UNIT 3:

NATURAL LAW ETHICS

Introduction:

This module contains discussion on the Natural Law Ethics particularly of St. Thomas Aquinas. It will guide you
to understand the theory, concept and application of natural law. It also contains explanation of related terms to natural
law. This module is being used in this subject for academic purposes only.

Learning Objectives:

At the end of this lesson, you should be able to:

• Discuss natural law ethics of St. Thomas Aquinas;

• Know difference between descriptive (scientific), prescriptive (natural and divine), & human (civil, positive,
statue) laws;
• Comprehend Aquinas’ features of a law, how natural law can be explained in terms of moral standards and the 4
natural inclinations of human beings;
• Comprehend the concept of “the common good” vs. concept of “greatest good for the greatest number.”; and
• Know & apply the Principle of Forfeiture and the Principle of Double Effect.

17
This material is for academic purposes only.
ACTIVATE:

Please answer this question, same scheme in our previous lessons kindly screenshot your answer and
send it to me as a DIRECT MESSAGE via FB messenger. Copy the question (5pts)

Analyze the caricature below. What idea does it convey?

Question:

Is suicide a morally permissible act? Why do people do it? Give me a figure and indicate the source of your source.

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________

This lesson introduces the concept of natural law ethics, an idea that assumes man as a rational being, acts in
accordance with inherent rules based on a precept that good must be pursued and evil avoided.

ACQUIRE:
18
This material is for academic purposes only.
 The natural law tradition is one of two approaches to theological ethics. The other approach is divine command,
which will be covered next lesson.

Natural law is theology-based because God is understood to be the creator of the world. Simply put, to
understand the moral law one must understand God’s intentions, and a clue to God’s intentions can be found in the world
God created, including that part of the world that is the set of human beings. Typically, though not exclusively, natural
law theories focus on human nature in order to identify proper human action.

Natural Law

Natural Theory is a theory in ethics and philosophy that says that human beings possess intrinsic values that
govern our reasoning and behavior. Natural Law maintains that these rules of right and wrong are inherent in people and
are not created by society or court judges (https://www.investopedia.com/terms/n/natural-law.asp).Natural laws are
prescriptive because they tell us how we ought to behave. In this sense, they are unlike physical laws aka laws of nature
(e.g., gravitation), which tell us how things do in fact behave and are, therefore, descriptive. Natural laws are absolute,
because the goods in which they are grounded are incommensurable - that is, there is no common metric that would allow
us to compare them. Hence, there can be no ‘trade-offs’ between, say, protecting life and seeking knowledge; or, more
importantly, between protecting this life rather than that life.

Four Different Types of Laws:

Eternal Law

By “Eternal Law’” Aquinas means God’s rational purpose and plan for all things.
Aquinas thinks that everything has a purpose and follows a plan.
If something fulfils its purpose/plan, then it is following the Eternal Law.

Natural Law

These are internal rules which any rational person can come to recognize by simply thinking and are not external
like the other rules. These are absolute and binding on all rational agents. The first primary precept is that “good is to be
pursued and done and evil avoided.”
The Primary Precepts:
1. Protect and preserve human life.
2. Reproduce and educate one’s offspring.
3. Know and worship God.
4. Live in a society.
19
This material is for academic purposes only.
 These are rooted from man’s natural inclinations: Self-preservation (Natural inclination to live), Procreation
(Natural inclination to reproduce), Knowledge (Natural inclination to learn), and Sociability (Natural inclination to love
and seek affection)

These precepts are primary because they are true for all people in all instances and are consistent with Natural
Law.

Human Law

Human Laws are devised by man for specific purposes. Aquinas also introduces what he calls the Human
Law which gives rise to what he calls “Secondary Precepts”.

Secondary precepts are not generated by our reason but rather they are imposed by governments, groups, clubs,
societies etc. These might include such things as do not drive above 70mph on a motorway, do not kidnap people, always
wear a helmet when riding a bike, do not hack into someone’s bank account.

It is not always morally acceptable to follow secondary precepts. It is only morally acceptable if they are
consistent with the Natural Law. If they are, then we ought to follow them, if they are not, then we ought not.

Consider the secondary precept that “if you are a woman and you live in Saudi Arabia then you are not allowed to
drive”. Aquinas would argue that this secondary precept is practically irrational because it treats people differently based
on an arbitrary difference (gender).

Aquinas would think that this human law does not fit with the Natural Law. Hence, it is morally wrong to follow a
law that says that men can, and women cannot, drive.

Real and apparent goods

 A real good is good according to NL.
 An apparent good is a rational decision to pursue something that doesn’t perfect our nature, and “is
opposed to the universal judgement of reason” – Aquinas

Divine Law
20
This material is for academic purposes only.
 Divine Laws are those that man receives by special revelation from God. Divine laws are those that God has, in
His grace, seen fit to give us and are those “mysteries”, those rules given by God which we find in scripture; for example,
the ten commandments.

Two Important Principles of Natural Law (“Casuistry” in Harris’s essay)

The Principle of Forfeiture

According to the principle of forfeiture, a person who threatens the life of an innocent person forfeits his or her
own right to life.

(i.e., violate the principle concerning the protection of life),

…I forfeit my right to life.

Thus, killing in self-defense is morally permissible.

“If you take another life,

you forfeit your own right to
life”

The Principle of Double Effect

A wrong or evil result brought about as a consequence of some morally right action (undertaken with intention to
do good) is not itself blameworthy. Sometimes it is permissible to perform an action that has, besides its desired (good)
effects, a second effect that it would be impermissible to bring about, either as an end or as a means.

Secondary evil must be a consequence…

not a catalyst!

Imagine a child brought up in a physically, sexually and emotionally abusive family. He is frequently scared for
his life and is locked in the house for days at a time. One day when his father is drunk and ready to abuse him again he
quickly grabs a kitchen knife and slashes his father’s artery. His father bleeds out and dies in a matter of minutes. Do you
think the son did anything wrong?

21
This material is for academic purposes only.
 Why is the son killing the father not in direct contradiction with the primary precept? Aquinas asks us to consider
the difference between the external act — the fact that the father was killed, and the internal act — the motive. In our
example, the action is one of self-defence because of the son’s internal action and because of this; Aquinas would think
the killing is morally acceptable.

This distinction and conclusion is possible because of Aquinas’s Doctrine of Double Effect which states that if an
act fulfils four conditions then it is morally acceptable. If not, then it is not.

Principles of the DDE:

The first principle is that the act must be a good one. The second principle is that the act must come about before
the consequences. The third is that the intention must be good. The fourth, it must be for serious reasons.

The act of the son was performed to save his own life so that is good — we can tick (1). Moreover, the act to save
his life came about first — we can tick (2). The son did not first act to kill his father in order to save his own life. That
would be doing evil to bring about good and that is never morally acceptable. The intention of the son was to preserve and
protect his life, so the intention was good — tick (3). Finally, the reasons were serious as it was his life or his father’s life
— tick (4).

So given that the act meets all four principles, it is in line with the DDE and hence the action is morally
acceptable, even though it caused someone to die and hence seems contrary to the primary precept of preserving life.
An action is judged via the Natural Law both externally and internally.

Imagine a case where a soldier sees a grenade thrown into her barracks. Knowing that she does not have time to
defuse it or throw it away, she throws herself on the grenade. It blows up, killing her but saving other soldiers in her
barracks. Is this wrong or right?

Aquinas says this is morally acceptable given DDE. If we judge this act both internally and externally we’ll see
why. The intention — the internal act — was not to kill herself even though she could foresee that this was certainly what
was going to happen. The act itself is good, to save her fellow soldiers (1). The order is right, she is not doing evil so good
will happen (2). The intention is good, it is to save her fellow soldiers (3). The reason is serious, it concerns people’s lives
(4).

Conclusion

22
This material is for academic purposes only.
 Aquinas is an intellectual giant. He wrote an incredible amount covering a vast array of topics. His influence has
been immense. His central idea is that humans are created by God to reason — that is our function. Humans do the
morally right thing if we act in accordance with reason, and the morally wrong thing if we don’t.

Aquinas is an incredibly subtle and complex thinker. For example, his Doctrine of Double Effect makes us to
reflect on what we actually mean by “actions”, “intentions” and “consequences”. His work remains much discussed and
researched and typically still plays a central role in a Christian Ethics that rejects Divine Command Theory.

APPLICATION:

What have you learned from this lesson? Do you have some realization/s? What are they?

__________________________________________________________________________________________________
__________________________________________________________________________________________________
______________________________________________________________________________________

This is the rubrics of your answers.

23
This material is for academic purposes only.
ASSESSMENT:

Instruction: Answer the following questions. Make it short but precise.

1. Differentiate the four types of laws and cite at least one example for each law.

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________

2. Explain why natural law is both absolute and prescriptive.

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________

3. Discuss how the principle of forfeiture and double effect can be used to justify the following acts:

a. Euthanasia

b. Bombing and Terrorism

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________

REFERENCES:
Padolina, Alexandra Raven (2016). The Principles of Forfeiture. Prezi.com
Pasco,Marc Oliver D., Suarez, V. Fullente, Rodriguez, Agustin Martin G. (2018). Ethics. Quezon City: C&E Publishing, Inc.
https://www.investopedia.com/terms/n/natural-law.asp

24
This material is for academic purposes only.
 25
This material is for academic purposes only.