Natural Law

Front 1

What is Natural Law?

Back 1

The theory that all humans can differentiate between good and evil.

A body of unchangeable natural principles.

Front 2

What does natural law reject?

Back 2

The idea that law and morals should exist separately.

Front 3

One of the best ways to describe natural law would be?

Back 3

It provides a name for the point of intersection between the law and morality.

Front 4

What do theories of Natural law attempt to resolve?

Back 4

The question of what is and ought to be.

Front 5

To certain natural theorists, where did law come from?

Back 5

God

Front 6

Natural law is based on the idea that God wants us to what?

Back 6

Want good things.

Front 7

The law should be both what?

Back 7

Both just and fair

Front 8

Law is made up of ?

Back 8

Moral objective principles rooted in the nature of the universe.

Front 9

As human beings, there are…

Back 9

moral principles innate to humanity which are probable by reason.

Front 10

Case for the death penalty?

Back 10

Pratt & Morgan.

Facts- Both were on death row for a really long time and it was considered cruel.

Precedent coming out of the case was that if a person is on death row for 5 or more years then it would be unjust. They then limited the amount of time a person can be on death row.

Front 11

Would natural law thinkers support hanging?

Back 11

No, because it would go against human nature and moral code.

Front 12

What does the International Covenant on civil and political rights say about the death penalty?

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They did not abolish it per se, but they called for countries who carry out the death penalty to limit it and only do it for serious matters.

Front 13

People possess and inherent morality that has the power to….

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Limit the power of the state: government, monarch, or legislature.

Front 14

If man- made laws are morally binding then they must what?

Back 14

Coincide with the people believe is right and just.

Front 15

The presence of law does not mean the presence of?

Back 15

Justice.

Front 16

When government creates laws that goes against what people perceive to be good or bad, people will….?

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Disobey the law because it is viewed as unjust. Rooted in the fact that it violates natural law.

Front 17

1 major contribution of Natural Law.

Back 17

Free societies and pushes the agenda of modern westwern societies. (Individualism, constitutionalism, rule of law)

Front 18

Under natural law, the execution of the death penalty is considered?

Back 18

contrary to objective moral principles and the sanctity of life.

Front 19

3 ways laws were used for evil in the past.

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1) Slavery

2) Dictatorships

3) Nuremberg Laws

Front 20

If there are no moral principles within the law then-

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There is no law.

Front 21

“The law is discoverable by reason and there is no law without moral principles.”

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Aquinas

Front 22

The historical development of Natural law theories

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1) Classical

2) Middle ages

3)Renaissance

4) Modern

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Philosophers associated with the classical period?

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1) Aristotle

2) Socrates

3 Plato

Front 24

Plato believes that

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Transcendal values speak on the morality and the law.

Justice is a universal value that transcends local custom.

Only laws that follow the ideals of justice can be considered right.

Front 25

Just war

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St. Augustine and Thomas Aquinas

Front 26

Where did natural law originate?

Back 26

With the ancient Greeks.

Aristotle

Front 27

It was then further developed in the middle ages by?

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St. Thomas Aquinas

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Are natural laws absolute or relative?

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Absolute (Plato)

Front 29

Natural law is rooted in what?

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Our human nature and search for genuine happiness.

Front 30

“Everything has a purpose and supreme goods fulfill that purpose.”

Who said it?

Back 30

-Aristotle

Front 31

The 3 underpinnings of natural law are:

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1) Humans have an essential rational nature that was granted by God.

2) Even without knowing God, reason can discover laws for flourishing.

3) Natural laws are universal and unchangeable.

Front 32

What was Aquinas’ ultimate goal for humans according to what God wanted?

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The development of humans in the image of God to ward perfection.

Front 33

The three reflections of natural law:

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1) Lex aeterna- God makes and controls the universe.

2) Lex divina- The bible whoch refelects eternal law

3) Lex Natural- Moral law God integrated into human nature

Front 34

What is our fundamental inclination as humans according to Aquinas?

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To act in such a way to achieve good and avoid evil.

Front 35

The 5 primary precepts discoverable by reason:

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1) Preservation of life

2) Reproduction

3) Educate the young

4) Live in society

5) Worship God

Front 36

This philosopher’s theory is based on the natural right to self preservation of person and property.

Back 36

Hobbes

Front 37

The Stoics 3 elements of natural law:

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1) Universality and immutability

2) stands as higher law

3) Discoverable by reason

Front 38

This period in time marked a steep decline in the study of the greeks and romans, and more emphasis was placed on religion.

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The middle ages.

(Augustine and Aquinas)

Front 39

A downfall of the Divine Revelation theory was that?

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Those who did not believe in God may have rejected the theory.

Front 40

“ The law can exist even if there is no God.”

Who said this?

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-Grotius

Front 41

State a noticeable difference between Aquinas and Aristotle-

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Aquinas- A theological approach:

What is revealed from God.

With an awareness of the ‘from below’ theory of Aristotle

Aristotle- A Philosophical approach

Thinking about what can be observed/ experienced. Common human values.

Front 42

This period sparked the revival of re- studying as scholars the Greeks and Romans.

Back 42

Renaissance period

Front 43

Who spoke on the theory of social contract?

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Rousseau, Hobbes & Locke

Front 44

“Self preservation is the greatest lesson of natural law.”

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-Hobbes

Front 45

What propelled the emergence of Modern Natural Law?

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• Emergence of scientific knowledge (Empirical data)

• Natural law being used by different people for different ends (Alf Ross- “Like a harlot, natural law was at the disposal of all”

• Emergence of positivists

Front 46

Finnis’ 7 basic goods:

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life

knowledge

friendship

play

aesthetic experience

practical reasonableness

and religion.

Front 47

The 9 requirements of practical reason are:

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• view life as a whole

• prioritize certain goods over others

• basic goods apply equally to all

• do not become obsessed with a certain project

• use effort to improve

• plan your action

• never harm a basic good

• foster common good in the community

• act on your own conscience

Front 48

Does Finnis agree with Aquinas?

Back 48

No, Finnis starts by rejecting Aquinas’ 5 primary precepts because he rejects Aquinas’ axioms.

•Natural law is based on God

•God created Humanity’s purpose

Front 49

Who reformulates the basic goods of Aquinas to make them more adaptable to modern life?

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Finnis

Front 50

Did not subscribe to a system of absolute values- who is it?

Back 50

Fuller

Front 51

Name 2 contemporary natural law thinkers.

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Locke and Hobbes.

Front 52

“Life is poor, nasty, brutish and short if we do not submit to Governmental control.”

Who said it?

Back 52

-Thomas Hobbes

Front 53

Two persons associated with the decline of natural law?

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1) David Hume

2) Immanuel Kant

Front 54

The Hart/ Fuller debate following WW2 was based on?

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The link between morality and law. Is and ought to be.

Front 55

The Hart/ Devlin debated followed what?

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Decriminalization of homosexuality

Case: Jones v AG

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Attempted to secularize the law and disassociate Natural Law from God.

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Lon Fuller

Front 57

What was Fuller’s theory on Natural Law?

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Concerned with the law’s excellence.

“Law is the enterprise of subjecting human conduct to the governance of rules”

-Law has implied moral goals

Front 58

What are the 8 inner moralities of law as described by Lon Fuller?

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•General • Promulgated •Prospective •Understandable • Non-Contradictory • Easy to obey • Consistent • congruence

Front 59

“Natural law ideas are found in human nature. Laws should help facilitate social life.”

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-Aristotle

Front 60

Finnis Ethical Theory of Natural Law

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-7 evident basic goods of life

-Practical reasonableness

- Unjust laws lose morality

Front 61

What is Fuller’s type of law?

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Strong, procedural Natural Law

Front 62

What were fuller’s case examples used in the Hart/ Fuller debate to speak on morality and law?

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1) Nazi secret order to kill disabled = not promulgated; so not law.

2) Informer case: wife denounced husband

Hart would say that it was law and therefore justified.

Fuller says that it was not as it diverted from inner morality of law too much.

Front 63

One commentary of Hart on Finnis was that?

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“self evidence” of basic goods is illiberal.

Front 64

What are some downfalls of Fuller’s argument?

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Lacked practicality with regard to practice apartheid law contained desiderata.

Also tells us what excellent law is but not the point of it.

Front 65

Words used to describe Finnis’ type of theory

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Weak, substantive Natural Law

Front 66

Words used to describe Finnis’ type of theory

Back 66

Weak, substantive Natural Law

Front 67

What does Finnis and Grotius have in common?

Back 67

Proposed secularizing Natural Law

Front 68

Words used to describe Finnis’ type of theory

Back 68

Weak, substantive Natural Law

Front 69

What does Finnis and Grotius have in common?

Back 69

Proposed secularizing Natural Law

Front 70

What was one of Raz’ critiques on Fuller?

Back 70

Just technical, could use technique for excellent knife, does not mean that it would be used for a bad purpose.

Front 71

Words used to describe Finnis’ type of theory

Back 71

Weak, substantive Natural Law

Front 72

What does Finnis and Grotius have in common?

Back 72

Proposed secularizing Natural Law

Front 73

What was one of Raz’ critiques on Fuller?

Back 73

Just technical, could use technique for excellent knife, does not mean that it would be used for a bad purpose.

Front 74

What did Finnis have to say about Fuller’s take on Natural law?

Back 74

Too minimalistic, descriptive sociology; however didn’t say why.

Front 75

Words used to describe Finnis’ type of theory

Back 75

Weak, substantive Natural Law

Front 76

What does Finnis and Grotius have in common?

Back 76

Proposed secularizing Natural Law

Front 77

What was one of Raz’ critiques on Fuller?

Back 77

Just technical, could use technique for excellent knife, does not mean that it would be used for a bad purpose.

Front 78

What did Finnis have to say about Fuller’s take on Natural law?

Back 78

Too minimalistic, descriptive sociology; however didn’t say why.

Front 79

What does the Radbruch formula surround?

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- Judges apply law until so grossly unjust that it violates fundamental human rights

- it is for the moral good

Front 80

Words used to describe Finnis’ type of theory

Back 80

Weak, substantive Natural Law

Front 81

What does Finnis and Grotius have in common?

Back 81

Proposed secularizing Natural Law

Front 82

What was one of Raz’ critiques on Fuller?

Back 82

Just technical, could use technique for excellent knife, does not mean that it would be used for a bad purpose.

Front 83

What did Finnis have to say about Fuller’s take on Natural law?

Back 83

Too minimalistic, descriptive sociology; however didn’t say why.

Front 84

What does the Radbruch formula surround?

Back 84

- Judges apply law until so grossly unjust that it violates fundamental human rights

- it is for the moral good

Front 85

What methodology does Finnis use?

Back 85

- Can’t just be empirical observation; must take insider’s view

- true insider is one who’s law existence is a moral matter

- ‘unjust law is not law’ is too contradictory

Front 86

“Unjust laws do not bind morally”

Back 86

- Aquinas

Front 87

What was Aristotle’s interpretation of Morality?

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The essence of goodness is its telos(our purpose or end). Everything was created in order for it to fulfill its telos/end/ purpose.

Front 88

Why would Aquinas be said to have an essentialist (existentialist) understanding of Natural Law?

Back 88

He believed that the purpose of human beings were in the mind of God before creation.

God’s ideal plan for humans pre-dated the universe.

Front 89

Why would Aquinas be said to have an essentialist (existentialist) understanding of Natural Law?

Back 89

He believed that the purpose of human beings were in the mind of God before creation.

God’s ideal plan for humans pre-dated the universe.

Front 90

“Natural law is a prelapsarian state and since the fall of humans, through their own reason, should seek salvation through divine law.”

Who said it?

Back 90

St. Augustine

Front 91

Why would Aquinas be said to have an essentialist (existentialist) understanding of Natural Law?

Back 91

He believed that the purpose of human beings were in the mind of God before creation.

God’s ideal plan for humans pre-dated the universe.

Front 92

“Natural law is a prelapsarian state and since the fall of humans, through their own reason, should seek salvation through divine law.”

Who said it?

Back 92

St. Augustine

Front 93

Who’s understanding of Natural Law was Christianized by Aquinas?

Back 93

Aristotle

1) Hierarchy of laws (eternal, divine, natural, human)

2)Presupposition that God created the universe Nihilo.

3) Evil is the privation of Good, a falling short

Front 94

Why would Aquinas be said to have an essentialist (existentialist) understanding of Natural Law?

Back 94

He believed that the purpose of human beings were in the mind of God before creation.

God’s ideal plan for humans pre-dated the universe.

Front 95

“Natural law is a prelapsarian state and since the fall of humans, through their own reason, should seek salvation through divine law.”

Who said it?

Back 95

St. Augustine

Front 96

Who’s understanding of Natural Law was Christianized by Aquinas?

Back 96

Aristotle

1) Hierarchy of laws (eternal, divine, natural, human)

2)Presupposition that God created the universe Nihilo.

3) Evil is the privation of Good, a falling short

Front 97

What did Aquinas think of human law?

Back 97

Human law must agree with Natural law, otherwise it is not law at all.

Front 98

5 criticisms of Natural Law

Back 98

1) Global problems blamed on NL- (AIDS, overpopulation, malnutrition, poverty)

2) Dependent on a divine creator (Aquinas), and therefore restricts freedom. (obligation)

3) Secular incompatibility: right to die is just as important as right to live

4) Gender and Sexual ethics seem incompatible

5) It does not answer questions of moral relativism and particularity

Front 99

Martin Luther king on Natural law:

Back 99

Understood the profound danger in the natural law theory, and so was careful not to encourage violence.

Made the distinction: “There are two kinds of laws, just and unjust. One not only has a legal but a moral responsibility to obey just laws, but conversely, one has a moral responsibility to dispbey unjust laws.”

Front 100

MLK jr’s stance on Natural Law

Back 100

17 letter from Birmingham Jail-

He proclaimed that his appeal to Natural Law philosophy as-

“A just law is a man- made code that squares with the moral law or the law of God”

Front 101

Differentiate between Natural law and positive law.

Back 101

Natural law is the belied that our civil laws should be based on morality, ethics and what is inherently correct.

Whereas

Positive law or man- made law, which is defined by statute and common law only focuses on what is and not what is morally correct.

Front 102

How did Natural Law influence the Constitution?

Back 102

It is the foundation upon which the spirit of the Constitution is built.

Many of the ideas and the terms used in the Constitution cannot be truly understood without a deep understanding of the natural law the founders held.

Front 103

Who speaks about a perfect state and that justice must go together with law?

Back 103

Plato

Front 104

Law is founded by human nature: Internal ideals rather than external. Within the individual.

Who thinks this?

Back 104

Aristotle

Front 105

Found war destructive and was a staunch opponent of it

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Grotius

Front 106

“Government rests on a social contract. People surrendering liberty for security.”

Back 106

Locke

Front 107

Locke’s idea of government was the idea of?

Back 107

trust

Front 108

Who spoke about removing government and oppressive laws for people to become happy?

Back 108

Thomas Jefferson

Front 109

What are the two factors that caused the Natural Law theory to decline?

Back 109

1) Rise of positivism

2) Non- cognitivism

Front 110

Argued that there is no need for society to have a shared morality. It is subjective and one person’s moral ground should not be applicable to all.

Back 110

Hart