Natural Law Theory

The problem of happiness and freedom.

• Absolute freedom is only in the abstract.

• We can achieve happiness but…

• Real freedom must be defined.

•We must therefore develop an Ethical
system which would lay out some defining
points regarding freedom and hapiness.
An Ethical system to be precise!
Aristotle, St. Thomas Aquinas, Metaphysics
and the Natural Law
Aristotle and St. Thomas Aquinas
• Aristotle distinguishes between particular laws
and universal laws.

• The universal law is the natural law

Metaphysics of Nature
What is nature?
• St. Thomas relates essence and nature:

“essence is that which constitutes the common

nature of things which account for their being put
into the same categorization”
Defining Natural Law
•Natural – pertaining to nature as essence
which speaks of the root of the operations
of a thing.
• We also mean in here that which makes the thing
what it is.
•Law – from Lat. Lex from ligare i.e. to bind.
“Ordinance of reason for the common good,
made by him who has care for the
community, and promulgated.”
•The definition of law and nature are not
isolated but are related.

•Nature is common to things under the same

genus.

•If law is for the common good, it must

recognize nature.
•Law then, which must grasp natures,
requires that the intellect grasps natures.
Law must proceed from reason!
Eternal Law and Natural Law
What is Eternal Law?

•The primary law that governs the way by

which the universe works, the source of
which is God.
•Things therefore take their nature in such or
such a way because it is ordained by the
eternal law

•Our access to Eternal Law is through our

intellect when we grasp nature which is
ordained by Eternal Law
•Thus:
“Natural law is nothing else than the rational
creature’s participation of the Eternal Law.”
Human Law and Divine Law
•Sometimes general principles cannot be
applied uniformly to particular
situations.

•Practical reason must make laws which

now into consideration other conditions
observed by the intellect. This is Human
Laws.
• But there is still a need for Divine Law. St. Thomas
cites 4 reasons.
1. Man is ordained to a higher end: eternal
happiness. This can only be achieved through
conformity with the Divine Law.
2. Because man is imperfect, his judgments are bound
to err. Therfore, in order for him to truly know what
is right from wrong, he must be directed by the law
given by God, i.e. Divine Law.
3. Man cannot perfectly achieve virtue by himself.
There is then a need for a Divine Law.
4. Since human law cannot forbid all evil, Divine Law
must intervene in this case.
Synderesis
•First Principle of Practical Reason

•Principle of intelligibility of actions

•Do good and avoid evil

Knowledge of Basic Goods and Natural Good
•Being is apprehended by the intellect.

•But being is good.

•Therefore, the good is apprehended by

the intellect.
•All things existing are beings. All beings
are good. When we apprehend beings.
We apprehend good.
•But when we apprehend beings we
apprehend them according to their
nature.
•Nature then is that good which is
apprehended by the intellect. The
Natural Good!
•Once again Nature is the root of a
thing’s operations.

•But good also implies perfection and

end.

•Good perfects nature!

• From our desire to have facilitation is given to us
a natural inclination to some basic goods.

• These basic goods are not just deduced from

some of our operations. They are, in fact,
primary and evident operations of man.
•Self Preservation

•Operations out from animality and

rationality.

•Desire for true goods without conditions.

•This system allows us then to
formulate laws based on the
fulfillment of the said goods with the
consideration of nature.

•But general principles become more

and more obscure as a situation
becomes more and more particular.
What must be done?
•Natural Law Ethics must not be seen as
enforcing us to do this or that. Instead it
must be seen as a guideline which must be
reflected upon so that we may have an
inspiration when we contemplate on doing
proper moral actions.
•Real Freedom lies in our effort to fulfill our
nature and is thereby limited by nature.
Real Happiness is when ultimately our
nature is perfected.