The general principle of the law. - The justice of the law, depends on the circumstance - e.g ectopic pregnancy example. (not abortion, not intentional).
What is the 'LEX' of the law?
This is the letter of the law, you have to abide to the law word for word. e.g 'Do not abort' - Primary precepts for the preservation of life.
Would not allow abortion in ANY circumstance despite there being no intention. (analysis - double effect).
What are the primary precepts?
-Preservation of life
-Live in a society
-Reproduce
-Worship a God
-Educate offspring
These all root from synderesis - understand through use of reason
Who made a modern development of natural law theory?
John Finnis
What are the 'basic forms of human florishing' in John Finnis' modern version?
Humans have a purpose, and the 7 basic human goods help us fulfil our purpose or 'human florishing'.
-Life
-Knowledge
-Play
-Aesthetic experience
-Friendship
-Practicle reasoning
-Religion
What are some of the 'basic methodological requirements' that support the basic forms of flourishing?
What are some of John Finnis' 9 requirements of practical reasoning (basic goods in practice)?
Pursuit of certain goods over others
Following our own authority and are own conscience
A coherent plan for our life
View life as a whole
What are John Finnis'absolute duties?
Not to be charged falsely
Not to be lied to
Not to take anothers life - as a means to an end
What are the principles of the double effect?
An act may have more than one effect.
We need to consider tthe intention and results of an action.
"Nothing hinders one act from having two effects" - Aquinas
What are the four conditions that must be met for an act to be justified?
1.Act must not be evil within itself
2.Intention of an act must be good
3.Good must atleast be equal to evil/proportional
4. Must be extreme situation
What is Divine law?
That which is revealled by God - e.g the 10 commandments/bible.
Teaches us what our reason is capable of knowing - (synderysis)
What does divine law do?
makes clear, and confirms what we can know by reason
What is natural law?
'Right reason in accordance with nature'. - Cicero
'Law written on the hearts of men' - St Paul
Follows direction of eternal law
'Thinking along the grain of nature' - to work out what is good for human florishing.
what is human law?
Regulations for society to keep order, cannot contradict natrual law. - Laws/legal system
What is eternal law?
God’s plan, built into the nature of everything which exists, according to his omnibenevolent nature.
What does Aquinas beleive moral requirements are knowable by?