Formulations Of The Concept Of Natural Law

There have been several disagreements over the meaning of natural law and
its relation to positive law. Aristotle (384–322 BCE) held that what was “just by
nature” was not always the same as what was “just by law,” that there was a
natural justice valid everywhere with the same force and “not existing by
people’s thinking this or that,” and that appeal could be made to it from
positive law. However, he drew his examples of natural law primarily from his
observation of the Greeks in their city-states, who subordinated women to
men, slaves to citizens, and “barbarians” to Hellenes. In contrast,
the Stoics conceived of an entirely egalitarian law of nature in conformity with
the logos (reason) inherent in the human mind. Roman jurists paid lip service
to this notion, which was reflected in the writings of St. Paul (c. 10–67 CE),
who described a law “written in the hearts” of the Gentiles (Romans 2:14–15).
St. Augustine of Hippo (354–430) embraced Paul’s notion and developed
the idea of man’s having lived freely under natural law before his fall and
subsequent bondage under sin and positive law. In the 12th century, Gratian,
an Italian monk and father of the study of canon law, equated natural law with
divine law—that is, with the revealed law of the Old and the New Testament,
in particular the Christian version of the Golden Rule.

St. Thomas Aquinas (c. 1224/25–1274) propounded an influential

systematization, maintaining that, though the eternal law of divine reason is
unknowable to us in its perfection as it exists in God’s mind, it is known to us
in part not only by revelation but also by the operations of our reason. The law
of nature, which is “nothing else than the participation of the eternal law in the
rational creature,” thus comprises those precepts that humankind is able to
formulate—namely, the preservation of one’s own good, the fulfillment of
“those inclinations which nature has taught to all animals,” and the pursuit of
the knowledge of God. Human law must be the particular application of
natural law.

https://www.britannica.com/topic/natural-law
DESCRIPTION:

The term "natural law" is ambiguous. It refers to a type of moral theory, as well as to a type of
legal theory, but the core claims of the two kinds of theory are logically independent. It does not
refer to the laws of nature, the laws that science aims to describe. According to natural law moral
theory, the moral standards that govern human behavior are, in some sense, objectively derived
from the nature of human beings and the nature of the world. While being logically independent
of natural law legal theory, the two theories intersect. However, the majority of the article will
focus on natural law legal theory.

A law or rule of action that is implicit in the very nature of things. The term is
sometimes used in the plural form to designate laws that regulate the activities of
nature in both the organic and the inorganic realm. Properly speaking, however, it is
exclusively applied to man and designates a prescriptive rule of conduct naturally
received by and measuring human reason which enables human reason rightly to
measure human action. For St. thomas aquinas, "natural law is nothing other than
the participation of eternal law in rational creatures" (Summa theologiae 1a2ae,
91.2); thus Aquinas conceives it as the imprint of God's providential plan on man's
natural reason. This article is divided into three main sections. The first treats of the
historical development of the concept of natural law; the second provides a
Thomistic analysis of the concept; and the third discusses the place of the concept in
contemporary theology and philosophy. (For specific applications of the
concept, see natural law and jurisprudence; natural law in political thought.)

ASSUMPTION:

David Hume (1711-1776) pointed out, logically derive a moral imperative or value
judgment simply by observing facts of nature. Natural Law theorists often argue, for
example, that because God’s laws (and laws of nature in this case) dictate the purpose
of sexual intercourse is reproduction, it is unnatural and thus, immoral to have sex for
any other purpose. The fallaciousness of this reasoning is especially obvious when we
consider natural tendencies which, are seemingly irreconcilable with ethical behavior.
For example, if one concedes that it is natural for human beings to care for themselves
before strangers, then one must also accept that this ought to be the case.

The second argument against Natural Law Theory is the theory’s assumption that moral
principles are written in the laws of nature (or by God). Modern science contradicts this
assumption. The scientific perspective sees only cause and effect in the natural world;
morals and values, it claims, are inventions of the human mind. From this worldview, the
continued use of Natural Law Theory in the Catholic Church (where it is most
prominent) is a holdover from Medieval thought.
STANDARD:

The historical state of nature was a condition of peace, good will, and mutual
cooperation. Man enjoyed the right of freedom and equality, as well as the right to
work and own property. The law of nature dictated justice, but the authority of civil
society was necessary to enforce it. Politically organized society resulted from
a social contract, but the continuing obligation of obedience on the part of the
people depends on the proper observance of that contract by the sovereign.

For Locke man is not, in the strict sense, under any obligation of law prior to the
convening of the state, nor is man obligated to convene such a state. Rather, Locke
sees natural law as a dictate of practical common sense a nominalistic symbol for the
rights of the individual, reflecting his self-interest. These rights do not emanate from
the natural law by intrinsic necessity; rather, they limit the political sovereign and
should be enforced by human positive law (ibid.9)

Kant projected an individualist idea of natural right. Freedom of will became the
ultimate, supreme, immutable value, a natural inborn right that included all natural
rights. He reconciled the conflict between the equally free wills of the various
individuals in society by a categorical imperative, a universal law directing that each
individual should so act that the free exercise of his will would enable him to live
without interfering with the like freedom of others.

It is a legal theory that recognizes law and morality as deeply connected, if

not one and the same. Morality relates to what is right and wrong and what
is good and bad. Natural law theorists believe that human laws are defined
by morality, and not by an authority figure, like a king or a government.
Therefore, we humans are guided by our human nature to figure out what
the laws are, and to act in conformity with those laws.
The term 'natural law' is derived from the belief that human morality comes
from nature. Everything in nature has a purpose, including humans. Our
purpose, according to natural law theorists, is to live a good, happy life.
Therefore, actions that work against that purpose -- that is, actions that
would prevent a fellow human from living a good, happy life -- are
considered 'unnatural', or 'immoral'.
PHILOSOPHERS:

St. Thomas Aquinas

If natural law is born of the Greeks, it comes of age with the Roman Catholic Church.
Perhaps the most famous of natural law theorists is St. Thomas Aquinas (1225-1274).
According to Aquinas’s theology, natural law is integral to divine providence. “Eternal
law” is the overarching law, established by God, which gives order to the chaos of
creation. The portion of eternal law pertaining to human beings is, to Aquinas, natural
law. Unlike other natural bodies (earth and animals for instance), humans are not
determined by natural law. Instead, God has instilled in us our sense of rationality. With
this reason we apprehend and participate in His eternal law if we so choose. Like the
Stoics, then, Aquinas thinks that lucid reasoning is the means by which to discern
universal moral truth and, by acting in accordance with it, fulfill our destinies

Natural Law – The History

The Greeks -- Socrates, Plato, and Aristotle emphasized the
distinction between "nature" (physis, φúσις) and "law," "custom," or
"convention" (nomos, νóμος). What the law commanded varied from
place to place, but what was "by nature" should be the same
everywhere. Aristotle (BC 384—322) is considered by many to be the
father of “natural law.” In Rhetoric, he argues that aside from
“particular” laws that each people has set up for itself, there is a
“common law” or “higher law” that is according to nature
(Rhetoric 1373b2–8).

The Stoics -- The development of natural law theory continued in the

Hellenistic school of philosophy, particularly with the Stoics. The Stoics
pointed to the existence of a rational and purposeful order to the
universe. The means by which a rational being lived in accordance with
this cosmic order was considered natural law. Unlike Aristotle’s “higher
law,” Stoic natural law was indifferent to the divine or natural source of
that law. Stoic philosophy was very influential with Roman jurists such
as Cicero, thus playing a significant role in the development of Roman
legal theory.

The Christians -- Augustine (AD 354—430) equates natural law with

 man's Pre-Fall state. Therefore, life according to nature is no longer
possible and mankind must instead seek salvation through the divine
law and Christ’s grace. Gratian (12th century) reconnected the concept
of natural law and divine law. “The Human Race is ruled by two things:
namely, natural law and usages (mos, moris, mores). Natural law is
what is contained in the law and the Gospel. By it, each person is
commanded to do to others what he wants done to himself and is
prohibited from inflicting on others what he does not want done to
himself.” (Decretum, D.1 d.a.c.1; ca. 1140 AD)

The natural law reflects how rational human beings, seeking to survive
and prosper, would act. Thomas Hobbes (1588—1679) argues that
the only way natural law can prevail is if mankind submits to the
commands of the sovereign. Since the ultimate source of law is the
sovereign, the sovereign’s decisions need not be grounded in
universal morality (this is, “legal positivism”).

STRENGHT AND WEAKNESS:

Autonomous and rational A Fixed Human Nature

Natural law is an autonomous, rational theory and it is wrong to say that you have to believe in Aquinas believes in one fixed,
God to make sense of it. Aquinas speaks of “the pattern of life lived according to reason”. You shared human nature with
could be a Darwinian atheist and believe in natural law derived by empirical observation, with certain natural properties eg
the primary precept of survival (Aquinas’ preservation of life). Dawkins go so far as to argue for heterosexual. But evidence
a natural genetic tendency to be altruistic: a lust to be nice. suggests there are gay genes
and so there is no one natural
“The theory of Natural Law suggests..morality is autonomous. It has its own human nature, but many. This
questions, its own methods of answering them, and its own standards of is actually a form of
truth…religious considerations are not the point”. Rachels (2006:56) the naturalistic fallacy, the
movement from an “is” to an
“ought”.

“It may be that

sex does produce babies,
 but it does not follow that
sex ought or ought not to
be engaged in only for that
purpose. Facts are one
thing, values are another”.
Rachels (2006:52)
An exalted view of human beings An optimistic view

Humans are capable of using their reason to work out how to live. So we are not slaves to our Aquinas believes that
passions or our genes. Natural Law has a purpose: a flourishing society and a person fulfilled we innately (we are born with)
and happy. It is not ultimately about restricting us by rules, but setting us free to fulfil our have a “tendency to do good
proper purpose, inherent in our design: to rationally assent to personal growth. If we can agree and avoid evil”, which he calls
on our purpose we can agree on what morality is for. Moreover, we don’t have to accept the the synderesis rule. This is in
fact/value division inherent in G.E. Moore or A.J.Ayer’s philosophy. contrast with Augustine who
believes that, due to the Fall,
“The natural world is not to be regarded merely as a realm of facts, devoid of value we are born into sin, the sin of
or purpose. Instead, the world is conceived to be a rational order with value and Adam, or perhaps the view of
purpose built into its very nature.” Rachels 2006: 50 psychologists like Freud, that
natural selfishness becomes
moralised by upbringing and
socialisation.

This is clearly an optimistic view

given human beings propensity
to destroy life in war, exploit
other sentient creatures for our
own ends, misuse sex, indulge
in antisocial behaviour, and
prefer the X box 360 to
education.
Flexible Immoral outcomes

Again, it’s a misunderstanding to think of Natural Law as inflexible. The primary precepts may Natural Law has been
be general and unchanging, but as Aquinas himself argued, secondary precepts (the application interpreted to ban
of primary precepts which create the apparent absolute rules of Natural law) can change contraception, because this
depending on circumstances, culture and worldview. interferes with the
natural primary precept of
The Doctrine of Double Effect is also a way to escape the moral dilemmas which exist when two reproduction. But a. it’s not
rules conflict. (See Pojman pgs 47-51) clear that sex is exclusively for
reproduction, in fact, the
function of bonding may be
primary and b. the consequence
of this policy in Africa has had
evil effects of the spread of

Strengths Weaknesses

1. Natural Law finds it

difficult to relate to
complex decision to basic
principles in practice e.g.
1. There is emphasis on innate human reason which is a positive because should more money be
unlike emotions reason does not change. It also means the theory is spent on hospitals or
universal and can attract a large number of supporters. schools?

2. It commits a Naturalistic
Fallacy according to
G.E.Moore. One cannot
derive an ought from an is
i.e. is we assume God
created a moral law is a
fact or that we have a
natural inclination to care
for others as a fact- this
does not we ought to
follow the moral law or
2. Clear-cut approach to morality and establishes common rules. care for others.

3. The basic principles of preserving human life, reproduction, learning and 3. Natural Law is based on
living in a society are common in all cultures hence Natural Law is a five assumptions, the
reasonable theory. primary one being that
 humans and the world in
general has a purpose,
however, modern science
can be used to show why
this isn’t the case.

4. Neilsen uses cultural

relativism to question
4. Natural Law does not just dictate what should be done it goes beyond Natural Law and the belief
that, like Virtue Ethics, it concentrates on human character and virtues. in one common law.

5. Baron says that relying

too much on reason is bad
because this leads to
corruption as human
nature is corrupt. He
believers it is better to
5. Natural Law relies on practical wisdom as well as reason including the follow scripture and
body, some emotions and passions sometimes. revelation.

6. It is difficult to work out

the primary purpose of
everything e.g. is the
primary purpose of sex to
procreate or enhance a
relationship – the clitoris
provides evidence that the
6. All things required for happiness e.g. health, friendship etc are morally sole purpose of sex is not
good and can be achieved through Natural Law. just to have children.

7. Some Catholic Scholars

believe Natural Law is not
enough on its own to be a
true Catholic- Church
teaching and revelation are
7. It is useful for the issues where the Bible is silent e.g. IVF of utmost interest too!

8. One cannot rely on predicting consequences because often we are wrong 8. Vardy and Grosh
so Natural Law provides a good alternative to consequentialist theories criticize the way Aquinas
 works from general
principles to lesser
purposes and sees his view
of human nature as
unholistic and simplistic.

9. It is self-contradictory
you cannot say that clear-
cut rules are provided and
then uses casuistry to
9. It puts a high premium on life and protects the vulnerable. allow room fro flexibility.

10. What is more

important actions or
consequences? e.g. if a
man with an axe asked you
where your friend was
surely it is more moral to
10. It upholds human rights and has been included in the UN declaration of lie and save the life of
human rights. your friend?