Chapter 3 Natural Law

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CHAPTER 3 NATURAL LAW SUMMA THEOLOGIAE, AQUINAS’S

MAGNUM OPUS THREE PARTS:


What is natural law? FIRST PART
1. Aquinas speaks of God, and although
NATURAL LAW we acknowledge that our limited human
➢ Used to refer to some kind of intuition intellect cannot fully grasp Him, we
that a person has, one which is so nevertheless, are able to say something
apparently true to him that it is concerning His goodness, His might,
unquestioned. and His creative power.
➢ Is used as an appeal to something 2. SECOND PART
instinctual without it being directed ➢ We are created by God
by reason. ➢ Deals with man or the dynamic of
➢ Refer to what seems common to human life.
them given their particular environment. ➢ This is characterized by our pursuit of
happiness, which we should realize
NATURAL LAW rests ultimately not on any particular
➢ Inherent; having a basis in Nature, good thing that is created by God
Reality and Truth; not made or caused Himself.
by humankind. ➢ Our striving for this ultimate
happiness, while important, will not in
Who is Thomas Aquinas? itself bring us to this blessed state.
THOMAS AQUINAS ➢ In other words, salvation is only
➢ Hailed as a Doctor of the Roman possible through the presence of God’s
Catholic Church grace and that grace has become
➢ Dominican Friar perfectly incarnate in the person of
➢ He is preeminent intellectual figure of Jesus
the Scholastic period of the Middle Ages THIRD PART
➢ Contributing to the doctrine of the ➢ Focuses on Jesus as our Savior.
faith more than any other figure of his
time. MAIN FOCUS
THOMAS AQUINAS ➢ MAIN FOCUS here is the SECOND
➢ His SUMMA THEOLOGIAE, PART, it would seem clear that would
AQUINAS’S MAGNUM OPUS, is a be of greatest interest to us is the
voluminous work that comprehensively second part or the section of this story
discusses many significant points in that centers on human life and its
Christian theology striving toward God.
➢ He was canonized in 1323
AQUINAS’S ETHICS
The Context of the Christian
Story ➢ Pursuit of happiness
The fundamental truth maintained and ➢ Emotions “The Passions”
elaborated by Aquinas in All his works is ➢ Does it contribute properly to good
the promise right at the center of the life?
Christian faith: ➢ How do we developed Good or Bad
 That we are created by God in order habits.
to ultimately return to Him.
Christian life, therefore, is about For an action to be considered
developing the capacities given to us by moral, it must be done in accordance
God into a disposition of virtue inclined with conscience; it must be done in
toward the good. accordance with moral law.

AQUINAS’S ETHICS THREE DETERMINANTS OF MORAL


➢ Aquinas also puts forward that there ACTIONS:
is within us a CONSCIENCE that directs 1.Object of human acts
our moral thinking. This does not refer to 2. Circumstances
some simple intuition or gut feeling. 3. End
➢ For Aquinas, there is a sense of right
and wrong in us that we are obliged to THREE DETERMINANTS OF MORAL
obey. However, he also adds that this ACTIONS:
sense of right and wrong must be 1. Objects of human actions – that
informed, guided and ultimately which intends primarily and directly
grounded in an objective basis for 2. Circumstances – the conditions
morality. affecting the morality of an action
Classifications:
AQUINAS’S ETHICS a. Quality of a person (WHO)
b. Quality/Quantity of the moral object
➢ CONSCIENCE – serves as the guide
(WHAT)
in making moral decisions.
c. Circumstance of place (WHERE)
Q: How do we know that one’s action
d. Circumstance of means (BY WHAT
obeys conscience?
MEANS)
A: If it satisfies the natural inclination of
e. Circumstance of end (WHY)
human nature:
f. Manner in which the action is done
1. Self-preservation
(HOW)
2. Just dealing with others
g. Time element (WHEN)
3. Propagation of human species
3. End – the PURPOSE of the doer
4. Knowledge
Two Important Principles of Natural Law:
1. The Principles of Forfeitures and
1. SELF-PRESERVATION
2. The Principles of Double Effect
- natural inclination to take care of
one’s health or not to kill or put one’s
1. Principle of Forfeiture:
self in danger.
- If I threaten your life (i.e., violate the
2. JUST DEALING WITH OTHERS
principle concerning the protection
- Treat others with the same respect
of life)
that we accord ourselves.
- I forfeit my right to life. Thus killing in
3. PROPAGATION OF HUMAN
self-defense is morally permissible.
SPECIES
2. Principle of Double Effect:
- The reproductive organ is designed
- A wrong or evil result brought about as
to reproduce and propagate human
a consequence of some morally right
species.
action (undertake with intention to do
4. Knowledge
good) is not itself blameworthy
- Natural inclination to learn
- Sometimes it is permissible to perform Promulgation
an action that has, besides its desired – It is also necessary for rules or laws to
(good) effects, a second effect that it be communicated to the people involved
would be impermissible to brig about, in order to enforce them better ensure
either as an end or as a means. compliance.
Secondary evil must be a consequence.
2. Principle of Double Effect: Different kinds of Law
- Is the act good/morally permissible? - Eternal
- Is the bad effect unavoidable? - Natural
- Is bad effect means to achieve good - Human
effect? - Divine
- Does good effect outweigh bad effect?
Eternal Law
Metaphysical background is the Divine Wisdom of God which
Plato oversees the common good and
- The Republic (Book 6) governs everything. Eternal law is
- the idea of good God’s plan to lead all creation towards
Neoplatonic tradition God’s eternal salvific plan to be
- eg. Plotinus, The Enneads holy and blameless before Him through
- The One, the Good, the Beautiful Jesus Christ (Ephesians 1:4–5). God, as
Aristotle “Being-itself”, is able to promulgate such
- Being – Having a specific (essence) a law as God the Creator’s reason is
- Becoming – actualizing certain also perfect wisdom. Everything in
given potencies nature reflects the Eternal Law in their
own natures (S.T. I-IIae, 91, 2). Things
Four Causes: act according to their nature, so they
Any being, according to Aristotle, derive their proper ends (final cause)
can be said to have four causes. according to the law written into their
1. Material Cause nature.
2. Formal Cause
3. Efficient Cause Divine Law
4. Final Cause is the historical laws of Scripture given
to us through God’s self-revelation.
Essence of law Divine law is divided into the Old Law
Thus, from the four preceding articles, and the New Law, which correspond to
the definition of law may be gathered; the Old and New Testaments of the
and it is nothing else than an ordinance Bible (q91, a5). The Old Law, revealed
of reason for the common, made by him by God to Moses, “is the first stage of
who has care of the community, and revealed Law. Its moral prescriptions are
promulgated. summed up in the Ten Commandments”
(CCC 1962). It has an extrinsic focus-
Common Good motivated by fear — and promises
– Since we belong to a community, we earthly rewards (such as social peace).
have to consider what is good for the It expresses immediate conclusions of
community as well as our own good. the natural moral law.
Natural Law
- It is “natural” as it consists of Reason
given to us by the “higher reason” of the
divine Lawgiver. They are natural as
they are objective principles which
originate in human nature (GS 16; DH
14). The natural law is universal
because it encompasses every person,
of every epoch (cf. CCC 1956): “it is
immutable and permanent throughout
history; the rules that express it remain
substantially valid” (CCC 1958).

Human Law
is the interpretation of natural law in
different contexts (ST II.I.95–97).
Natural law is a foundation for moral and
civil law. Government laws are dictates
of practical reason from the precepts of
Natural Law.

Law is not about individual morality.


Individual vices should be legislated
against when they threaten harm to
others. Rulers of the State should take
the general moral precepts of nature
and specify them into State laws, e.g.,
the repugnance of murder is legislated
into punishments.

Hierarchy of Law
For Aquinas, human laws are derived
from natural law which is a participation
in the eternal law.

Therefore, eternal law is at the top,


followed by natural law, and then human
law. Divine law is the revealed law of
God to man, while natural law is the
imprint of eternal law on the hearts of
men.

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