aquinas natural law

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St. Thomas Aquinas (1225 – 1274) Natural Law Through his wisdom God is the founder of the universe of things . . . .And so, as being the principle through which the universe is created, divine wisdom means art, or exemplar, or idea, and likewise it also means law, as moving all things to their due ends. Accordingly the Eternal law is nothing other than the exemplar of divine wisdom directing the motions and acts of everything. St. Thomas Aquinas, ST Q. 93,a.1

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Page 1: Aquinas Natural Law

St. Thomas Aquinas (1225 – 1274)

Natural Law

Through his wisdom God is the founder of the universe

of things . . . .And so, as being the principle through

which the universe is created, divine wisdom

means art, or exemplar, or idea, and likewise it also means law, as moving all things to their due ends.

Accordingly the Eternal law is nothing other than the

exemplar of divine wisdom directing the motions and

acts of everything. 

St. Thomas Aquinas, ST Q. 93,a.1

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St. Thomas Aquinas:

Natural Law1. Pre-Notes:Moral Case

Biographical notesMetaphysical Background

2. Theory of the Natural LawLaw in General

Eternal LawNatural Law in particular:

Precepts of the Natural LawFurther questions

3. Contemporary Moral Principles

Principle of Double EffectTheory of Proportionate

Reason

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Suggested ReadingsSuggested Readings::

Timothy McDermott, ed., Timothy McDermott, ed., “Preface: What the “Preface: What the SummaSumma is is About,”About,” St. Thomas Aquinas, St. Thomas Aquinas, Summa TheologiaeSumma Theologiae (Maryland: (Maryland: Christian Classics,1989), xvii-lviii.Christian Classics,1989), xvii-lviii. Jean-Pierre Torrell, O.P., Jean-Pierre Torrell, O.P., Saint Saint Thomas Aquinas. Vol. I: The Person Thomas Aquinas. Vol. I: The Person and His Workand His Work, trans. Robert Royal , trans. Robert Royal (Washington, D.C.: The Catholic (Washington, D.C.: The Catholic University of America Press, 1996)University of America Press, 1996) Ramon Reyes, Ramon Reyes, Ground and Norm Ground and Norm of Moralityof Morality (Manila: Ateneo de (Manila: Ateneo de Manila University Press, 1989), Ch. Manila University Press, 1989), Ch. 5.5. Frederick Copleston, Frederick Copleston, Thomas Thomas AquinasAquinas (N.Y.: Harper & Row (N.Y.: Harper & Row Publishers, Inc., 1976), pp. 9-15; Publishers, Inc., 1976), pp. 9-15; 199-242.199-242. James Rachels, James Rachels, The Elements of The Elements of Moral PhilosophyMoral Philosophy (Philadelphia: (Philadelphia: Temple University Press, 1986), Temple University Press, 1986), Ch. 4.Ch. 4.

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Choosing Death: Physicians, Patients, and End-of-Life Care

Today, many physicians have come to believe that prolonged, life-sustaining treatment is not always in the patient's best interest, even if providing such treatment would mean life over death. . . . As medical technology advances with unprecedented speed, physicians are more able than ever to help patients with a slew of aggressive, life-saving treatments. But in treating the diseases, the physicians often neglect to care for the patient, and heroic life-saving measures often prolong lives that many feel are no longer worth living because of the pain and misery in which they leave the patient.

1. Pre-Notes

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In tonight's episode of ER, we are confronted with a wrenchingly painful situation: a mother watches her child suffer agonizing pain as he slowly dies from ADL, a degenerative disease for which there is no cure. Joi, his mother, is well acquainted with the suffering her son is going through: her older son died of the same genetic disorder a few years earlier. In order to spare her younger son the trauma of dying in a cold, impersonal hospital, she seeks a way to have him spend his final days at home. Dr. Ross helps make that wish a reality by prov-iding her with a "patient activated analgesic," a pump that supplies painkilling narcotics to her son, which she can administer without any trained medical personnel in attendance.

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As Joi watches her son die, she and Dr. Ross discuss ways in which her child's suffering can be relieved even further, since the amount of pain medication she is administering to her son seems to be having little effect. Dr. Ross explains how much is safe to give, but then goes on to explain how she can increase the medicine doses so that she will eventually drug her child to the point of death -- should she wish to make that decision. Unable to bear Ricky's agonized suffering, Joi finally chooses to administer the lethal dose and kills her own son.

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This episode raises a series of tangled ethical questions. First and foremost, there is the question of Dr. Ross' role. Did he do the right thing when he explained to the patient’s mother how to medicate her son such that death will occur? Second, there is also the issue of the mother’s decision.

What do you think?

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As Joi watches her son die, she and Dr. Ross discuss ways in which her child's suffering can be relieved even further, since the amount of pain medication she is administering to her son seems to be having little effect. Dr. Ross explains how much is safe to give, but then goes on to explain how she can increase the medicine doses as demanded to ease the pain. He also tells her that since the heart can only take so much, an increased dose could also lead to death. Doing as Dr. Ross instructed, Joi gradually increased the dose as demanded until Ricky eventually died.

Is there any immoral act committed here?

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Life of St. Thomas: 1225-1274Life of St. Thomas: 1225-1274– Born 1225 at Roccasecca of noble family on the decline;– At age 5, Thomas was brought to the Oblate of Benedictine Abbey of Montecassino for education; At age 6 when asked what he wanted most to know, answered: "What is God?" All his life he sought to fill out the answer.– In Naples, Thomas was captivated by preaching of new Dominican friars, enters novitiate. Sent off quickly to Paris because of opposition of family, captured and interned by family for a year; could not be budged.– In 1244, at age twenty, start his studies as Dominican friar in the university of Paris under master Albert the Great, the famous German friar who was just beginning his encyclopedic commentaries on the work of Aristotle.– 1273: Back in Naples, Dec. 6, refuses to write anymore despite urging of his devoted secretary Brother Reginald: "All that I have written now seems to me as straw--compared with the vision I have had" (apparently a profound mys tical experience). Health begins to fail.– 1274: Called to Council of Lyons, considered so important that despite failing health he took off; fell critically ill at castle of Maenza, dies at Abbey of Fossanova, March 7.

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Best Known WorksBest Known Works (two systematic treatises):

(a) Summa Contra Gentiles (A Summary Against the Gen-tiles): an apology for the Christian faith; aims was to show that the Christian faith rests on a rational foundation and that the principles of philosophy do not necessarily lead to a view of the world which excludes Christianity either implicitly or explicitly.

(b) Summa Theologica (A Summary of Theology): a sys-tematic and summary exposition of theology for "novices" in this branch of study; divided into 3 parts; but the second part is itself divided into 2 parts, known respectively as the Prima secundae (first part of the second part) and the Secunda secundae (second part of the second part):

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Metaphysical world-View

RevieRevieww

What distinguishes the metaphysician within philosophical inquiry is his thrust toward articulating a vision of reality as a whole, not just some part of it. (meta ta physica)- transcending the scope of philosophy of nature or physics to inquire into the ultimate causes of all things. In metaphysics we focus our inquiry explicitly on the ultimate context of all experience, that of reality or being itself, as such--rather than on any particular part of it.

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Aristotle’s metaphysics – the study of the real requires the study their causes.

4 Causes – Formal – that in a being that makes it to be such, this kind of being; Material – that in a being out of which it is made; Efficient – that which by its action makes a being to be; Final – that for the sake of which something is made or done.Metaphysical

world-View

Influences Influences (1)(1)

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Neo-Platonic Theory of Participation –

Where many beings are found to be – intrinsically similar in that they share some one perfection common to all yet are diverse (dissimilar), this common perfection of similarity cannot find its adequate sufficient reason in these many participants precisely as many and diverse. The only adequate sufficient reason for this common sharing must be some one unitary source from which this common perfection derives.What all beings share in common is the act of existence itself. Hence, all beings necessarily point back to one single ultimate source of existence itself.

Influences Influences (2)(2)

Metaphysical world-View

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Thomistic SynthesisThomistic Synthesis:

- Aristotle’s concern with change, Aquinas transformed into the question of existence: God is both efficient and final cause of all beings.- Relation between beings and Being is conceptualized in terms of the Neo-Platonic theory of Participation.Aquinas existentialized both Aristotle and Plato

to show that all beings not only come from God as their First Cause but also return to Him as to their perfection as the Final Cause.

Metaphysical world-View

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The Great Circle of The Great Circle of Being: Being: The Universe as The Universe as Journey.Journey.

First, there is the exodus, or journey outward of all created being from its Infinite Source, the emanation of the Many from the One . . . This outward movement is grounded in God as exercising efficient causality . . . actively producing out of His own self-diffusive goodness the whole ordered system of multiple, participated, finite beings, the procession of the Many from the One.

But no sooner has the outgoing journey begun than it pivots upon itself and starts back on a journey home again to its Source (reditus), drawn by the pull of the Good in each being. This pull arises as the inner act of being of each thing pours over into its characteristic goal-oriented action, seeking the fullness of its own perfection, and drawn to this goodness ultimately, through the channels of participation, by the same Infinite Goodness from which its original act of existence flowed in the first place, but this time as Final Cause.

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It is this metaphysical framework–God as both first and final cause--that enables Aquinas to assert that from the very fact that the human being has a nature, he is dyna-mically oriented toward a goal, a final end. This orienta-tion to ward a final end is not something up to the hu-man being's free choice; it is already inscribed in her nature, and her will in particular, as an a priori necessary tendency she can do nothing about.The moral life, in this context, involves the realm of the human being's free choice as he walks to ward or away from his end--who is God. (Metaphysics of Natural Law, 148)

ConclusioConclusionn

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Natural Law

2. Theory of the Natural 2. Theory of the Natural LawLaw

Excursus: Format of the SummaExcursus: Format of the Summa

Medieval Debate Format: The text is divided into hundreds of topics called QuestionsQuestions; Each topic consists of a sequence of dilemmas called ArticlesArticles, Each dilemma is posed by three short arguments called ObjectionsObjections, Against some traditional position called the SedSed ContraContra, And resolved by an argued point of view called the ResponseResponse applied to each objection in Answers to the Objections.

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“Law is a kind of direction or measure for human activity through which a person is led to do something or held back.” (Q.90,a.1)

“Now direction and measure come to human acts from reason.” (Q.90,a.1)

Taken as a rule and measure, law can be present Taken as a rule and measure, law can be present in two man-ners, first, and this is proper to the in two man-ners, first, and this is proper to the reason, as in the ruling and measuring reason, as in the ruling and measuring principle, and in this manner it is in the reason principle, and in this manner it is in the reason alone; second, as in the subject ruled and alone; second, as in the subject ruled and measured, and in this man-ner law is present measured, and in this man-ner law is present wherever it communicates a tendency to wherever it communicates a tendency to something, which tendency can be called something, which tendency can be called derivatively, though not essentially, a ‘law.’derivatively, though not essentially, a ‘law.’ (Q.90,a.1)(Q.90,a.1)

a. The a. The Nature of Law Nature of Law in Generalin General

2. Theory of the Natural 2. Theory of the Natural LawLaw

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“Law is engaged above all with the plan of things for human happiness…every law is shaped to the common good.” (Q.90, a.2)

It is nothing than a reasonable direction It is nothing than a reasonable direction of beings toward the common good, of beings toward the common good, promulgated by the one who is charged promulgated by the one who is charged with the community. (ST,I-II,q.90,a.4,c)with the community. (ST,I-II,q.90,a.4,c)

Natural Natural LawLaw

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b. b. Eternal Eternal LawLaw

As stated above, law is nothing but a As stated above, law is nothing but a dictate of practical reason issued by a dictate of practical reason issued by a sovereign who governs a complete sovereign who governs a complete community. Granted that the world is community. Granted that the world is ruled by divine Providence, . . . [then] it ruled by divine Providence, . . . [then] it is evident that the whole community of is evident that the whole community of the universe is governed by God’s mind. the universe is governed by God’s mind. Therefore the ruling idea of things Therefore the ruling idea of things which exists in God as the effective which exists in God as the effective sovereign of them all has the nature of sovereign of them all has the nature of law. . . . It follows that this law should law. . . . It follows that this law should be called eternal. be called eternal. (Q.91,a.1,c)(Q.91,a.1,c)

Ideas in the divine mind and in the Ideas in the divine mind and in the human mind do not stand in the same human mind do not stand in the same relationship to things. For the human relationship to things. For the human mind is measured by things, in such wise mind is measured by things, in such wise that its concept is not true of itself, but that its concept is not true of itself, but because it agrees with a thing. According because it agrees with a thing. According to what a thing is or is not objectively so to what a thing is or is not objectively so the view we form of it is true or false. the view we form of it is true or false. God’s mind, however, is the measure of God’s mind, however, is the measure of things, for, as we have shown, each has things, for, as we have shown, each has truth to the extent that it reflects the truth to the extent that it reflects the divine mind. Consequently the divine divine mind. Consequently the divine mind is true of itself, and hence the mind is true of itself, and hence the exemplar there is truth itself. exemplar there is truth itself. (Q 93, a.1, (Q 93, a.1, R.3).R.3).

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Eternal Eternal LawLaw

The Eternal Law The Eternal Law is nothing other is nothing other than the than the exemplar of exemplar of divine wisdom divine wisdom directing the directing the motions and motions and acts of acts of everything.everything. (Q.93,a.1)(Q.93,a.1)

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Law is a rule and measure, as we have said, and therefore can exist in two manners, first as in the thing which is the rule and measure, second as in the thing that is ruled and measured, and the closer the second to the first the more regulated and measured it will be. Since all things are regulated and measured by Eternal Law, as we have seen, it is evident that all somehow share in it, in that their tendencies to their own proper acts and ends are from its impression. (Q.91,a.2)

Natural Natural LawLaw

Pre-Note Pre-Note 1:1:

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c. Natural c. Natural LawLaw

A thing may be known in two ways, the first, in itself, the other, in its effects, in which some likeness to it is discovered, as when not seeing the sun itself we nevertheless see daylight. So then it should be said that no one, except God himself and the blessed who see him in his essence, can know the Eternal Law as it is in itself, but that every rational creature can know about it according to some dawning, greater or lesser, of its light. (Q 93, a.2)

Pre-Note Pre-Note 2:2:

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The natural law is The natural law is nothing other than the nothing other than the sharing in the Eternal sharing in the Eternal Law by intelligent Law by intelligent creatures. creatures.

Natural Natural LawLaw

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Precepts of the Precepts of the Natural lawNatural law The precepts of the natural law are to The precepts of the natural law are to human conduct what the first principles of human conduct what the first principles of thought are to demonstration. There are thought are to demonstration. There are several first principles of thought, and so, several first principles of thought, and so, also, several precepts of natural law.also, several precepts of natural law. (Q.94,a.2)

That which first appears is That which first appears is the realthe real, , and some insight into this is included and some insight into this is included in whatsoever is apprehended. This in whatsoever is apprehended. This first indemonstrable principle, ‘There first indemonstrable principle, ‘There is no affirming and denying the same is no affirming and denying the same simultaneously’, is based on the very simultaneously’, is based on the very nature of the real and the non-real: on nature of the real and the non-real: on this principle, as Aristotle notes, all this principle, as Aristotle notes, all other propositions are based.other propositions are based.

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Precepts of the Precepts of the Natural lawNatural law

The The first principlefirst principle for the for the practicalpractical reason is based reason is based on the meaning of good, namely that it is what all on the meaning of good, namely that it is what all things seek after.things seek after. And so this is the first command of And so this is the first command of law, law, ‘that good is to be sought and done, evil to be ‘that good is to be sought and done, evil to be avoided’avoided’. (Q94,a.2). (Q94,a.2)

SynderesiSynderesiss

To apply the analogy: as to be To apply the analogy: as to be realreal first first enters into human apprehending as enters into human apprehending as such, so to be such, so to be goodgood first enters the first enters the practical reason’s apprehending when practical reason’s apprehending when it is bent on doing something. For it is bent on doing something. For every agent acts on account of an end, every agent acts on account of an end, and to be an end carries the meaning of and to be an end carries the meaning of to be good. to be good.

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Primary Precepts of Primary Precepts of the Natural Lawthe Natural Law

Reason, reflecting upon human beings’ natural inclinations, promulgates the order of the primary precepts of natural law which follows the order of natural inclinations:

1. Every substance tends to conserve its existence according to its own kind. Together with all substances, human beings have a natural tendency to preserve their being, and reason reflecting on this tendency as present in human beings promulgates the precept, that life is to be preserved.

2. Human beings have inclinations that is common to all animals. These are inclinations involving propagation of species and bringing up offsprings. Again, reason reflecting on these tendencies, promulgates the precept that the species is to be propagated and children educated.

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3. Human beings have inclinations proper to rational beings. In virtue of the rational nature of human beings, there are those inclinations to know the truth, live in society . . . etc. Again, reason, reflecting on these inclinations of the rational nature, promulgates such precepts as human beings should seek the truth and avoid ignorance, especially about those things knowledge of which is necessary for the right ordering of human lives, and that human beings should live in society with others.According to the natural law, then, everything that is right by nature is right either

– because the universal nature of being is such, or

– because the universal nature of animal is such, or

– because the rational nature is such.

Primary Precepts of the Natural Primary Precepts of the Natural LawLaw

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Secondary Secondary Precepts of the Precepts of the Natural LawNatural LawReason, reflecting further on human Reason, reflecting further on human nature can discover even nature can discover even less general and less general and more particular preceptsmore particular precepts.. T There is a here is a decreasing generality in the preceptsdecreasing generality in the precepts. .

The moral agent's action may begin with The moral agent's action may begin with the more universal precepts. But she the more universal precepts. But she cannot stop there because the more cannot stop there because the more universal the precept is, the less it has to universal the precept is, the less it has to say about what action to pursue. Hence, say about what action to pursue. Hence, the moral agent, in the process of practical the moral agent, in the process of practical reasoning, must move forward beyond the reasoning, must move forward beyond the realm of general rules through a series of realm of general rules through a series of more and more particular judgments, until more and more particular judgments, until eventually reaching the single decision to eventually reaching the single decision to act or not to act.act or not to act.

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Third, there is the judgment to do something Third, there is the judgment to do something because it is good or avoid it because it is evil. because it is good or avoid it because it is evil. This whole process is what we call This whole process is what we call conscienceconscience

We can thus isolate three moments in the whole We can thus isolate three moments in the whole process of applying the natural law: process of applying the natural law:

First, we are disposed to “do good and avoid First, we are disposed to “do good and avoid evil.” This is evil.” This is synderesissynderesis: the disposition by : the disposition by which a human being is in possession of the which a human being is in possession of the fundamental principle of morality.fundamental principle of morality.

Do Good and Do Good and Avoid EvilAvoid Evil

Second, reason discerns the matter at hand and Second, reason discerns the matter at hand and applies the general principles of natural law to applies the general principles of natural law to the concrete situation.the concrete situation.

Primary Primary PreceptsPrecepts

Less General Less General PreceptsPrecepts JudgmentJudgment

SynderesisSynderesis ConscienceConscience

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Further Further ClarificationClarifications:s:

FirstFirst: The term, “natural law” itself is : The term, “natural law” itself is misleading because it implies that ethical misleading because it implies that ethical laws are like "laws of nature" or scientific laws are like "laws of nature" or scientific laws.laws.

SecondSecond: It also misleading to think of it as : It also misleading to think of it as being similar to civil law: they apply equally being similar to civil law: they apply equally to all human beings, regardless of the to all human beings, regardless of the conventions, customs, or beliefs of their conventions, customs, or beliefs of their particular society. particular society.

Therefore, we can say that natural law Therefore, we can say that natural law refers to ethical guidelines or rules that refers to ethical guidelines or rules that stipulate what people ought to do rather stipulate what people ought to do rather than what they in fact do, and that they than what they in fact do, and that they apply equally to all humanity because they apply equally to all humanity because they are rooted in human nature itself. are rooted in human nature itself.

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Further Further ClarificationClarification

s:s:Third: Third: Note the Note the Significant Role of ReasonSignificant Role of Reason: : Through reason, the human being can Through reason, the human being can reflect on his fundamental inclinations of reflect on his fundamental inclinations of his nature (Remember: these are his nature (Remember: these are inclinations to the dev-elopment of his inclinations to the dev-elopment of his potentials and attainment of his good).potentials and attainment of his good).

And then, having reflected on his And then, having reflected on his fundamental inclinations, the human being fundamental inclinations, the human being promulgatespromulgates to himself the natural moral to himself the natural moral law.law.

Thus, by the light of his reason, the Thus, by the light of his reason, the human being can arrive at some human being can arrive at some knowledge of the natural law. And since knowledge of the natural law. And since this law is a participation in or reflection this law is a participation in or reflection of the eternal law – the human being is not of the eternal law – the human being is not left in ignorance of the eternal law which left in ignorance of the eternal law which is the ultimate rule of all conduct.is the ultimate rule of all conduct.

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Further Further Questions:Questions:

(a) But why should we take our "inclinations" seriously?

There are two modes in the determination of judgment:

Way of cognition: I take a certain judgment, let us say, s is p, and I wonder how it is determined. Roughly, it may be determined by antecedent cognitions. Perhaps, the predicate is really contained in the subject (analytic). Or we take a proposition of experience, and we determine the truth of this proposition by antecedent knowledge.

Way of inclination: Many judgments are determined not by way of cognition but by way of inclination. We say "yes" or "no" to all sorts of propositions as a result of inclination. Is this arbitrary thinking? In many cases, cognition is not available and all we have is judgment by way of inclination.

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Further Further Questions:Questions:

Very often though, in the case of natural law, the inclination involved is not purely intellectual. We cannot give a strictly demons-trable justification for our knowledge of the natural law. All we can say perhaps is that the inclination involved is that of the good, honest will, and the expert is the prudent, the wise.

Thus: We can conclude that the natural law is known by reason, but reason sort of divines our inclinations.

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Further Further Questions:Questions:

(b) (b) Is natural moral law one and the same for all Is natural moral law one and the same for all human beings? human beings? Obviously, one and the same for all, in its Obviously, one and the same for all, in its primary and more easily known rules. As for primary and more easily known rules. As for secondary precepts, although more complicated, secondary precepts, although more complicated, they are still rather close in meaning to primary they are still rather close in meaning to primary principles. Hence, they are relatively right for all principles. Hence, they are relatively right for all and are known to all, in most cases. But the more and are known to all, in most cases. But the more particular we get, the more remote are these particular we get, the more remote are these precepts from the primary. These precepts are not precepts from the primary. These precepts are not easily known by all.easily known by all. What this means is that the more particular What this means is that the more particular moral precepts, requiring developed capacities of moral precepts, requiring developed capacities of practical reasoning, may be erroneously or practical reasoning, may be erroneously or inadequately grasped by some people who are led inadequately grasped by some people who are led astray by bad reasoning or corrupt habits.astray by bad reasoning or corrupt habits.

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Further Further QuestionsQuestions::

(c) (c) Can Natural Law be Changed? Can Natural Law be Changed?

It is sometimes claimed that human nature is It is sometimes claimed that human nature is always and everywhere the same, hence always and everywhere the same, hence natural moral laws must be permanent and natural moral laws must be permanent and incapable of change. This claim is too rigorous incapable of change. This claim is too rigorous and simplistic.and simplistic.

On the basis of decreasing universality: the On the basis of decreasing universality: the primary precepts remain immutable. But as we primary precepts remain immutable. But as we move to more particular precepts, these can move to more particular precepts, these can be "changed"--i.e., the circumstances of an act be "changed"--i.e., the circumstances of an act may be such that it no longer falls under the may be such that it no longer falls under the class of actions prohibited by reason.class of actions prohibited by reason.

In its general form then, the precepts remains In its general form then, the precepts remains valid. valid.

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ConclusioConclusion:n:

All other things being equal, we hold that All other things being equal, we hold that it is better to live than to die, that it is better it is better to live than to die, that it is better that mothers should take care of their babies that mothers should take care of their babies rather than dispose of them, that it is better rather than dispose of them, that it is better not to lie than to lie. This is so because of not to lie than to lie. This is so because of what these things are: because a human being what these things are: because a human being is a being, because a mother is a mother, is a being, because a mother is a mother, because human beings are rational agents.because human beings are rational agents. We express these natures rationally, and We express these natures rationally, and thus we have the first component of the thus we have the first component of the definition of law: it is a work of the reason. definition of law: it is a work of the reason. But it is a reason measured by things, which But it is a reason measured by things, which bows before things: that is what we mean bows before things: that is what we mean when we say that things are right by nature.when we say that things are right by nature. Thus, the natural law exists in nature Thus, the natural law exists in nature before it exists in our judgment, and it enjoys before it exists in our judgment, and it enjoys the latter existence – that is what natural law the latter existence – that is what natural law means! – by reason of what the nature of means! – by reason of what the nature of things is.things is.

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Even then, human reason is Even then, human reason is not the ultimate, but only the not the ultimate, but only the proximate or immediate proximate or immediate promulgator of the natural promulgator of the natural moral law. As mentioned moral law. As mentioned before, this law is not before, this law is not without a relation to without a relation to something above itself: it is something above itself: it is related always to the eternal related always to the eternal law.law.

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Lifeboat Lifeboat CaseCase

Suppose you were on a military convoy from the United States to England during World War II. Your ship was attacked and sunk. Your life raft was carrying 24 persons, although it was designed to carry only 20. You had good reason to believe that the raft would sink unless four people were eliminated, and four people on board were so seriously injured in the catastrophe that they were probably going to die anyhow. Because no one volunteered to jump overboard, you, as the ranking officer on the boat, decided to have them pushed overboard. Were you morally justified in doing so?

Moral Moral AbsolutismAbsolutism

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Moral absolutism can refer either to "the belief that some objective standard of moral truth exists independently of us or that certain actions are right or wrong regardless of their consequences."

(i) Basic values cannot be measured or com-pared. They cannot be quantified, hence, they cannot be traded off for another. Basic values are incommensurable.(ii) Consequences cannot be used to determine moral judgments because we must make moral judgments also by evaluating the motives of the person performing the action. The motive of an action is what a person wants to accomplish by performing the action.

Moral absolutismMoral absolutism

Reasons for absolutismReasons for absolutism

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The act may not be evil in itself. It is also more positively articulated as the act itself must be good or at the very least indifferent;

The evil and the good effect must at least equally directly proceed from the act; or else the immediate effect must be good. The bad effect is unavoidable if the good effect is to be achieved;

The intention of the agent must be good, i.e., the bad effect is unintended, not even as a direct means to the good effect;

A proportionately grave reason must be had in order to justify the admission of the indirect, evil effect. In other words, a proportionally serious reason must exist for performing the action. This fourth condition is also known as the “principle of proportionality” or proportionate reason.

Principle of Double EffectPrinciple of Double Effect

It is morally permissible to perform an action that has two effects, one good and the other bad, if the following conditions are present:

Provides the conditions under which an indirectly willed evil may not be imputed to the agent and therefore is allowed.

1122

3344

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Are there certain actions which are Are there certain actions which are always and absolutely evil, always and absolutely evil, independent of any possible independent of any possible justifying intention of the agent? justifying intention of the agent?

Some theologians “see how a specific Some theologians “see how a specific kind of action could be condemned kind of action could be condemned generally, that is, in most cases, generally, that is, in most cases, because the action generally does because the action generally does serious harm and relatively little good. serious harm and relatively little good. . . . But it is the possibility of an . . . But it is the possibility of an absolute condemnation of any physical absolute condemnation of any physical action, a condemnation applying in action, a condemnation applying in advance to all possible cases without advance to all possible cases without exception, that leaves many a exception, that leaves many a contemporary Christian ethicist contemporary Christian ethicist uncomprehending. uncomprehending.

The moral judgment is to be “made not so The moral judgment is to be “made not so much about a human act in itself as a much about a human act in itself as a separate entity, but rather the individual separate entity, but rather the individual human act should be evaluated insofar as human act should be evaluated insofar as it contributes to or destroys the building it contributes to or destroys the building of the (human) society.”of the (human) society.”

C. van der PoelC. van der Poel

Problems and Controversies Problems and Controversies

According to the principle of double effect, an evil effect is only admissible if this effect is not the immediate result of the action, i.e., if the action is not evil in itself (intrinsically evilintrinsically evil).

??

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Problems and Controversies Problems and Controversies

According to the According to the principle, directly principle, directly willed evil effects willed evil effects are never are never permissible, while permissible, while indirectly willed indirectly willed effects at times are. effects at times are. E.g., direct E.g., direct therapeutic therapeutic abortion is never abortion is never permissible, while permissible, while indirect indirect therapeutic therapeutic abortion is. abortion is.

What are the reasons?What are the reasons?

If it were never allowed If it were never allowed to admit indirectly willed to admit indirectly willed evil effects, life would evil effects, life would become unbearable, become unbearable, much good could not be much good could not be done, and it would be done, and it would be unreasonable to act in a unreasonable to act in a contrary manner. contrary manner. ??

Would not these Would not these arguments also hold arguments also hold true for some true for some instances of directly instances of directly willed evil effects? willed evil effects?

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CautionCaution

The warning of Holy Scripture must The warning of Holy Scripture must not be forgotten but must be taken not be forgotten but must be taken most seriously: that we should “not most seriously: that we should “not do evil that good may come” (Rom do evil that good may come” (Rom 3:8). The mere fact that the purpose 3:8). The mere fact that the purpose of an action is good does not already of an action is good does not already justify any kind of means. If the evil justify any kind of means. If the evil caused by the means is greater than caused by the means is greater than the good realized by the purpose of the good realized by the purpose of the action, then it can never be the action, then it can never be allowed.allowed.

Rightly it has been pointed out that Rightly it has been pointed out that common sense takes it for granted common sense takes it for granted that such a distinction exists. If a that such a distinction exists. If a bombing raid on a military object bombing raid on a military object causes the loss of civilian lives as a causes the loss of civilian lives as a side-effect, this is not imputed to the side-effect, this is not imputed to the army men in the same way as if they army men in the same way as if they had killed the civilians directly to had killed the civilians directly to undermine the morale of the enemy. undermine the morale of the enemy.

There is indeed a morally relevant There is indeed a morally relevant difference between directly and difference between directly and indirectly willed evil effects. indirectly willed evil effects. Indirectly willed evil effects are more Indirectly willed evil effects are more readily justified than those directly readily justified than those directly willed. The reason is that directly willed. The reason is that directly willed effects are aimed at with willed effects are aimed at with deliberate purpose and definite deliberate purpose and definite determination, so that they come determination, so that they come about with greater certainty. about with greater certainty.

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CCoonncclluussiioonn

As a rule of thumb, indirectly willed As a rule of thumb, indirectly willed evil effects are more readily allowed evil effects are more readily allowed because they usually come about with because they usually come about with less certainty and are pursued and less certainty and are pursued and aimed at with less determination of aimed at with less determination of the will. the will. Nevertheless the superior purpose of Nevertheless the superior purpose of the ultimate end can also at times the ultimate end can also at times permit directly willed evil effects, permit directly willed evil effects, more readily than those of a material more readily than those of a material nature, but at times also those of a nature, but at times also those of a biological and psychological nature. biological and psychological nature. (An evil effect of a psychological (An evil effect of a psychological nature would be the deception caused nature would be the deception caused by a lie.) by a lie.) But since as a rule they bring about But since as a rule they bring about greater evil than indirectly willed evil greater evil than indirectly willed evil effects and are caused with greater effects and are caused with greater freedom of will, it stands to reason freedom of will, it stands to reason that such instances will be much that such instances will be much rarer.rarer.

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Proportionate Proportionate ReasonReason

The theory seeks to reduce ethical The theory seeks to reduce ethical decisions to a single fundamental decisions to a single fundamental principle of proportion – principle of proportion –

““An action is morally good if the pre-An action is morally good if the pre-moral values that it promotes outweigh moral values that it promotes outweigh the pre moral disvalues it promotes; the pre moral disvalues it promotes; otherwise it is morally evil.” otherwise it is morally evil.”

More simply, "proportionate reason More simply, "proportionate reason discerns whether there is sufficient discerns whether there is sufficient reason to justify the pre-moral evil.reason to justify the pre-moral evil.””

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Proportionate Proportionate ReasonReason

Pre-moral values or disvalues are Pre-moral values or disvalues are physical, psychological, or social values physical, psychological, or social values considered prior to their moral considered prior to their moral evaluation. The notion of pre-moral evil evaluation. The notion of pre-moral evil or good is the result of human finitude, or good is the result of human finitude, i.e., all our human actions contain i.e., all our human actions contain features that either enhance or restrict features that either enhance or restrict our humanity and the potential for our humanity and the potential for human goodness and growth. Because human goodness and growth. Because of these pre-moral/ontic evils, we are not of these pre-moral/ontic evils, we are not able to realize all the values open to us able to realize all the values open to us in any one action without causing or in any one action without causing or tolerating some degree of tolerating some degree of pre-moral/ontic evil.pre-moral/ontic evil.

Pre-moral evil is destructive of Pre-moral evil is destructive of some aspect of who we are, of what some aspect of who we are, of what it means to be truly human. Pre-it means to be truly human. Pre-moral evil makes us less fully moral evil makes us less fully human. But these realities remain human. But these realities remain pre-moral evil until all the pre-moral evil until all the necessary conditions are necessary conditions are considered. (Moral evil is pre-considered. (Moral evil is pre-moral evil which is done without a moral evil which is done without a sufficient reason.) sufficient reason.) (Kenneth Overberg, SJ, (Kenneth Overberg, SJ, Conscience in ConflictConscience in Conflict (Cincinnati, Ohio: St. Anthony (Cincinnati, Ohio: St. Anthony Messenger Press, 1991), 37.Messenger Press, 1991), 37.

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Proportionate ReasonProportionate Reason

What “Proportionality” What “Proportionality” Entails:Entails:

(a) There is an objective difference (a) There is an objective difference between a merely “good” reason and a between a merely “good” reason and a truly proportionate one.truly proportionate one.(b) A proportionate reason is not to be (b) A proportionate reason is not to be identified only with the intention or end identified only with the intention or end of a moral agentof a moral agent..(c) Proportionate reason is not (c) Proportionate reason is not convertible with the notion of “better convertible with the notion of “better results” or “net good.”results” or “net good.”(d) The concept of proportionate reason (d) The concept of proportionate reason is not reducible to a simple numerical is not reducible to a simple numerical calculus.calculus.

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Proportionate ReasonProportionate Reason

In cases where basic goods are in In cases where basic goods are in conflict (e.g., life vs. truth), the conflict (e.g., life vs. truth), the moral moral theory of proportionate reasontheory of proportionate reason uses uses the following criteria:the following criteria:

First criterionFirst criterion: The : The value at stake is at least value at stake is at least equal to that sacrificed. equal to that sacrificed. Negatively, an action is Negatively, an action is disproportionate if a disproportionate if a lesser value is preferred lesser value is preferred to a higher value. This to a higher value. This criterion is sometimes criterion is sometimes called the “principle of called the “principle of best service.”best service.”

Second criterionSecond criterion: There must : There must be an essential link between be an essential link between the evil and good aspect of the the evil and good aspect of the action and if the evil is action and if the evil is necessary since there is no necessary since there is no alternative way of attaining the alternative way of attaining the good that must be obtained. good that must be obtained. Evil in this case is an effect of Evil in this case is an effect of the action and a means to the the action and a means to the good desired. This is also good desired. This is also sometimes referred to as the sometimes referred to as the “principle of last resort” -- we “principle of last resort” -- we have exhausted all possible have exhausted all possible alternatives.alternatives.

Third CriterionThird Criterion: The value being sought will not : The value being sought will not be undermined in the long run by the be undermined in the long run by the contemplated action. Negatively, an action is contemplated action. Negatively, an action is disproportionate if the manner of protecting the disproportionate if the manner of protecting the good will undermine this good in the long run. good will undermine this good in the long run.

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The theory of proportionate reason must be exercised with due caution and tentativeness because by its very nature, it appeals not to the usual way of cognition but to a certain connatural and prediscursive component to moral judgment that cannot be adequately subjected to analytic reflection. There is something that comes to us immediately and in an intuitive prediscursive way, prior to an adequate moral analysis, that springs from a delicate moral sensitivity. Reflective analysis reinforces what one grasps in this intuitive manner.Given this intuitive character of discerning by way of the theory of proportionate reason, it must be engaged in the spirit of discernment, i.e., an inner connaturality with what is good, and inner connaturality with God which springs from fidelity to a fundamental commitment to Him. We are not simply concerned here with a rational (read: logical) analysis of the situation but with a reasoning heart.

Conclusion

Richard A. McCormick. See “A Commentary on Commentaries” in Doing Evil to Achieve Good, ed. Richard A. McCormick and Paul Ramsay, Chicago: Loyola University.