NATURAL LAW

St. Thomas Aquinas

(1225 – 1274)
Brief Biography
• Born circa 1225 in Roccasecca, Italy,
near Aquino, Terra di Lavoro, in the
Kingdom of Sicily (present-day Lazio,
Italy).
• Following the tradition of the period,
Saint Thomas Aquinas was sent to the
Abbey of Monte Cassino to train among
Benedictine monks when he was just 5
years old.
• 1239, Saint Thomas Aquinas began
attending the University of Naples.
• In 1243, he secretly joined an order of
Dominican monks.
• He was ordained in Cologne, Germany, in
1250, and went on to teach theology at the
University of Paris.
• Saint Thomas Aquinas died at the
monastery of Fossanova on March 7, 1274.
He was canonized by Pope John XXII in
1323.
Introduction
The basic needs of animals—food, water,
security, companionship, freedom from
pain—are the basic needs of human
beings. All humans, like every other
animal, share the same fundamental
plight: certain one day to die, and
vulnerable to harm in the meantime.
Perhaps the key to morality lies in
understanding our place in the natural
order of things. Many have thought so.
In trying to discover what makes for
a good human life, we might take
a cue from the rest of the animal
kingdom and ask about why their
lives go well, when they do. It
seems that there is a common
answer: animals live good lives
when their nature is fulfilled, and
bad lives when it isn’t.
Origins
The ancient precursors to natural law
appealed to nature (physis) as
morally prior to social convention and
positive law (nomos). Plato's Gorgias
argued against Callicles'
understanding of natural justice as
the 'law of nature' by which the
strong rule the weak (Plato 196Ia:
483E).
The Republic examined the 'natural
justice' that exists in the properly
ordered soul and city-state (Plato
1961b). Aristotle distinguished
actions that are 'legally just' from
those that are 'naturally just'
(Aristotle 1941a: 1134bI8). Cicero's
De Re Publica (1929: 3. 22) first
advanced the explicit claim that
the 'natural law' provides universal
moral principles obliging not only Roman
citizens but all human beings. He
opposed the claim of what later came to
be called 'moral positivism', according to
which binding moral claims are not
discovered in human nature but rather
are 'posited' by the will of some
authority. Outside such a will, positivism
holds, there is no binding moral
standard.
Though the early Church and the
Patristic age reflected on the virtues,
the moral law, and natural justice, the
first high tide of natural law reflection
came with Thomas Aquinas. He
understood natural law in the context
of a more encompassing theological
framework that assimilated
Aristotelian and Neoplatonic
metaphysics to Christian doctrine.
In Thomistic cosmology, the
Creator governs the world by
arranging the parts in proper
relation to the whole cosmos
and by providing individual
beings with natures proper
to their own actions.
Varieties of Law
1. eternal law - governs the
created world
2. natural law - human behaviour
3. temporal law or positive law
- particular human political
communities
4. divine law - Christian life
That Every Agent Acts for a Good
Every agent acts for an end
clearly follows from the fact that
every agent tends to something
definite. Now that to which an
agent tends definitely must
needs be befitting to that agent:
since the latter would not tend
to it save on account of some
fittingness thereto. But that
which is befitting to a thing is
good for it. Therefore every
agent acts for a good.
That All Things Are Directed to One
End, Which is God
That which is supreme in any
given genus, is the cause of
everything in that genus: thus
fire which is supremely hot is
the cause of heat in other
bodies. Therefore the Supreme
good, namely God, is the cause
of goodness in all things good.
Therefore He is the cause of
every end being an end: since
whatever is an end, is such, in
so far as it is good. Now the
cause of a thing being such, is
yet more so. Therefore God is
supremely the end of all things.
Whether There is an Eternal Law?
He governs all the acts and
movements that are to be
found in each single creature,
so the type of Divine Wisdom,
as moving all things to their
due end, bears the character of
law. This line involves the
assertion that the divine
wisdom that directs each being
toward its proper end can be
called the eternal law.
p. 55
Natural Law
Thomas defined natural law as 'the rational
creature's participation in the eternal law'
(Aquinas 1948: I-II, 91, 2). ('Natural' for
Thomas did not mean 'automatic' or
'mechanistic'.) This participation is both
reasonable and natural: . each person
must use his or her reason to discover
what accords with 'right reason' in any
particular situation, and 'right reason'
always conforms to the order inscribed by
the Creator in nature.
Whether There is in Us a Natural Law?
Human being’s participation is
different. The human being, as
rational, participates more fully
and perfectly in the law given
the capacity for reason. The
imprint upon us, upon our
human nature by God, is the
capacity to think about what is
good and what is evil, and to
chose and direct ourselves
appropriately.
 Wherefore it has a share of
the Eternal Reason, whereby
it has a natural inclination to
its proper act and end: and
this participation of the eternal
law in the rational creature is
called the natural law.

p. 56
At its most basic, natural law
theory tells us that actions are
right just because they are
natural, and wrong just
because they are unnatural. And
people are good or bad to the
extent that they fulfil their true
nature—the more they fulfil their
true nature, the better they are.
The Human Intellect
Thomas followed Aristotle in
distinguishing between the
speculative intellect, which
considers truth for its own sake,
and the practical intellect,
which seeks to understand in
order to act appropriately.
Practical Reason
Practical reasoning begins from
fundamental premisses known by
the intellect to be true and
grasped by the natural
disposition that Thomas called
'synderesis'.
"Synderesis" is a technical
term from scholastic philosophy,
signifying the innate principle in
the moral consciousness of
every person which directs the
agent to good and restrains him
from evil.
The properly functioning human mind
recognizes without effort that every
agent acts for an end, and that 'the
good is what all things seek after'
(Aquinas 1948: I-II, 94, 2).
From this principle flows the first
precept: do good and avoid evil.
Every specific moral decision ought to
accord with this first principle of
practical reason.
Practical reasoning directs
human action in two ways:
general and particular.
Reason applies general
knowledge of moral principles to
particular cases in light of
specific knowledge of their
details.
The virtue of prudence, or practical
wisdom, habitually leads the moral
agent who possesses it to act in a
'fitting' manner (Aquinas 1948: I-II,
57, 2, 5).
Moral reasoning can go astray either
through ignorance of the particulars of
a case or by ignorance of the general
moral principle (or principles) relevant
to it (Aquinas 1948: I-II, 76, 1).
The process of moral reasoning results
in an act of conscience, a particular
judgement to act or refrain from acting.
Good judgements are based on proper
understanding and lead to reasonable
decisions. Reason is competent to
control, and proper control is exercised
in light of reason shaped by the right
purposes (Aquinas 1948: I-II, 18, 9).
Being directed to an appropriate end, of
course, is not simply a matter of reasoning
about it. Appetites must be well disposed
to their proper end through the 'habits' of
the moral virtues-not only prudence, but
also justice, temperance, and
fortitude. If they are not disposed to their
proper end-if 'right reason' is not
complemented by 'right desire'-then moral
reasoning itself will be derailed (Aquinas
1948: II-II, 47, 4).
The most fundamental
obligation, as we have seen,
is to 'do good and avoid
evil'. The principles of the
natural law take as their
'matter' natural inclinations.
Natural Inclinations
1. Inclination for existence
common to all beings
We can infer that life is good, that
we have an obligation to promote
our own health, and that we have
the right of self-defense.
Negatively, this inclination implies
that murder and suicide are
wrong.
2. Inclinations to reproduction
and sexual relations
shared by all animals
We engage in sexual intercourse and
rear offspring. We can infer that
procreation is a value and that we
have an obligation to produce and
rear children. Negatively, this
inclination implies that such practices
as sterilization, homosexuality, and
artificial contraception are wrong.
3. Specifically human inclinations
to social and political life
From the natural tendency we
have to form bonds of affection
and love with other human beings
and to associate with others in
societies, we can infer that
friendship and love are good and
that the state is a natural
institution and therefore good.
We thus have an obligation to pursue
close relationships with other human
beings and to submit to the legitimate
authority of the state.
We can also infer that war can be
justified under certain conditions if it
is necessary to defend the state.
Negatively, this inclination implies that
activities that interfere with proper
human relationships, such as
spreading slander and lies, are
wrong. Actions that destroy the
power of the state are also
wrong, so natural law finds a
basis for argument against
revolution and treason, except
when the state is radically
unjust.
4. Truth seeking or knowledge
From the natural tendency we have to
know, including the tendency to seek
knowledge of God, we can infer that
knowledge is a value and that we have
an obligation to pursue knowledge of
the world and of God. Negatively, this
inclination implies that the stifling of
intellectual curiosity and the pursuit of
knowledge is wrong. It also implies that
a lack of religion is wrong.
5. Spirituality held in common by
all human beings
We have an obligation to pursue
knowledge of the world and of
God.
Practical reason thus applies the
principles of the natural law to
the expression of natural human
inclinations expressed in
different domains of existence-
sex, marriage and family
life, communication,
spirituality, knowledge and
so forth.
Attractions of Natural
Law Theory
1. Natural law theory
promises to explain how
morality could possibly be
objective, that is, how moral
standards depend on
something other than human
opinion.
2. Natural law theory
easily explains why
morality is specially suited
for human beings, and not
for anything else in the
natural world.
3. Natural law theory
has a clear account of
the origins of morality.
4. Natural law theory
may solve one of the
hardest problems in
ethics: how to gain
moral knowledge.
 Advantages
1. Rational – Natural Law uses practical
reason, it is a common-sense
approach.
2. Objective – Natural Law gives us rules
that are true independent of our
individual thoughts and desires.
3. Purpose - The world has meaning,
purpose and values.
4. Allows for a clear cut approach to
morality and establishes common
rules.
5. Does not dictate what should be done
in individual cases from general
moral principles.
6. Concentrates on the human character
and its potential for goodness and
flourishing rather than on rightness
or wrongness of particular acts,
which allows for some flexibility.
 Disadvantages
1. Too simplistic - Humans do not have
a single ‘fixed’ human nature.
2. Outcomes - Leads to immoral
outcomes e.g. not allowing
contraception led to spread of
AIDS and overpopulation in Africa
3. Aquinas’ Natural Law theory assumes
belief in God.
4. Aquinas assumes that all things
have one specific purpose (e.g.
genitals) Natural Law theory
assumes all things work towards a
common purpose.(sexual
organs>reproduction)
5. Purpose - The idea of ‘purpose’ in
nature can be explained by
science (evolution and natural
selection).
6. Too optimistic - It has a too
optimistic view of human
nature. Augustine disagrees
(original sin), as does Calvin
(total depravity).
 Concluding Remarks
Natural Moral Law's universal and
absolute nature makes it appealing
because it allows everyone of every
culture, faith, society to use it without
it ever going out of date. On the
other hand, there is a lot of
responsibility for people to think
rationally and have similar thought
processes.
Thank you!