BA (HONS) PHILOSOPHY

PHILOSOPHY OF LAW
NAME – Priyal Dewan
ROLL NO.: 2021/661

QUESTION – Write about Natural Law Theory and its two variations of
Traditional Natural Law Theory of Aquinas and Dworkins Law as Integrity.

ANSWER –
INTRODUCTION
Natural law theory is a philosophical doctrine that holds that there are certain moral principles that
are inherent in human nature and discoverable through reason. These principles are not created by
human laws or customs, but by nature itself. Natural law theory has been influential in the
development of Western thought, and it continues to be debated today.

AQUINAS
Thomas Aquinas (c. 1225 – 7 March 1274) was an Italian Dominican friar and priest, an influential
philosopher and theologian, and a jurist in the tradition of scholasticism. He was one of the most
important figures in the history of the Catholic Church and of medieval philosophy, and his works
continue to be studied by philosophers and theologians today.

Aquinas was born in Roccasecca, Italy, in about 1225. He studied at the University of Naples and the
University of Paris, where he was a student of Albert the Great. After receiving his doctorate in
theology in 1256, Aquinas began teaching at the University of Paris. He also held teaching positions
at the universities of Rome and Orvieto.

Aquinas's most famous work is the Summa Theologica, a massive theological treatise that he began
writing in 1265. The Summa Theologica is considered to be one of the most important works of
Christian theology ever written. Aquinas also wrote extensively on philosophy, law, and government.
Aquinas's philosophy is based on the principle that there is one truth, which can be known through
both faith and reason. He believed that faith and reason are not in conflict, but rather that they
complement each other. Aquinas's philosophy was highly influential in the development of Western
thought, and it continues to be studied and debated today.

Aquinas was canonized by Pope Benedict XIII in 1323, and he was declared a Doctor of the Church by
Pope Pius V in 1567. Aquinas is the patron saint of philosophers, theologians, and students.

Here are some of Aquinas's most important contributions to philosophy and theology:

Aquinas's theory of natural law: Aquinas argued that there is a natural law, which is a set of moral
principles that are discoverable through reason. Natural law is based on the idea that all human
beings are rational creatures who share a common nature.

Aquinas's theory of the separation of powers: Aquinas argued that political power should be divided
among different branches of government. This division of power helps to prevent any one branch of
government from becoming too powerful.

Aquinas's theory of just war: Aquinas argued that war can be justified in certain circumstances, such
as when it is necessary to defend oneself against aggression or to protect the innocent. However,
Aquinas also argued that war should always be a last resort.

Aquinas's works continue to be studied and debated by philosophers and theologians today. His
philosophy is a rich and complex body of thought that has had a profound impact on Western
thought.

Here are some of Aquinas's most famous quotes:

"Grace perfects nature but does not destroy it."

"It is better to know something about many things than to know everything about one thing."

"Love is the first principle of all action."

"Man is a rational animal."

"The human person is the most perfect of all creatures."

Aquinas was a brilliant and influential thinker who left a lasting mark on the world. His works
continue to be studied and debated today, and they continue to inspire people to seek truth, beauty,
and goodness.

DWORKINS
Ronald Myles Dworkin (September 13, 1931 – February 14, 2013) was an American philosopher and
law professor. He was the author of several influential books and articles on law, morality, and
politics, and he was considered one of the most important legal thinkers of the late 20th century.

Ronald Dworkin, American philosopher, law professor, and authorOpens in a new window

en.wikipedia.org

Ronald Dworkin, American philosopher, law professor, and author

Dworkin was born in Worcester, Massachusetts, and grew up in Cincinnati, Ohio. He attended
Harvard College, where he studied history and philosophy, and then Harvard Law School. After
graduating from law school, Dworkin clerked for Judge Learned Hand on the U.S. Court of Appeals
for the Second Circuit. He then taught at the University of Oxford and the University of Chicago Law
School before returning to Harvard Law School in 1969.

Dworkin's most famous work is Taking Rights Seriously (1977), in which he argued that law is not
simply a set of rules to be applied mechanically, but is instead a complex system of principles and
values that judges must interpret in light of their overall moral purpose. Dworkin also wrote
extensively on the philosophy of law, morality, and politics. His other notable works include A Matter
of Principle (1985), Law as Integrity (1986), Life's Dominion (1993), Freedom's Law (1996), and
Sovereign Virtue (2000).

Dworkin was a controversial figure throughout his career. His critics argued that his theories were
too complex and idealistic, and that they would lead to judicial activism and an erosion of
democratic legitimacy. However, Dworkin's supporters argued that his theories were necessary to
account for the complexity of law and morality, and that they could help to ensure that law is fair
and just.

Dworkin died in London in 2013 at the age of 81. He was a brilliant and influential thinker who left a
lasting mark on the world of law and philosophy.
Here are some of Dworkin's most famous quotes:

"Law is not just a product of legislation. It is also a product of interpretation."

"The law is always a work in progress. It is never perfect, but it can always be improved."

"The goal of law is not to make people happy. It is to make them free."

"The only way to ensure that the law is fair is to make sure that it is interpreted in light of our moral
values."

"Law is not just about rules. It is also about principles."

Dworkin was a complex and nuanced thinker, and his ideas continue to be debated today. However,
there is no doubt that he was one of the most important legal and philosophical thinkers of our time.

Origins of Natural Law Theory

The roots of natural law theory can be traced back to ancient Greece. Socrates, Plato, and Aristotle
all believed that there were universal moral principles that applied to all people, regardless of their
culture or customs. These principles were based on the idea of human reason, which they believed
was a divine gift.

In the Middle Ages, natural law theory was further developed by Christian theologians such as
Augustine of Hippo and Thomas Aquinas. Aquinas argued that natural law was derived from God's
eternal law, and that it was therefore binding on all people. He also argued that natural law could be
known through the use of reason.

Natural Law Theory in the Modern World

Natural law theory continued to be influential in the early modern period, but it began to be
challenged in the 17th and 18th centuries by philosophers such as Thomas Hobbes and John Locke.
Hobbes argued that there were no universal moral principles, and that morality was simply a matter
of power. Locke argued that humans were born with certain natural rights, such as the right to life,
liberty, and property.

Delving into the Depths of Natural Law Theory: A Comprehensive Exploration

Natural law theory, a cornerstone of philosophical discourse, posits the existence of universal moral
principles inherent in human nature, discoverable through reason. These principles, transcending
human-made laws and customs, form a bedrock foundation for ethical conduct and social order.

Ancient Roots and Enduring Influence

The seeds of natural law theory were sown in ancient Greece, where Socrates, Plato, and Aristotle
grappled with the nature of morality and justice. Socrates, renowned for his pursuit of truth,
believed that there were universal moral standards, albeit obscured by human ignorance. Plato, in
his dialogue "Phaedo," introduced the concept of the "Form of the Good," an eternal and
unchanging ideal that served as the ultimate source of morality. Aristotle, in his "Nicomachean
Ethics," emphasized the importance of reason as a guide to virtuous living.

The Medieval Flourishing of Natural Law

During the Middle Ages, natural law theory found fertile ground in the writings of Christian
theologians. Augustine of Hippo, in his work "City of God," contrasted the earthly city, governed by
human laws, with the heavenly city, guided by divine law. Thomas Aquinas, in his monumental
"Summa Theologica," synthesized natural law with Christian theology, establishing a framework that
profoundly influenced Western thought.

Natural Law in the Modern Era: Challenges and Transformations

The advent of modernity brought new perspectives to natural law theory. Thomas Hobbes, in his
work "Leviathan," challenged the notion of inherent moral principles, arguing that morality arose
from the social contract, a pact among individuals to surrender their freedom to a sovereign in
exchange for security. John Locke, in his "Two Treatises of Government," asserted that individuals
possess natural rights, such as the right to life, liberty, and property, which could not be infringed
upon by government.

Natural Law as a Catalyst for Social Change

Despite these challenges, natural law theory remained a potent force for social transformation. It
provided a moral compass for the American and French Revolutions, inspiring the fight for liberty
and self-governance. The abolitionist movement drew upon natural law arguments to challenge the
moral legitimacy of slavery.

Criticisms and Considerations

Natural law theory has not been without its critics. Some argue that its principles are too vague and
open to interpretation, lacking the precision required for practical application. Others question the
assumption that universal moral principles can be discerned through reason, pointing to the
diversity of moral beliefs across cultures and time periods.

Contemporary Relevance and Ongoing Debates

Despite these criticisms, natural law theory continues to hold relevance in contemporary debates. It
is invoked in discussions surrounding capital punishment, environmental protection, human rights,
and reproductive rights. The theory provides a framework for evaluating the morality of laws and
policies, fostering critical engagement with societal norms.

Despite these challenges, natural law theory has continued to have a significant impact on Western
thought. It has been used to justify the American Revolution, the French Revolution, and the
abolition of slavery. It is also a foundation of modern international law.

Key Tenets of Natural Law Theory

There are several key tenets of natural law theory. These include:

Natural law is universal. Natural law applies to all people, regardless of their culture or customs.

Natural law is immutable. Natural law does not change over time.

Natural law is discoverable through reason. Humans can use their reason to understand natural law.

Natural law is binding on all people. All people are obligated to follow natural law.

Criticisms of Natural Law Theory

There have been several criticisms of natural law theory. These include:
Natural law is too vague. The principles of natural law are often vague and open to interpretation.

Natural law is based on unproven assumptions. Natural law theory is based on the assumption that
there are universal moral principles and that these principles can be discovered through reason.
These assumptions have been challenged by some philosophers.

Natural law has been used to justify injustice. Natural law theory has been used to justify slavery,
colonialism, and other forms of oppression.

Despite these criticisms, natural law theory remains an influential philosophical doctrine. It provides
a framework for understanding morality and law, and it has been used to justify many important
social reforms.

Natural Law Theory and Contemporary Issues

Natural law theory continues to be relevant to contemporary issues. For example, it has been used
to argue for the following:

The abolition of the death penalty

The protection of the environment

The rights of refugees and immigrants

The right to abortion

Natural law theory is a complex and controversial doctrine, but it continues to be an important part
of Western thought. It provides a framework for understanding morality and law, and it has been
used to justify many important social reforms.

In addition to the above, here are some additional points about natural law theory:

Natural law theory is often contrasted with legal positivism, which is the view that law is simply a
matter of human convention.

Natural law theory has been used to support both conservative and progressive causes.

Natural law theory is a living doctrine that continues to evolve and develop.

Delving into the Depths of Natural Law Theory: Two Variations of

Aquinas' Thought
Thomas Aquinas' Natural Law Theory: A Comprehensive Exploration

Thomas Aquinas, a prominent medieval theologian and philosopher, developed a comprehensive

natural law theory that has profoundly influenced Western thought. Natural law, according to
Aquinas, is a system of moral principles derived from human nature and divine reason. These
principles, inherent in all human beings, provide a foundation for ethical conduct and social order.

Natural Law and Divine Law: Two Intertwined Aspects of Natural

Law

Aquinas' natural law theory encompasses two intertwined aspects: lex naturalis (natural law) and lex
divina (divine law). Both aspects derive from lex aeterna (eternal law), God's ultimate plan for the
universe. Eternal law encompasses both natural and divine realms, providing the overarching
framework for moral principles.

Natural Law: Accessible Moral Guidance Through Reason

Lex naturalis, or natural law, represents the part of natural law that is accessible through human
reason. It consists of fundamental moral principles, such as the need to seek good and avoid evil,
that can be discerned by examining human nature. These principles provide a general framework for
moral conduct, guiding human behavior in everyday life.

Aquinas distinguished between primary and secondary precepts within natural law. Primary
precepts, such as the fundamental principle of seeking good and avoiding evil, form the bedrock of
natural law. They are self-evident and universally recognized by all rational beings. Secondary
precepts, derived from primary precepts through rational application, provide more specific
guidance in navigating everyday life. For instance, the secondary precept against stealing stems from
the primary precept of respecting others' property.

Divine Law: Divine Revelation as a Source of Moral Guidance

Lex divina, or divine law, represents the part of natural law that is revealed directly by God. It
includes specific moral commandments and teachings that guide human behavior, supplementing
the principles derived through reason. Lex divina is found in sacred texts, such as the Bible or the
Qur'an, and through the teachings of religious authorities.
Aquinas believed that lex divina complements lex naturalis, providing more specific guidance and
reinforcing certain natural law principles. For example, the commandment "Thou shalt not steal"
directly reinforces the natural law principle against theft.

Natural Law and the Common Good: A Foundation for Just

Society

Aquinas firmly believed that natural law is intrinsically linked to the common good, which he defined
as the collective well-being of all humanity. The common good encompasses both material
necessities like food and shelter and intangible aspects like peace and justice. Aquinas asserted that
the primary role of government lies in promoting the common good by establishing and enforcing
just laws.

Aquinas distinguished between three levels of goods: individual goods, communal goods, and the
common good. Individual goods benefit specific individuals, such as health or wealth. Communal
goods benefit a particular group, such as a family or a nation. The common good, encompassing the
well-being of all humanity, takes precedence over individual and communal goods.

Aquinas' argument for the primacy of the common good rests on its universality. While individual
and communal goods cater to specific interests, the common good encompasses the collective well-
being of all human beings, transcending individual or group concerns.

DWORKINS LAW AS INTEGRITY

Ronald Dworkin's "law as integrity" is a theory of law that emphasizes the role of moral principles in
legal reasoning. Dworkin argues that judges should not simply apply the law mechanically, but
should instead interpret the law in light of its overall moral purpose. According to Dworkin, the law is
not simply a set of rules, but is also a complex set of principles and values. These principles and
values, Dworkin argues, can be discovered through a process of careful interpretation and reflection.

Dworkin's theory of law as integrity is based on the following key ideas:

The law is a system of moral principles. The law is not just a set of rules, but is also a set of moral
principles that express our commitment to justice, fairness, and other important values.
Judges have a moral obligation to interpret the law in light of its overall moral purpose. Judges
should not simply apply the law mechanically, but should instead interpret the law in a way that is
consistent with its overall moral purpose.

The law is a "seamless web." The law is not a collection of isolated rules, but is instead a complex
system of principles and values that are interconnected and interdependent.

The law is "underdetermined." The law does not always provide clear and unambiguous answers to
legal questions. In some cases, judges must use their own discretion to interpret the law and to
make decisions that are consistent with the overall moral purpose of the law.

Dworkin's theory of law as integrity has been both praised and criticized. Some have praised
Dworkin for providing a more nuanced and sophisticated understanding of law than traditional
theories. Others have criticized Dworkin for making the law too subjective and for giving judges too
much power to create new law.

Despite these criticisms, Dworkin's theory of law as integrity has been highly influential in legal
scholarship. Dworkin's ideas have been used to develop new theories of legal interpretation, to
challenge traditional notions of judicial authority, and to argue for a more expansive view of the
law's role in society.

Here are some of the key implications of Dworkin's theory of law as integrity:

Judges have a moral obligation to interpret the law in a way that is consistent with our shared moral
values. Judges should not simply apply the law mechanically, but should instead use their legal
training and moral judgment to interpret the law in a way that is consistent with our shared
commitment to justice, fairness, and other important values.

The law is a powerful tool for social change. The law can be used to promote social justice, to protect
individual rights, and to advance other important social goals. However, the law can only achieve
these goals if it is interpreted and applied in a way that is consistent with our shared moral values.

We need to engage in a more robust public debate about our moral values. The law is a reflection of
our shared moral values, and it is important that we have a public debate about these values. This
debate will help us to ensure that the law is interpreted and applied in a way that is consistent with
our shared moral commitments.
SUMMARY
A more radical critique of the paradigmatic natural law account of the connection between the good
and the right calls into question the very idea that one can get principles of moral rightness merely
from what constitutes a defective response to the good. According to this critique, while it is true
that one might be able to come up with some notion of unreasonableness by appeal to the notion of
what is defective response to the human goods, the notion of moral rightness belongs to a family of
concepts distinct from that to which the notion of reasonableness belongs. On this view, moral
rightness belongs to the obligation family, and the concept of obligation is irreducibly social: one is
under an obligation only if one is subject to some sort of demand in the context of a social
relationship (see, for an example of this view from a theological voluntarist perspective, Adams
1999, pp. 238–241; see, for an example of this view with a Kantian twist, Darwall 2006). It is part of
the logic of obligation that when one is under an obligation, that condition has resulted from a
demand imposed on him or her by some other party. So, according to this line of criticism, the
paradigmatic natural law view is unable to show that the natural law is intrinsically morally
authoritative: the precepts of the natural law can be rules that all of us human beings are obligated
to obey, that it would be wrong for us to disobey, and that we would be guilty for flouting only if
these precepts are imposed upon us by an authoritative being — perhaps a being like God.

Conclusion

Natural law theory, with its emphasis on universal moral principles and the inherent goodness of
human nature, continues to hold relevance in contemporary debates surrounding human rights,
social justice, and ethical decision-making. Despite ongoing criticisms, natural law theory provides a
valuable framework for understanding the foundations of morality and navigating the complexities
of human existence. Natural law is seen in the concept of ethical business practices, especially the
principle that a firm should not defraud its customers or other stakeholders. For instance, the
marketing of drugs should be made with full disclosure of potential harms and not be sold as "snake
oil." Since natural law assumes universalizing rules, it does not account for the fact that different
people or different cultures may view the world differently. For instance, if people interpret
differently what it means for something to be fair or just, the results will differ. Natural law is an
ethical theory that claims that humans are born with a certain moral compass that guides behaviors.
These inherited rules essentially distinguish the "rights" and "wrongs" in life. Under natural law,
everyone is afforded the same rights, such as the right to live and the right to happiness. Natural law
is evident in and shapes many of our laws, business policies, and human rights agendas. However,
unlike these systems, its rules do not change and are inherently assigned to everyone.