THOMAS AQUINAS’-NATURAL LAW THEORY

St.Thomas Aquinas (1225-1274) - a profound Italian philosopher and theologian .

Natural law theory is sometimes referred to as:

a. Thomistic ethics- after St. Thomas Aquinas

b. scholastic ethics- group of scholars known as Scholastics or Schoolmen headed by Aquinas

c. Christian ethics/Roman catholic ethics

d. Natural law ethics- claims there is natural moral law.

According to this law “rightness of actions is self-evident and is not determined by nature, not by customs and
human preferences. Use of the highest right reason and rationality guides human being to their goals and their
ends.”

In Aquinas’ view the source of moral law is reason itself; Reason recognizes the basic principle “Do good, and
avoid evil”. He uses the term synderesis to describe this inherent capacity of every individual, lettered or unlettered
to distinguish the good from the bad.

Voice of right reason or voice of conscience: “The good must be done and evil, avoided”

As moral norm in so far as one’s capacity to determine what is right from what is wrong (synderesis) is no less than
the manifestation of the moral law. The moral law is the dictate of the voice of reason; and this dictate is expressed
in the moral principle.

We know we are doing right if we heed the voice of reason; we know we are acting wrongly if we act against it. It
is also known as the voice of conscience.

The voice of conscience serves as the natural guide in making moral decisions; otherwise one will feel sense of
guilt, self-reproach, or remorse. “We cannot run away from our conscience”

Man’s threefold natural inclination:

1. Self preservation

2. Just dealing with others

3. Propagation of our species

First, this natural inclination urges us to care for our health, not to kill ourselves or put ourselves indanger. Thus
any act that violates this basic inclination is wrong; it contradicts human nature as the Creator intended it to be.
Suicide, self-immolation, and putting oneself in unnecessary jeopardy are by nature evil; whereas any act that
promotes health, vigor, vitality is by nature good.

Secondly, reason by nature leads us to treat others with the same dignity and respect that we accord
ourselves. Any act of injustice: subjecting others to indignities, degradations and inhumanities is against human
nature.
Thirdly, we are naturally inclined to perpetuate our species which is viewed as a natural good.

The reproductive organs are by their very nature designed to reproduce and to perpetuate the human species. Any
act of intervention, therefore, that will frustrate and stifle the very purpose for which the human
reproductive organs have by nature been designed is unnatural, and hence is evil. In line with this, any form
of contraceptive would defeat the very purpose of reproduction. It would destroy the reproductive organ’s
reason for being, and hence its use is against the natural moral law.

In St Thomas’ perception, the natural moral law is founded in human nature (that is, man’s being rational and free),
which is regarded as unchangeable; Hence natural law itself is unchangeable Human nature is likewise seen as the
same for all people, at all times, and in all places, insofar as every individual is endowed with reason and freedom.

The natural law therefore is universal- that is it is accessible to all. With Natural moral law, its ultimate source is
divine wisdom and God’s eternal law.

Put differently, natural law is the divine law expressed in human nature.

Three determinants of Moral action

1. The object

2. The circumstances

3. The end of the agent

A defect in any of these three determinants will make the act morally wrong.

The object - That which the will intends directly and primarily is the object of the moral act; it may be a thing or an
action such as surgical operation)

The circumstances-

These are conditions which when separated to the nature of the moral act, will affect its morality." will affect its
morality" means that a given circumstances or a set of circumstances will either mitigate or aggravate the goodness
or badness of a particular act.

Who? This circumstance has something to do with the special quality, prestige, rank, or excellence of the person
involved in the moral act. It is morally bad to rape a woman but even worse to rape one’s own daughter.

What? This circumstance refers to the quantity or quality of the moral object. The very act of surgical operation on
a sick person who needs it is good in itself but to perform the act as excellently as a skilled surgeon is capable of
heightens the goodness of the said action.

Where: the place where the act occurs. Rendering medical assistance in ER as compared to taking the wounded
victim to his clinic or to a nearby hospital ( “good Samaritan”)

By what means- refers to the means used in carrying out the act. To take advantage of one’s weakness is bad
enough; but to deceive and seduce someone in order to take advantage of that person makes matters much worse.

Why? The end or purpose is considered as a circumstance affecting the goodness or badness of the action. Bad act
carried out for a bad purpose makes the act worse.

How- Indicates the manner in which the action is done.

When- time element involved in the performance of an action Crime committed in church while the mass is being
said or when there is no mass. The end or purpose of the doer or agent. Marrying is a good act but to do it for
ulterior motive like getting big share in her inheritance is a bad act.

The Double Effect principle

The principle applies to a situation in which a good effect and an evil effect will result from good cause. e.g.
pregnant woman with cancer of the uterus undergoes surgery to save her life but kills her baby

Principles for the Resolution of this conflict:

1. The action intended must be good in itself or at least morally indifferent

2. The good effect must follow from the action at least as immediately as the evil effect.

3. The foreseen evil effect may not be intended or approved, but merely permitted to occur.

The killing of unborn child must not be directly intended but must be considered only as indirectly intended and as
the secondary effect of the operation.

4. There must be proportionate and sufficient reason for allowing the evil effect to occur while performing the
action.

The principle of totality

An individual has the right to cut off, mutilate, or remove any defective or worn-out nonfunctioning part of his body
To dispose of his organs or to destroy their capacity to function “only insofar as the general well-being of the whole
body requires it.

Under natural law ethics, we have a natural obligation not only to preserve our lives but also to preserve the
integrity of our bodies.

Diseased organ maybe amputated but healthy organs, however, may not be cut off, as this would weaken a person’s
health.

Principle of Stewardship

Take good care of ourselves, maintain sound mind and body and safeguard our dignity.

Principle of Inviolability of life

Only God has complete control and dominion over life; take care of it until God takes it back

Principle of sexuality and procreation. Twofold purposes of sexual union

1. The procreation and nurturing of children

2. The expression of loving union and companionship

Both must be achieved only within the conjugal bond.

On Catholic ethical principles, contraceptives are anti- natural; they allegedly subvert an end intended by nature.
Thus preventing by positive means an end intended by nature is immoral.
Contraceptives allegedly prevent the natural end of the productive organs, and hence are immoral.

In the medical context:

1. The principle of double effect and totality are relevant to the moral issue of medical experimentation. The
experiment is morally justifiable provided informed consent is observed

2. Ordinary measures to be taken in the preservation of human life3. Extraordinary measures are to be avoided
whenever possible.

In light of stewardship and inviolability of life Euthanasia in all its forms and suicide is considered immoral-
violation of God’s dominion On natural law ethical principles: it is morally wrong to:

1. Allow babies with deformities to die

2. Hasten the death of a person as direct and primary intention
3. Perform at that terminates lives of incurable

The principle of sexuality and procreation considers abortion and the use of contraception to be morally wrong.
Considers conceptus (fetus) to be a person with all rights of a person; hence, abortion at any stage of pregnancy is
morally wrong.

Difficulties:

1. Nature does nothing in vain - everything has a goal or purpose

2. On human nature and conscience theory-

Conscience is nothing but the by-product of one’s upbringing and development, so that it differs and varies from one
individual to another insofar as individuals live in different situations. As such, conscience or human nature is not a
reliable norm of morality, even as it implies subjective considerations depending upon one’s own perceptions of
reality…natural law ethics is virtually an ethical relativism in disguise.