Ethics Module 3 - Natural Law Ethics

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MODULE 3

Natural Law Ethics

St. Thomas Aquinas was an Italian Dominican priest who is considered as one of the most
influential thinkers of the Medieval Era. In establishing the basis of morality, he combined the
theological principles of faith and the philosophical principles of reason. St. Thomas’ philosophy
is an integration of knowledge obtained through Biblical Revelation and information gathered
through human reason. He believed that the Revelation could guide reason and reason could
clarify faith.

At the end of Module 3, you should be able to:

1. Demonstrate a clear understanding of how Thomas Aquinas made use of Aristotelian


concepts to provide a rational grounding to an ethical theory based on Christian faith;

2. Demonstrate familiarity with the varieties of law and use these as guide to analyze moral
experiences; and

3. Develop a greater awareness for the common good of all created beings.
Lesson 1
St. Thomas and Aristotle

St. Thomas Aquinas (1225 – 1274) is one of the greatest Christian philosophers in Western
philosophical tradition. Using Aristotelian philosophy as a foundation and framework for his moral
discussions, Aquinas was able to construct an ethical theory that will become the cornerstone
of Christian morality. The influence of Aristotle on the works of Aquinas is so immense that
historians of philosophy would simply regard Aquinas’s work as a “Christianized version” of the
works of Aristotle. Aquinas’ philosophical method is a combination of profundity, clarity and
accuracy; his style of writing is immensely painstaking and thorough, always providing solid,
strong and sound rational argumentation. Aquinas’ greatness rests in his ability to bridge the
gap between theory and practice. His philosophy is widely considered as a philosophy in action;
some of his most theoretical, most abstract points have life-changing and practical applications.

Reflect on these questions:

1. What makes you as a human being distinct from other creatures?

2. How is this manifested in your actions?


St. Thomas borrowed from Aristotle’s discussion the nature of beings. A being can be defined
as anything that exists. For Aristotle, any being has four causes.

Corporeal, tangible beings, or things that you see and touch around you possess a certain kind
of materiality. A chair or a dog, for example, has a material or physical body . The physical
characteristic of being is its material cause. When referring to material cause, the question to
ask is “what is it made of?” For example, the material cause of a house is wood, cement, sand,
gravel, etc.

The distinguishing feature of being (the “form” or “shape”) is the formal cause. Going back to
the example, the formal cause of a house is its blueprint or the “idea or “design” as conceived
by the carpenter or architect before its construction. When referring to the formal cause, a
carpenter or architect asks “what will be the design of the house?” The “design” which is in the
mind of the carpenter/architect will serve as his guide when he starts building the house.

A house will not exist, unless it is created or constructed by a carpenter. The agent that brings
into existence another being (from wood to house) is the efficient cause. Hence, the efficient
cause of a house is the carpenter or construction worker.

Lastly, a being is created for a specific purpose, end or goal. Again, going back to the example,
a house is built primarily for shelter. This apparent purpose or end is the final cause.
A being may carry within itself certain potentials, but still these potentials need to be actualized.
Hence, Aristotle introduces two important concepts: potency and act.
Aquinas on the Human Person

Aquinas embraced the definition of person proposed by the 6th century Roman philosopher
Boethius who describes the human person as “an individual substance of a rational nature.”
Moreover, Aquinas agreed with Aristotle that the human person is composed of a soul and a
body. However, Aristotle will later on highlight the supremacy of the soul in the sense that the
soul is permanent and incorruptible. Aquinas further argued that the soul is capable of existence
apart from the body after death. Aquinas also shared with the idea of Aristotle that human beings
share the same generic properties with the rest of the animal kingdom. However, for Aquinas,
what distinguishes a human person from other animals is being rational and this rationality is the
capacity to make intelligent and informed choices.

Aquinas was very much influenced by Aristotle’s categorization of the human soul. Aristotle
distinguished between three types of soul in order to show the three different ways a body can
be organized: vegetative, sensitive and rational. The lowest form is the vegetative soul. Among
living beings, plants only have vegetative soul which enables them to flourish. The vegetative
soul allows the plant to grow, to be nourished and to reproduce. Sensitive soul is inherent among
all animals (rational and non-rational). This allows them to have sensation, perception and
movement. Our sensitive soul allows us to remember things that happen to us, and likewise
enable us to experience pain and pleasure. It is also the one responsible for our desires, hopes
and expectations. The rational soul is unique to all humans. It enables him/her to have the
capacity to perform rational thought. The rational soul is what distinguishes human beings from
other animals. Aquinas will later use Aristotle’s categorization of the human soul but will highlight
the importance of Reason as God’s most precious gift to man. Hence, in order for man to be true
to his natural essence, he/she must follow his/her nature, i.e., as a rational being.

Consequently, the human soul can be categorized into two: cognitive and appetitive. The
appetitive element (also called irrational, vegetative or will) cannot be dictated by reason. Hence,
this is the part of man not in the realm of virtues. In most cases, the appetitive element arises
out of the human person’s desire to satisfy his pleasures. Human beings’ craving for food, sex,
wine and other pleasurable things fall under the appetitive element. A person’s action which is
borne out of the appetitive element is usually done out of impulse which naturally goes against
reason. However, the appetitive element of the soul plays an important part for it provides
nutrition and nourishment for the body which provides energy and strength for the physical
growth of the body.

The cognitive aspect (also known as the rational faculty or the intellect) may lead the human
person towards excellence or virtue. This faculty enables man to know, understand and
apprehend the nature of the good. Human actions done in accordance with the rational faculty
are done voluntarily, i.e., exercised according to a reasoned account of what a person thinks is
good. As such, it can be considered as a product of a person’s own free judgment.

Aquinas on the Purpose of the Human Person

At the heart of Aquinas’s theology is the fundamental truth that can be discerned in almost all
his works, that all beings are created by God in order to ultimately return to him. Consequently,
Aquinas’s theology can be summarized into this simple phrase: “all things come from God and
all things will return to God.” The author of the book of Genesis affirmed the inherent goodness
of God’s creation: “God saw all that he had made, and it was very good” (Gen. 1:31). God created
everything out of his infinite goodness and love for us all. His goodness is stamped in all his
creatures, especially man who is imbued with the highest gift which is Reason. As a rational
being, man is “naturally good”, or to put it in another way, man is inclined to do good since reason
instructs man to do good and to avoid evil.

Do you agree with the phrase “madaling maging tao subalit mahirap magpakatao”?

Lesson 2
Varieties of Law and the Natural Law
Law is an essential and fundamental element in Aquinas’s ethics. Although law is not the whole
of morality, the topic on law plays an important part in Thomistic ethics. There are two kinds of
law: physical law which “directs nonfree beings to uniform action toward their ends by an inner
necessity of their nature” and moral law which “directs free beings to act toward their ends by
imposing obligation on the free will.”

Examples of physical laws include laws of physics, chemistry and biology . Moral laws, on the
other hand, are imposed on free beings and are sometimes violated, although it is suggested
that moral laws should not be violated. Human acts are therefore governed by moral law.

Reflect on this:

1. Can laws make human beings good?

2. Imagine a society where there are no laws. What kind of people do you think exist?
Law is an essential and fundamental element in Aquinas’s ethics. Although law is not the whole
of morality (Aquinas’s ethical framework is non-legalistic), nevertheless, the topic on law plays
a central part in Thomistic ethics. Austin Fagothy, S.J. (2000) identifies two kinds of law: physical
law which “directs nonfree beings to uniform action toward their ends by an inner necessity of
their nature” whereas moral law “directs free beings to act toward their ends by imposing
obligation on the free will.” Examples of physical laws include laws of physics, chemistry and
biology which are imposed “out of necessity” so that it would be impossible for beings who are
non free to disobey physical laws. Moral laws, on the other hand, are imposed on free beings
although not as physically compelling as physical laws. As such, moral laws can be violated,
although, as Fagothy suggests, they ought not be violated. Human acts are therefore governed
by moral law.

Varieties of Law
Thomas Aquinas defines a law as “nothing else than an ordinance of reason for the common
good, promulgated by him who has care of the community” (Summa
Theologica, I-II, q. 90, a. 4). His definition mentions the five characteristics of the law which will
be examined below:

• As an ordinance, a law must be distinguished from mere opinion or piece of advice to make
things easier or to get things organized. A law is morally and legally binding, which means, it is
a command made by a superior that must be followed by its subordinates.
• A law is of reason, which means that it is formulated through rigorous discernment using one’s
intellect or will. Hence, a law must be consistent, meaning, it should not contradict with other
laws. As a product of reason, a law is also just, which means, it must respect other rights
guaranteed by higher laws. Lastly, a law must be useful, which means that it should serve a
higher purpose.

• A law is for the common good. It should benefit the whole community and not for private or
personal interests. Consequently, a law that does not look at the common good is an unjust law.
• A law is considered promulgated when it is made known to the general public. The promulgation
is primarily done through publication in print media (newspapers, tabloids, etc.) or broadcast
media. Once promulgated, a law is already binding, which means, no one is excused or
exempted from following the law. As the saying goes: “ignorance of the law excuses no one.”
• By him who has the care of the community. Lawgivers and legislators have the sole
responsibility of crafting laws. On the other hand, a competent and legitimate authority has
jurisdiction, which means, he or she has the right to impose and administer the law. The authority
of the legitimate authority (which is bestowed upon him by the people) comes with a
corresponding obligation to see to it that the general welfare of the community is addressed.
A law that lacks any of these characteristics is not a genuine law and therefore cannot impose
moral obligation. From a Thomistic point of view, laws are good because they are supposed to
make men good by directing them towards their ultimate goal and by pointing out to them the
many ways to reach this goal.
As mentioned above, God, in his infinite wisdom and goodness created the whole universe. God
is the source of all being, hence, all beings must necessarily return to him. Man does not only
acknowledge God’s benevolent act but also marvel at his Divine Plan (the Mind of God). This
overall plan of God, His plan for the universe and all of His creation is manifested through Eternal
Law. Eternal law expresses the necessary relation of the Creator to His creation. St. Augustine
defined it as “that law by which it is just that all things be most perfectly in order” (De Libero
Arbitrio, bk., I, ch. 6) and “the divine reason or the will of God commanding that the natural order
of things be preserved and forbidding that it be disturbed” (Contra Faustum Manichaeum, bk.
XXII, ch. 27). Following the insights of St. Augustine, St. Thomas Aquinas defines eternal law
as “the exemplar of divine wisdom, as directing all actions and movement” (Summa Theologica,
I-II, q. 18, a. 9).
Since it is impossible for human beings to comprehend Eternal Law (the Mind of God), God
himself had to find ways in order to communicate his will to humankind. Hence, Eternal Law is
expressed in two other laws, namely, the Divine Law and Natural Law.
Divine Law are the laws found in sacred scriptures. Examples of laws found in the bible are the
Ten Commandments and hundreds of other laws found in the Old Testament and the teachings
of our Lord Jesus Christ in the four Gospels. The Divine Law can also be discerned in official
Church teachings (also known as ecclesiastical law). An example of this is the Canon Law of the
church. Natural Law is also derived from Eternal Law.
Aquinas defines Natural Law as “the creature’s participation in eternal law.” For example, it is
natural for the sun to light and give warmth to our planet, it is natural for the flower to bloom, it
is natural for the seed to blossom into a plant or tree, it is natural for fish to swim and for birds to
fly. In other words, through natural law, creatures are simply obeying the “natural tendencies”
that God has implanted on his creation. It is called natural law because it is rooted in nature itself
and is manifested through the nature or essence of a particular thing. Therefore, since you are
rational creatures, it is “natural” for you to discern the will and purpose of God for you.
From man’s natural capacity to know the good, human beings likewise create laws for
themselves in specific circumstances as well as in plurality of cultural and social contexts. These
laws fall under the fourth type which is human law. Examples of human laws are city ordinances,
the Philippine Constitution and the other laws of the land. Lastly, since human laws are
ordinances of reason human laws must not contradict with the natural law.
Natural Law Ethics
The first precept of natural law is “do good and avoid evil”. Because they come from God, and
because they are endowed with the faculty of reason, human beings have a natural inclination
towards goodness. Hence, strictly speaking, a person must not do any evil act since this is not
in accordance with his or her natural essence. Human beings are inherently good because they
have the capacity to know the good. You are naturally good, and you continue to become a good
person by simply following your innate human natures. Aquinas identified three inclinations that
you share with other beings, with other animals and uniquely to yourselves.
• The first is a natural inclination that we share with other created beings. Though we are unique
of all of God’s creation (we are the only one imbued with the faculty of reason), we also share in
the nature of other beings. One such inclination is to preserve one’s own being. Thus, Aquinas
is telling us that preserving human life is in accordance with the precepts of natural law. Following
this line of thinking, we can thus infer that it is unethical to take the life of another human being.
Furthermore, taking one’s own life (suicide) is unacceptable since it violates our natural tendency
for self-preservation.
• The second inclination is one that we share with other animals which has something to do with
the propagation of species and the care of one’s offspring. Animals (including human beings)
engage in sexual intercourse when they are “in heat”. This is also the time when they are most
fertile and will have a higher chance to conceive. As parents, it is but natural and indeed a good
thing to do to take care of our children—giving them the right food, clothing and shelter. As much
as possible, we also give them proper education to prepare them for a bright future. On the
contrary, it is unethical for us to abandon our children or deprive them of basic needs or abuse
them physically or emotionally.
• Aside from the two inclinations mentioned above, human beings are also inclined to do good
according to their essence or natural capacity as rational creatures. By using their intellect,
human beings have the capacity to know the truth about themselves, other people, society and
God. Hence human beings have the obligation to dispel ignorance in order to move them closer
towards the truth.This inclination to pursue the truth will enable human beings to act in
accordance to their true nature and lead them towards their ultimate end, who is God.
Aquinas on Law and Conscience
As mentioned above, Aquinas specifically highlights the crucial role of intellect in Ethics. For
Aquinas, Ethics is a matter of using the God-given gift of Reason before, during and after making
ethical decisions. By Reason, what he actually means is “not just logical consistency plus
knowledge of empirical facts, but knowledge of values, [and] an understanding of what is really
and truly good.” (Kreeft, 2009, p. 79) One of the most important powers of human Reason is
moral conscience. In elaborating the power of human reason and free will, Aquinas distinguishes
between syndresis and conscience. As rational creatures all of us are acquired and have an
innate mental disposition which enables us to grasp the most general principles of morality.
Aquinas calls this “syndresis” which is basically “the immediate, direct knowledge of moral
principles.” (Kreeft, p. 79) Moreover, syndresis is dependent, like all human information on
sensory experience. Through constant practice (experience) you can strengthen these moral
dispositions. On the other hand, these may also be weakened or may be lost through lack of
exercise or practice.
Aquinas says there are three moral determinants which he calls the act itself (or the object), the
circumstances and the intention (end). The object is the act that is willed, the circumstances, the
context or situation by which the act is initiated or done, and the end is the motivation of the
agent in performing the act. All three, Aquinas argues, need to be good in order for the act to be
morally justified as good.

1. Is it possible to attain true happiness in life? How can human beings attain their ultimate goal?
2. What are the practical implications of Thomas Aquinas’s natural law ethics?
3. St. Thomas formulated his natural law ethics in a time when knowledge about science and
society are still very much limited. In the light of the present advancement in science and
technology and in your recent understanding of psychology, sociology and the social sciences,
how should you critically evaluate his teachings?

On August 28, 2015, the Catholic Bishops’ Conference of the Philippines (CBCP) issued a
Pastoral Letter entitled “The dignity of vocation of homosexual persons: A pastoral response to
the acceptance of homosexual lifestyle and the legalization of homosexual unions”. In the said
Pastoral Letter, the CBCP reiterated its stand on same sex union arguing that “there are
absolutely no grounds for considering homosexual unions to be similar or even remotely
analogous to God’s plan for marriage and the family. A homosexual union is not and can never
be a marriage as properly understood and so called.”
Just recently, the Archdiocese of Indianapolis announced that it will no longer recognize Brebeuf
Jesuit Preparatory School as a Catholic institution for allegedly refusing to adhere to a directive
from the Archbishop of Charles Thomson to fire a teacher in a same-sex marriage. In a
statement, school officials said following the Archdiocese’s directive would “violate our informed
conscience on this particular matter.” Furthermore, the Provincial Superior of the Jesuits in the
USA Midwest Province supported Brebeuf Jesuit Preparatory School saying that he “respects
the primacy of an informed conscience of members of its community when making moral
decisions.”

Answer the following questions:

1. Read the Pastoral Letter of CBCP on “the dignity of vocation of homosexual persons.”
Are the arguments presented by CBCP consistent with natural law ethics? In what way?
Give examples of citations from the Pastoral Letter.

2. Read also the Statement of Brebeuf Jesuit Preparatory School and the Provincial
Superior of the Jesuits on the issue of refusing to adhere to the directive of the Archbishop
of Indianapolis. What are the main arguments of Breeuf Jesuit Preparatory School for
accepting a teacher involved in same sex marriage? Does it contradict church teachings
on homosexuality?

3. Give your own moral judgment on the issue. Do you support the school’s decision of
retaining the teacher involved in same sex marriage or are you in favor of the
Archdiocese’s stand? Support your answer.

http://www.cbcpnews.com/cbcpnews/?p=62674

https://www.rappler.com/nation/104303-cbcp-urges-followers-oppose-same-sex-marriage
https://www.wishtv.com/news/local-news/archdiocese-of-indianapolis-brebeuf-to-
split/2088178334?f
bclid=IwAR1ROX0MSTyX4SiKm5iXMMi-GA6JV66s6HS6PIim2N4Xytkp7lwzbqrCDf8

https://brebeuf.org/statement-to-the-brebeuf-jesuit-
community/?fbclid=IwAR10DOiGnhUMfCbzoT7-
_a5POCxZJrIJzDjv_weWLiPdkH_ahttMxXbO1iE

https://jesuitsmidwest.org/news-detail?TN=NEWS-
20180821101701MIDWESTPROV&fbclid=IwAR2L2ctNUf1UXd0-
znYJBY4ZyDn6PR5vkcJSCYucl6T8ksTEvn5q4OIH9KY

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New York, Benziger

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India

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human happiness. In Aquinas and the Nicomachean Ethics. Edited by Tobias Hoffman,
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Learning.

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