Content and Exam Tips for OCR A Level Religious Studies
Aquinas
Natural Law
Content
Aquinas’ natural law, including:
telos
the four tiers of law
the precepts
Key Knowledge
origins of the significant concept of telos in Aristotle and its religious development in the writing of Aquinas
what they are and how they are related:
Eternal Law: the principles by which God made and controls the universe and which are only fully known to God
Divine Law: the law of God revealed in the Bible, particularly in the Ten Commandments and the Sermon on the Mount
Natural Law: the moral law of God within human nature that is discoverable through the use of reason
Human Law: the laws of nations
what they are and how they are related
the key precept (do good, avoid evil)
five primary precepts (preservation of life, ordering of society, worship of God, education of children, reproduction)
secondary precepts
Natural law is a theory which suggests that what is right is what is natural. What is natural is what God had designed for the world.
The theory was most fully developed by Thomas Aquinas that states that the primary purpose of human beings is to reach God. From this primary purpose we can deduce a fundamental precept, namely to do good and avoid evil.
From this fundamental precept we can deduce five primary precepts, to live, to learn, to reproduce, to order society and to worship God. Most societies in the world can be seen to follow these five, which suggests it is natural to do.
Many secondary precepts are worked out from the primary ones, such as not to carry out abortions. The secondary precepts may contain some flexibility whereas the primaries do not.
His theory is rooted in the ancient past and underpinned by many thinkers.
Early Developments of Natural Law
There have been several disagreements over the meaning of natural law and its relation to positive law. Aristotle (384–322 BCE) held that what was “just by nature” was not always the same as what was “just by law,” that there was a natural justice valid everywhere with the same force and “not existing by people’s thinking this or that,” and that appeal could be made to it from positive law. However, he drew his examples of natural law primarily from his observation of the Greeks in their city-states, who subordinated women to men, slaves to citizens, and “barbarians” to Hellenes. In contrast, the Stoics conceived of an entirely egalitarian law of nature in conformity with the logos (reason) inherent in the human mind. Roman jurists paid lip service to this notion, which was reflected in the writings of St. Paul (c. 10–67 CE), who described a law “written in the hearts” of the Gentiles (Romans 2:14–15).
St. Augustine of Hippo (354–430) embraced Paul’s notion and developed the idea of man’s having lived freely under natural law before his fall and subsequent bondage under sin and positive law. In the 12th century, Gratian, an Italian monk and father of the study of canon law, equated natural law with divine law—that is, with the revealed law of the Old and the New Testament, in particular the Christian version of the Golden Rule.
Biblical Foundation of Natural Law
The Christian acceptance of natural law finds its entrance through the biblical doctrine of natural revelation. It is on the basis of what the Bible says about natural revelation that Christian thinkers have sought common ground with the Greek and Stoic concepts of natural law, and have attempted to incorporate the philosophy of natural law into Christian theology and ethics.
According to Scripture, God reveals Himself to man through natural revelation. Natural revelation includes the knowledge of God’s existence, power, glory, and attributes through His works (creation and providence) in the natural realm (Ps. 19:1-6; Acts 14:17; 17:23-31; Rom. 1:19-21), and the knowledge of God’s moral law through man’s mind and conscience (Rom. 1:26-32; 2:14-15). This disclosure is called “natural revelation” because it is truth made known to man through the created realm and is perceived apart from any special revelation from God. This natural revelation is sounding forth its message at all times and in all places (Ps. 19:2-4), speaking of the presence and glory of God and of man’s responsibility to worship God and live according to His moral law. It leaves men without excuse and justly condemns them if they fail to worship God (Rom. 1:18, 20, 25) or carry out “the work of the law written in their hearts” (Rom. 2:15).
The moral law revealed through natural revelation in the mind and conscience of man is usually referred to as “natural law.” Man was created in the image of God in righteousness and true holiness. He was not neutral in his ethical perspective, nor a blank slate upon which experience would write the moral law. Man had the impress of God’s moral law stamped upon his mind and conscience as one made in God’s image. Turretin says that the natural law “is rightly described by common practical notions, or the light and dictation of conscience (which God has engraven by nature upon every individual, to distinguish between virtue and vice, and to know the things to be avoided and the things to be done).”[30] Gill describes the natural moral law given to Adam as follows:
The natural law, or law of nature, given to Adam, was concreated with him, written on his heart, and engraved and imprinted in his nature from the beginning of his existence; by which he was acquainted with the will of his Maker, and directed to observe it; which appears from the remains of it in the hearts of all men, and even of the Gentiles; and from that natural conscience in every man, which if not by some means lulled asleep, that it does not perform its office, excuses men from blame when they do well, and accuses them, and charges them with guilt when they do ill, Rom. ii. 14, 15.[31]
There is, therefore, biblical warrant for a concept of natural law, if (and only if) one interprets that concept within the parameters of the biblical doctrine of natural revelation. Natural law, in that context, is the knowledge of God’s law and of His righteous judgment as imparted to man through the activity of the mind and conscience. The natural law imprinted upon man’s nature is part of the image of God in man and enables him to function as a responsible moral agent.
Primary and Seconday Precepts
Aristotle and Aquinas argue that human beings have a very unique telos, or purpose, that is found in rational thought. We are able to reflect on our moral behaviour and consider whether our actions are good or bad. Aquinas' main moral rule is the synderesis rule: we should do good and avoid evil.
Aquinas believes that there are five primary precepts that follow from us reflecting on our telos and understanding the synderesis rule:
To preserve innocent life
To reproduce
To educate
To live in an ordered society
To worship God
The primary precepts are absolute and universal. Aquinas, however, also suggested that secondary precepts are needed as the primary precepts do not tell us how to act.
For example, if preservation of innocent life is a primary precept, we can argue that killing somebody is wrong. Secondary precepts are flexible as we have to consider how the primary precepts are to be applied in each situation.
The Four Tiers of Law
Aquinas believes that the universe was created with a God-given order. This order is also seen in the moral law that is built into the universe. Aquinas argues there are the following four levels of law.
The Eternal Law
This is known in the mind of God. It is God's knowledge of right and wrong. Aquinas refers to the effects of eternal law in terms of moving all things towards their telos; God's wisdom is reflected in his creation. These are moral laws that human beings may not be able to comprehend.
The Divine Law
This refers to the law revealed by God through commands and teachings through revelation. These include the Ten Commandments and the moral teachings of Jesus such as in the Sermon on the Mount. While Aquinas believes that law is rational rather than revealed, he believes that the divine laws revealed by God are reasonable and humans can work them out.
Natural Law
This is the moral thinking that all humans are able to do. All humans have the capacity to consider and work out the moral rules necessary for achieving their telos. This capacity has been given to humans by God. This involves a rational reflection on our human nature, considering how we might 'do good and avoid evil' and working out secondary precepts.
Human Law
These are the customs and practices of a society. They are devised by governments and societies. These should, ideally, be based on what we reason from natural law.
Interpreting the Natural Law
Aquinas believed that the secondary precepts are possible applications rather than hard and fast rules. However, the Catholic Church has made quite fixed secondary precepts, e.g. an absolute rejection of artificial contraception given that the primary precept is reproduction.
For Aristotle, the aim of human beings is eudaimonia (fulfilment or flourishing). Aristotle's ideas (virtue ethics) argue that we have to develop good character traits to enable us to fulfil our function and reach eudaimondia.
Strengths and Weaknesses
Strengths
Primary precepts are not controversial.
Primary precepts lead natural law to be an absolutist ethical theory. There is clarity to its judgements.
Flexibility in terms of the application of the secondary precepts.
Natural law leads to a belief in certain rights that exist regardless of context.
Affirms the importance of reason; humans are made in God's image and possess the rational capacity to work out right from wrong by observation of the world.
Weaknesses
Basic goods vary across societies.
As an absolutist theory, it can appear too legalistic and fixed on obeying the rules.
Commits the naturalistic fallacy (mistake of defining moral terms with reference to non-moral or natural terms) of observing what happens in the world and assuming that this is what must happen.
Tension between clarity of primary precepts and flexibility of secondary precepts.
Jean-Paul Sartre - Existentialism
Existentialism is a philosophical movement that stresses the uniqueness of each human individual by arguing that existence comes before essence.
Sartre believed that humans could only have purpose or telos if they had been made by God. As an atheist, Sartre did not believe this to be the case. He believed we come into existence and then we must decide for ourselves what our essence is.
Jean-Paul Sartre and Existentialism
Interior and Exterior Acts and Double Effect
Aquinas makes a distinction between interior and exterior acts.
Interior acts are essentially the motive. A good act with have a good motive. An exterior act is the action and must be viewed as good on the outside to be a truly good act.
However, there can sometimes be actions that produce more than one effect. The doctrine of double effect covers some of these areas where an action may produce several accts, some good and some bad.
For Aquinas, what matters is the intention. If the intention is to do good, then the act is good, regardless of whether the outcome if bad.
Wider Reading
Proportionalism
There has been a move to simplify natural moral law and make it more applicable to everyday life.
Proportionalists such as Hoose have suggested natural moral law is not a list of absolutes, but guidelines which humans must navigate for themselves. For example, disobeying a parent is wrong, however it may be acceptable to break the rule of ‘don’t run inside’ if someone is hurt and needs help. It sometimes may be right to do a wrong thing. Proportionalists in general believe there are certain moral rules which one should not let go of unless it results in greater good; a proportionate reason. An example is killing is wrong, unless in self-defence. Hoose argues ‘It is never right to go against a principle unless there is a proportionate reason which would justify it.’