Topic 5 Natural Law

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SAN JOSE COMMUNITY COLLEGE

Datag, Malilipot, Albay III. MODERN CATHOLIC THINKERS


As a reaction to the textbook presentation of natural
las as fixed moral code spelled out in great detail and
TOPIC 5: NATURAL LAW rigidity, there has been a shift from a static to a more
dynamic and evolutionary interpretation of the natural
ST. THOMAS AQUINAS law.
A medieval Roman Catholic scholar, reconciled the political 1. A. Dondeyne. Two ways of conceiving the
philosophy of Aristotle with Christian faith. natural law:
He contended that a just ruler or government must work a) As a whole of abstract, ever-present rules
for the”common good” of all. that are found among all peoples. The
Became a Dominican priest at age 18. “greatest common denominator” found
Studied under the mentorship of St. Albert the Great. always and everywhere constantly
He studied the works of Aristotle and the Muslim decreases
commentaries on them. b) As the standard, the ideal which custom
Playfully called by his friend as “dumb ox” for being large or positive legislation must pursue in
and quite. relation to a particular development of
He produced over ninety works in a little over two civilization, in order that its laws may be
decades worthy of man and just.
1. Summa Theological 2. R.O. Johann. Contrast two views of natural
2. Summa Contra Gentiles aw
3. The Ways of God: For Meditation and Prayer a) According to classical world view
the norms of morality is conformity to
FOUR PARTS OF SUMMA THEOLOGICA human nature, which is conceived as
1. Existence and Nature of God fixed, self-enclosed, something completed.
2. Happiness, Psychology, Virtues, Law (Human , Reason is given a largely passive role-
Natural Divine) merely to become reflectively aware of an
3. The virtues in detail order, already constituted. Being
4. Christian Doctrine reasonable means conforming to the
known patterns of nature, to physical and
WHAT IS NATURAL? biological processes. The morality that
 It is the rational understanding and following of God’s results stresses the ROLE OF LAW and
final purpose OBLIGATION
 God Created everything for a purpose
 Humans were created with the ability to reason and b) According to historical and
can therefore choose to follow an intended purpose. evolutionary view, the norm of morality
 Natural means some kind of INTUITION that a person is conformity to right reason which is open
has and dynamic. Reason plays a very active
 Natural means unquestioned(true to him or to all) role – its task is to discover what is
 Natural means justifiable behavior reasonable and human in a given
 Natural means common to the environment situation. Human nature becomes a task,
 Natural means acceptable by the many. a project, a vocation, a work of love. Right
 Natural means like an INSTINCT reason is conceived as reason open to the
Absolute and rectified and inspired by
WHAT IS NATURAL LAW? love. The morality that results stresses
 Is a theory in Ethics and philosophy that says that FREEDOM and CREATIVITY,
human beings possess intrinsic values that govern our PERSONALITY and LOVE, CREATIVE
reasoning and behavior. RESPONSIBILITY. The morally good is not
 Rules of right and wrong are inherent in people and simply what is in accord with nature, but
are not created by society or court judges. what presents itself as reasonable in the
 “Actions are morally right if they accord with our particular circumstances or situation.
nature as human beings”. We have the ability to
reason and by exercising our intelligence we can FOUR KINDS OF LAW ACCDG TO THOMAS
discern right action”. 1. Eternal Law – was God’s perfect plan, not fully
knowable to humans. It determined the way things
HISTORICAL INVESTIGATION such as animals and planets behaved and how people
should behave. (Eternal law comes from God and is
I. ARISTOTLE – Every individual substance has an unchanging)
INTRINSIC “nature” or principle of operation which is 2. Divine Law – primarily from the Bible, guided
dynamic, teleological and specific. Not every man by individuals beyond the world to “eternal happiness” in
nature achieves infallibly his goal of happiness. From what St. Augustine called “City of God”. (Divine law is
Aristotle, we learn two things: the part of eternal law revealed through the
a) Positive – moral norms may not be absolute scriptures)
as the physical laws of nature 3. Natural Law – the lights of reason is placed by
nature (and thus by God) in every man to guide him
b) Negative – whereas Aristotle and St. Thomas in his acts. Therefore, human beings, alone among
after him stressed the species (sameness), God’s creatures, use reason to lead their lives.
the modern emphasis today is on (Natural law is eternal law that can be known to
individuality (differences) humans)
II. ST. THOMAS AQUINAS (Summa Theologica) The Order of the Natural Law
Cite the 4 definitions of natural law:
a) Ulpian – that which is common to man and First Principle: DO GOOD AND AVOID EVIL
all the animals Ex. Preserving life, caring for children, knowing the
b) Gratian 0 that which is contained in the law truth about GOD, not harming others, helping the
and in the gospel poor and sick, etc.
c) Isidore of Seville- that which is common to
all nature Second Principle: HOW TO ACT BASED ON THE
d) Cicero- that which is not the result of works FIRST PRINCIPLE
but is innate in us
Ex. The enforcement of the law, making of laws,
functioning of society

4. Human Law – “an ordinance of reason for the


common good” made and enforced by a ruler or
government. He warned, however, that people were
not bound to obey laws made by humans that
conflicted with natural law. (Human law is the lwas
made by the state)

WHAT ARE THE SEVEN BASIC GOODS OF NATURAL


LAW (Accdg. to Finnis)?
1. Life
2. Knowledge
3. Play
4. Aesthetic experience
5. Sociability of Friendship
6. Practical reasonable and
7. Religion

BASIC PRINCIPLES OF NATURAL LAW


 Only laws that are just are to be followed while unjust
laws may be ignonred
 It is a basic principle of human nature to want to live
a good life, and therefore, human lwas should reflect
that desire

FIVE PRIMARY PRECEPTS OF NATURAL LAW


 Self-preservation
 Continuation of the species through
reproduction(Procreation)
 Education of children (Knowledge)
 To live in society
 To worship GOD

THREE ASPECTS OF NATURAL LAW


1. Natural law is ONTOLOGICAL which means “based
on being”. The “being” in question being human
beings. Our shared human nature is the basis for
natural law morality.
2. Natural law is CATHOLIC which means “univcersal”.
The fact that it is based on human nature makes it
universally applicable to all humanity applicable to all
humanity regardless of race or culture.
3. Natural law is TELEOLOGICAL, which means “ordered
toward end”, that end being natural Happiness.

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