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    Document 6

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    CHAPTER eee Natural Law Ethics - 227% 9 SF Chapter Objectives Maturai iaw + +2. identity the basic and universet iuinan in 1 according to St. Thomas. I I 3. explain the various spczific morai principles under ' natural law theory: j | 4. show the strengths and weaknesses of natural law ethics: | and 5. apply natural law thinking in the analysis of certain contemporary issues pertaining to sexual morality. the Christian moral tradition, especially during the Medieval Period, courtesy of ‘quinas—the so-called ¢ His thorough, grand and systematic religious interpretation and appropriation of the purely secular and humanistic Aristotelian | conception of nature has exerted a significant influence in the way | Catholic teachings are traditionally framed and. articulated, » ral or Thoiniche Thee - Renene "ic tHe cerc oy the Weer Law; te ro dogs + soba = Bente wens sees 1 So ondaoiG — | Uihirate GOA. oy the parcan £ ‘Gad. 5 96 One ookone ig +o be Ged x Diceneroble vithinwe pasa’ ote. ack i troraly vig it ie dene in Occodonnc with the erat (aun - what 1c anova Lows. “Reawen Mie He Goxck reeral Tow the moral tou ic #€ dictole g reasen- touoe ee bac TH OneF nema coey cane Gods kernal ion THe wee low Mes Grom Cool Ww, 5 non ithe sare Low that eye Do Greed ‘e tek we ee re 410 natvral inclivotion nid exal ‘Person (Otro DINANEE Citadie to hoyeM aetUc. ) Gey - Reenation Tan ackian ic good if 8 i done moccodancdanct D dutcenting with otbere with Coleclencd . 9) Propagate O Nunta epecies. a TRTERPRETATION OF DATURALLAW rout ts try, pricy 8 mates ey elit at hes my eae ity mun he yrounded on nt aca tw avn Ji posi le ine ity a pth oa re yeah sk a is ray wth ha na een nh eof pty i taal ahd every citi nw Sit aware dering sory he oo laa a fear mt logy it hig rm: Ems an mh ma nay | esey by eve main wth tna er ignver how the natural wold operates” (Barry 1998347) Fiend the world with dqgamatamtamam thus the word ggg _docoring "tothe nara law parade ta knows an voyman " 7 The carly Saoiesntetleved that “umanbeingsssati us, there ts really nothing muy Sqenieceeneienpoennneieems mmm Soe ee id nat yooebly discover typ that cables them to discover te eset cera avs that 1 isnot Wau some esoteric realm but rather J} gover felis on what ean be Known from a ‘whole cosmos that ate necessary in the attainment of sn and | individual happiness and social harmony” (Pojman 2005:69) (Mackinnon 1998:75) ‘uensimies equated nature with law and reason and taught that Tey ‘ahabqwaseimpornt was 4o-inve wife according toma a ‘ellednthisemwistiom, By this, the Stoics seemed to mean the T's reason or even epmmena | ‘=280ton dhatensnthing:bappennsespediartognsenile oP seenselsself that determines what we ought to do and not do. And) @saaastye “The wise person knows that things must be a they ae, ‘Sree emeritus It aplis also universally of and achieves happiness and sense of purpose by leaming how to alt human beings, regardless of heir social and cutral ferences) Sept the necessities of things and evens and upbringing is atitude, caried to the extreme was taken to mean thal rans ‘This attitude, carried tothe extreme 7 “he nature of he self, and thus are inowabie Sanat cts: way-himgea:seaphy because ashes ‘nothing more and nohng less, the ea that dings cannot be ‘eleipangetenmnepa Ress n allot ke tan thy wil in ac be Th anderson by many = ‘wha’ best for us. So‘ ‘what is right and wrong and fh Sai is tee foro Soe js ve, ame wo foow te ——— sof reason 10 discover mor! truths i heed in te very bec exten St AS Ober “Moreover, deieinoncsinedenensholethenstenss See oe rs ‘tamemanorpares=essumnlonowenns reat Aristotle obviously influenced by this thinking). ae reic- urna +b be agocicted wl @ particular oo aatitedteroy cerertity 4 not inch fereat ce a anyirivg, ok enter in the univerte. Fatale ia tia grange cannot be othe, yom ty will jingoct Ve. Dorting Are WALD yreepCrtoppenc by hana, highly acknowledged omchow following essentially {greatest ofall ancient philosophers, someho the Sioics’ particular way of thinking, believes that everything that exists int mature serves some particular and specific purpose and that we can never fally understand a thing (anything, iv fact for that mate) unl we understand wht it fo, oF what its purpose for. "Natural law [appears mysterious only] if we forget that ‘everything has a law built into its nature (Rice 1993:27), {Elin 1995:93). In Anstole's view, however, pple cqually well (9 inanimate nature. One ot his favorite cxamples is the gam. TURIREORNSPPOSE SERS aaQAUTIER The whole process of how a thing develops from potentiality to actuality is possible because of the thing’s very nature. Ina way, natural law, a5 one author psi, i simply ‘Saunas Rice 1993:27) pmo euch sree dnunnsic nature “opi which is. dynamic, teleological, and specific. then is the very reason or purpose of anything that came to be of ‘Nhe pesson for bemg.4, The point ‘simply — According to Aristotle, “the essence of a thing is an activity, ‘something that the thing does. This, he understands as its essential ‘characteristic function, that is, that which it does uniquely or better than other things. _Titris-whgyso-as-to coneretcly illustrate! (he Speaking specifically of the human bein i We have to ask, Seog 10 Aristotle, what is the extemal characteristic of 8 team Bing that he can do beter tan any oer thing. What is See ackvalization or tobalizoition 4 tthe reason for veing wi Aristotle ROOM that yomesfanes . ‘other functions such as sensual perceptions, they share with animals or the brutes. particular and oF that "8 that makes him diferent and distinct gaat” (Elin 1995:94). Here, Aintasereamitudemnhat the very functién or activity that makes hamans distinct from the rest of ereation is the eapacity Wo Bo use and exrese oUF INalligence m suitable ways i the purpose and reason of what is meant to be human, To do what is natural acording to our nature as rational is what is good or right” (Ellin 1995:94), 10 ehinmacondanen wilinousnaiae. which i our Rona o ‘Wedanee:basmvonalinqusactiontamicooiat Further, what this means is that, isto wemsianour ‘cughttanda, We must not allow our lower faculties to dominate our decisions and actions. 1t is clear that for inal, tonfolomenatinteitstonioio “wason__shndhtonfoliowereasomas the way-toberbons —_ Wrans Cod Tir, - Tot makes (wman dirtinde fun tie pects, Creed - BB+ Tour) “Tis conception of natural Taw revolves around basic ideas. These are (Camp, Olen & Barry, 2015: 75 Everything in nature has a purpose. Everything in nature has an essential nature-certain features that constitute its defining features. Everything in nature has its proper good. Something's natural purpose. is essential nature, and its oper good are intimately related sla sbi i. “waleetamneichamnys ‘tampedaaanpalaig” Morcmayer 19878). aso generally = Aircinesuverabemtactingy” (Peschke | All beings inthe world, bothqpimatgsrimanimateygre under some sort of a law. There is a law that govems for example the ‘movements ofthe planets and the solar system, as there are als laws that govem the growth of plants and other living things, There ‘is alsoa law that governs our biological systems as humans, re In its narower sense, which is our concer here,“ "(Montemayor 1994:79), {iglaton and inthe specific context of ethics and morality, dg Fontemayor 1994:79), Reece — trons Acc hawas DENWED by StueThomes ‘The clasical concept of law is i Thorns Aquinas te tha is mculated by St. To say tha law is an oxinace singh nce simply ce it is an order, “Hhis ord Sennen ta Fe 48). 2 ‘A Law in the above sense differs from a plea or advice since it requires obedience on the part of those who ae expected to follow it This sense of obligation renders a law with an element of force or power. Hence, Furthermore, with human reason, that is, it has to bein accord Te should not be something ‘is simply a product of anyone's whims and caprices, say a tyrant or a despots unreasonable wielding of power and authority ‘Thus, season in the finest sense of the tems For alam to be easonale, must conan the ollowing elements (Gatdereca et 1888100, 1. mir This means that al should nat command what moray wrong oe a means tht 2 lw ow not contradic a emsrnensneTt Ths essence to any hie aw. 2 means thatthe people who are obliged by a aw an ftw ‘ta that Strctlyspecng rotten for humans but one Wc ae 4 This means that Taw, once owt be relatively permanent. sseabiahed snd enacea snoud be more oles table, ering | we eromentts 7 0 Low 1 ve Reouncbie 1 teetuct be yet 2 WeMst We honest . 2 pe must Vepescwe o Hlpllyont : U tt St De retake pre we patie Wott must be clteck nf common good 3 Html be Pram| gated fay somes who has 4 Ge oy He attenopi hy sles repealed or amended with good reason by the legitimate See respec el reresetativs ‘eMAETEPE NERS prOpeEENENO Since, 23 Just mentioned above, natural law possesses "an obligatory character, it also NgtSRoWsancionseoR ‘penlties to those who do not obey ste-commandsy, 4 The natural law is o ‘tqptiscaner And since the person has the natural power ‘of reason and intellect to know certain truths about his/her own being (having been “imprinted” in histher nature), he/she then can know what this law concerning his/her own being requires. 5. Qhe- natural: law''ts “immutable or~ unchangeable: Since Whe author” of the” natural "taw'as God Herself, whose divine decres emanate from His unchanging and [Aiiibutes ofthe Natural Law 7 immutable nature (God as always God, forever and ver, His commands will always be the same as He ‘his means that & law, ih order to be followed bythe sabes Mave, for example, on gprbage/waste Mio, before it was implemented to the publi, was published {nea dates as wellas in other mediums (TV Radio, poser, leaflets, ech, 5 QRAARANERRNNRRNNNENN Tis ess that 9 Taw tat On Denes 2 privileged sector cannot onscered a aw nthe truer and finest sense of the word. Thus a aw ‘shoul always be forthe good of all or the entire community Sines at re ‘hs means that 8 fw o ve ts Nannini ) or group of persons, such as the ery counel (local level) or the senate and congress nthe naonal vel Various authors and writers on natural law who are following conceived them from the very beginning in His infinite the Thomistic tradition usually cite the following attributes ot mind. Having shared the immutability of the etern ‘properties that the natural law is said to possess (See Peschke and the very nature of God, as well as the constancy of 1985; Hiring 1978; Panizo 1964; Montemayor 1994; Rice 1993; human nature itself (human nature as essentially the Baldemeca et al. 1984, Agapay 2008): same, and that it is the same for all), the-natural awa Le ‘The natural law is said The natural law is obligatory, {0 cary with i an obligatory element precisely ramen be : ae oe nein ‘Maturataweenotatthinkersatiingsishrbe'w Grale oy OO. small group of persons, The lawful authority must have the mandate of the whole community ‘The whole moral question of what constitutes Lawl ang competent authority has Been a subject of much Controners. Ina emocrane state like ours, lawful authority 1 defined hp ‘through the Constitution but this is not true to all nations. Othe ‘countries do have penblems with regard 10 the question of prope authority that should represent the whole nation im canes of declaring a state of wat. 2) Angie @as8 - According to the Just War tadhtion. ay fast ike mt he ease ol nations do aso have the right to defend themselves from anus aggressors, Hence. entering into a war with a jut cause must include the ioltion of a nation's right suchas sts own clan to independence and sovereignty tha is beng pu imgjgapil@by the attack of 2 ‘unjust foreign aggressor. : Pe ae acer ake ‘country aginst another. ‘Tis also implies that all posible peaceful and legal means resolve cooflicts must be thoroughly exhausted and ried. bef ne can resort 10 war Riplomeey, nies. editions © emmmmamie are some of —— Mengete Jeopardy Ww An oni ae ve rare “nora WAC 4) Cosertnnenies etn tha acide ww Sa Se mets The mca tare Sear [itrrrr een aeboptien NSC of pea and juice or it dnven by revenge: powcrand peed ee 2 See ie moral order. et. Was of of moral rt Wan. of agro witht any pres prov ven primarily, if ns solely. by terol # ‘songues! and destruction at simply immoral ReMSONADASONAEEOPSUREES — War can only be sified if 2 ation that resis to thas a reasonable chance of attaining N \sirirearnmanemgy Pee rity capability and that ofthe enemy Reting thousands {and even oulions) ofthis, including the noncombatants 5100 grea spre to pay for 8 war that doesnot have, from the very beginning a chance of winning. Such 2 case can just do more harm than good. ‘To be morally justified. a war shoul have greater ikelood of victory than defeat In short, (©) RIGHEUSeOrMeRm® Pormwarterbejesifie@, the nght use of ‘means ~ghoukeberimsteaimont anda Counties involved must only employ “ordinary” means in combat. The te of weapons of mats dsrzon, sch as mcear bombs themical o bolo warfe, 3 violation of this parcular ‘condition, and ths, marly cbjeconabe ‘The United Nations (UN) through its Security Councit {eworilly condemas an song probs he anus and ‘8 of weapons of mass destruction calling them unworthy 10 ‘880d against humanity at anytime and for whatever reason, The Sdvance of technology in modem times makes the whole issue of more urgent and cootoversial tat needs 105 + unconventhiral warare = to be properly addressed by contemporary world leaders of al peace-loving countries, seen pees oe Ne oT This humane way of that have ‘waging war ts stipulated in the so-called ‘been developed over the course of centuries, ‘This also goes to show that the morality of entering into a war js not just a question of having the right intention and motive but also (and not the least important) about the methods by which the war is waged, 7) RropartionateRespomse — Since War necessarily involves Violence, any violent response thereof must be directly [proportional fo the act of provocation or aggression coming from the enemy. Themauofisetfidefenseraliowsonisntheeking re must be no wanton slaughter or destruction that has no direct effect on the outcome of the war. The moral duty to Yaimimizene ‘When all the requirements of a just war are already met and the war has been waged, itis also important to bear in mind that the war should cease the moment its intended purpose has alread teen practically accomplish, REGGE Bota conan OE sony hostile acts when peace has already been declared” Finally, let i be suid that even if there are situations or cases that would morally justify a war, itis always the solemn moral duty of every man and woman’ of goodwill 10 avoid it from bappening. The damages und destructions of war any kind of war for that matter to fives and properties are simply too great a price to pay foe peace. + 106 puveiting (poe deka «+ gostified Rebellion Revolution : = oFetizens 853 th Boermen Ths ihe ee a {Sieciamme A difficult question arises as to the morality of aking arms or resorting (0 violence against one's own government. Car the at of violent uprising or armed revolt (in the case of Coup and of people’s revolution) be morally justified and permitted? The natural law tradition, following the thinking of St ‘Thomas Aquinas. tends 10 approve of a violent uprising against duly constituted legal authorities under certain extreme and rare situations. In a pastoral letter issued by the highly influential Catholic Bishops’ Conference of the Philippines (CBCP) sometime in 1990. the violent means to overthrow duly constituted authority strongly opposed and condemned as highly immoral as it is “tantamount to an unjust usurpation of power.” ‘ However, the same document by the CBCP, obviously taking a cue from St. Thomas’ teachings, also made mention of the following specific conditions or prerequisites that may justify a violent overthrow of duly constituted government (See Agapay 1991:206 & Montemayor 1995: 202; 1985:134). Notice here the striking similarity with the conditions under the just war theory 1) When there is a clear and manifest long - standing tyranoy and oppression that the basic and fundamental rights and dignity of the citizens have been already trampled upon; when the overnment has become substantially evil and has lost sight of the Common good as it only pursues its own self-interest to the etciment ofits own people. 2 When and legal means to resolve the conflct ‘have atrendy been resorted and exhausted. When constitutional Procedures of reform (such as impeachment among saa 1076 we already been tried but ¢ provided for by the Cotto) he re y 7 5 bt ay ‘option available 10 the people so that there i no other opto ft bere, how and when can we (uly Say tht all the Othe eacettand Teal, aswel as constitational AVEOUES and pg anager il a FeSOTT 0 ey Pe eady been taken 10 n0 aval that & FeSOrT C0 extasee cople to seek reform fry rans is the ony ane Tet forthe peop! mee srrvermment? Saying that all other peaceful Means have alg een exhausted i radially different from truly exhausting al oth available means 13) When there is a reasonable probability that the revolt wig ‘be a success. Does the planned uprising offer a well-founded hope ‘of success? Or does the revolution entail more evil than what seoks to achieve? Will result to more harm than govt? These ar some questions that have to be answered with all seriousnes, before any group (whether left, right or center) should even consider before staging a violent attempt to topple down the government History is replete with numerous examples of successful revolutions that resulted in much greater evils than they seek to eradicate +4) When the good to be achieved is well proportionate or of the same weight (othe damage that would be inflicted. If the harm that will result with the violent overthrow of the Peet ance met tc costo human ives, and properties # weh greater, then the revolution is moral lly i ‘never have been considered, a neil This means further that “the ie oF a government iudgment formed as 1 OF & ere purty bac tus the opinion of private pe" (Montemayor 1985-134) Bt maj He. avor 1985:134), ajority of the peopl + 108 “The reason for this is that ifthe decision to revolt only comes from a Few, then we can say that iis not democrate fort dows not have the support of the many. Hence it will make the revolution rot that of. for, and by’the people that it should be. ‘All these clements should be present in order for any attempt ‘ofa violent and armed revolt against any government to be morally Jegitimate and justified, Critical Assessment of Natural Law Ethics Strengths of Natural Law Theory (Criticisms against Natural Law Theory ‘While natural law theory has raanypappealingicharacteristics. Some of these problems and objections are the following (See Barry 1985; Mackinnon 1998 & Timbreza 1993): ae ed Scottish moral philosopher DaVidSHIUthe (1711-1776), in bis bi argues TweerKeR OF that we cannot derive an “Nogh ne gen on” This oe waren 7 Cataon men at sould oot be subjected any hs Sy how tik more a moral one

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