Jurisprudence

Front 1

Name some prominent natural law theorists.

Back 1

Thomas Aquinas, Thomas Hobbes, Martin Luther King, Jr., Henry David Thoreau, John Rawls, John Finnis

Front 2

In a nutshell, what is natural law?

Back 2

The doctrine that humans should be governed by ethical principles that are part of the very nature of things and that can be understood by reason.

The first two paragraphs of the Declaration of Independence give a good flavor of natural law theory.

Front 3

Thomas Aquinas described four different kinds of law. Briefly state what they were and describe their interaction with one another.

Back 3

The four kinds of law are -eternal, natural, human, and divine.

Eternal law is the decree of God that governs all creation. As humans, we are unable to access eternal law directly. However, natural law is a manifestation of eternal law in God's creations, which may be discovered by reason.

The first precept of natural law is that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this.

Human law is positive law: the natural law applied by governments to societies.

Divine law is the specially revealed law in the scriptures.

Front 4

According to Aquinas, how does one know the difference between good and evil?

Back 4

All people are born with an innate sense of right and wrong, even though the manifestation of that knowledge can be clouded by strong emotion or contact with evil.

Front 5

According to Aquinas, what should the goal of the law be?

Back 5

To direct people towards good; to encourage them to make right decisions.

Front 6

Sum up Hobbes' explanation of Natural Law.

Back 6

Hobbes argues that the state of nature is a miserable state of war in which none of our important human ends are reliably realizable. Happily, however, human nature also provides a resource to escape this miserable condition - the ability to reason. We can see that a war against against all others is detrimental our interests, and so we can agree that “peace is good." Humans will recognize as imperatives the injunction to seek peace, and to do those things necessary to secure it. Hobbes calls these practical imperatives “Lawes of Nature”, the sum of which is not to treat others in ways we would not have them treat us. These “precepts”, “conclusions” or “theorems” of reason are “eternal and immutable”, always commanding our assent even when they may not safely be acted upon. They forbid many familiar vices such as iniquity, cruelty, and ingratitude. They tell us to seek peace with willing others by laying down part of our “right to all things”, by mutually covenanting to submit to the authority of a sovereign, and further direct us to keep that covenant establishing sovereignty.

Front 7

Briefly explain Martin Luther King, Jr.'s "duty to disobey."

Back 7

Not every law made by humans is a valid law. Laws are just if they uplift human personality, and unjust if they degrade that personality. This is the basis for following some orders while disobeying others.

"Injustice anywhere is a threat to justice everywhere." If we choose to obey or stand silent where there are unjust laws, we may be endangering ourselves.

Front 8

Briefly describe Thoreau's "duty to disobey."

Back 8

Following one's own conscience is more important than following one's government. When the two collide, our conscience demands that we do not participate in unjust behavior.

Front 9

According to John Rawls, what is "just" and what is not?

Back 9

An act is unjust if people in the original position would not agree to its commission.

There are "principles that free and rational persons concerned to further their own interests would accept in an initial position of equality." If a person would not accept the principle, it is unfair and therefore unjust.