Natural Law Theory

Basic Introduction

1. NATURAL LAW THEORY M RUBAIYAT RAHMAN LECTURER DEPT. OF LAW BSMRSTU, GOPALGANJ-8100

2. What is natural Law? • Natural law claims that everything is created to a particular design and for a particular purpose, and that purpose is what is ‘good’ to which everything aims. “Good is to be done and evil is to be avoided”  (Aquinas)

3. Roots of Natural Law Theory • Can be found in the ancient Greek and Roman world. • Roman lawyer Cicero formulated the classic description of natural law in his work On t he Republica . In this he says - True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting. (They will not be) different laws now and in the future, but one eternal and unchangeable law. - (There will be) one master and ruler, that is, God, over us all. 

4. Features Contains basic and fundamental laws Actions are moral consequences Based on law of nature *** Based on the idea that GOD created the world and establisher order to bring all to fulfillment. The natural law theory applies to all.

5. St. Thomas Acquinas Most famous exponent of the natural law • 13th Century • Central feature of Catholic moral teachings • He developed Aristotle’s ideas and argued that the natural telos of the world is found in God. • His ethical theory is absolutist and deontological(focuses on the ethnicity of actions) actions are intrinsically write or wrong. • Believed that both intention and act are important. • Acts are intrinsically (basically) good or bad • Aquinas described natural law as a ‘moral code of existence,’ created by God

6. Acquinas and Hierarchy of Law For Aquinas there was ahierarchy of law: Eternal Law – the law of the Universe Divine Law – the laws given in the scriptures Natural Law – our in built disposition to know what is right Human Law – the moral codes that we have created Aquinas argued that good should be done and evil avoided.

7. Strength Provides a Universal code that applies to everyone which cannot be misunderstood and never changes It does not allow people to justify killing in any way Gives everyone a ‘common’ set of rules Not elitist – not rules made by the rich to protect the rich. These are principles that everyone can use. Promotes equality and respect If everyone followed it the world would be better and people would be happier

8. Weakness Weaknesses People might suffer as rules such as banning abortion could lead to serious suffering for mother or potential child It has a strong religious element Does inbuilt reason override other inbuilt dispositions People may reason wrongly and not come to the best answer. Aquinas agreed with this and thought we have to educate ourselves and think

9. Suggested Writing What are the features of natural law theory? Discuss the influence of St. Thomas Acquinas on Natural Law Theory What are the strengths and weakness of Natural Law Theory