Moral values and certain laws are inherent in human nature. That is the main idea around natural law theory. Ethics are important in our daily lives. It defines what is good and what is bad. But, why is natural law theory so popular, why is it the longest ‘standing’ ethic and what does it mean?
Natural law theory originated from the Italian catholic ‘Thomas Aquinas’. He believed that morality was important for everyone. Aquinas thought that being a good person was crucial. The Bible divines what is morally good or wrong in the divine command theory. Back then not everyone knew about the Bible or had even heard of God.
We are all born with a God-shaped hole inside of us
There are numerous adaptions to natural law theory and many of those still circulate around these days. That being said it is unarguable that Aquinas’ version was the most influential. Thus, natural law theory was born. Philosophers who study or even contribute to this theory are called natural theorists.
7 Basic goods of Natural Law
What are the seven basic goods in natural law theory? The 7 basic goods are ‘life’, ‘friendship’, ‘religion’, ‘knowledge’, ‘aesthetic’, ‘shun ignorance’, and play.
Something annoying is that there are numerous ‘different’ basic goods. Most people pick a mixture of basic goods by Aquinas, Finnis, and Al-Ghazali – and call it ‘the seven basic goods of natural law’. Be cautious about this, especially when you are using it in research.
1. Life
As humans, we avoid dangerous situations. We have the drive to sustain life and to procreate ourselves – self-preservation. Therefore, we should see life as a whole and should be free from pain.
2. Friendship
Helping a friend solely to help a friend. Not out of self-interest. Having peace and harmony among people in its strongest form – a flowering friendship.
3. religion
Humans should concern themselves with individual interests that transcend our concerns. According to Aquinas, we should all seek god. But it is not limited to the meaning of religion in its purest form – according to natural law theory.
4. Knowledge
Humans should educate themselves to be well-informed instead of ignorant. Many philosophers speak about ‘ignorance’ which is the lack of knowledge or information.
5. Aesthetic
The top of the chain is the Aesthetic experience. Humans should have an appreciation for beauty in nature and art.
6. Rejecting ignorance
As stated at the fourth point: we should reject ignorance. Humans should use their intelligence to solve problems and shape one’s character.
7. Play
Humans should enjoy recreation. For instance, we should enjoy a concert for no other reason that the concert itself. Having fun and enjoyment in it all.
What is the meaning of Natural Law Theory?
Natural law theory did get some backlash which started people to question both the divine command theory and the natural law theory. According to Aquinas God created the world with these natural laws embedded in everyone’s mind. Everything should run and function well if these ‘rules’ are followed. If God created us all with the ability to seek and recognize the good, then why do some humans violate natural laws all the time?
To summarize: Natural law theory is a rule of conduct prescribed by the Creator based upon the nature which He has given us.
The Nature of this realm is not Peace - it's Balance.
The difference between intrinsic and extrinsic values explained
Objectivism is a philosophy that believes that there is no more lavish moral goal than to achieve happiness on an individual level. This philosophy originated from the Russian-American author Ayn Rand. As stated before, human beings possess intrinsic values.
Personally, I think Rand describes these differences really well. There are three sections: The intrinsic, the subjective, and the objective. So, what does that mean? Extrinsic value is added by something outside itself. For instance, God gave it significance – or value. The value comes externally. It is separable from the thing itself and not essential.
Intrinsic value is a value that has no relation to any living entity or man. For example, gold or platinum. The value is inseparable from the thing itself and it is in fact essential.
What objectivism conveys about the objective
Objective value is that beneficial characteristic for life in relation to life. What does that mean? Well, we all have values in our lives regarding life itself and how we can achieve happiness. These are our objective values. Persuading these types of values will further our lives and happiness.
Objectivism is out of scope regarding Natural Law Theory. But it can help you understand certain things better, especially when you read up on another philosopher’s point of view.
Why Natural Law Theory was important
The importance of Natural Law is because it is still broadly used in the ethical, moral, and political systems nowadays. It also played a huge role in philosophical theories. For a long time, Natural Law was the foundation that was used to understand human nature.
How Natural Law defines the good
All humans have certain natures. For instance, all humans have to drink to stay alive, we all need to sleep, and humans need to procreate if we don’t want to extinct. So all those things would be morally right. Anything that goes against ‘human nature’ is morally wrong.
Natural law theory in jurisprudence
Natural law can be intimidating to comprehend if you don’t learn about jurisprudence. Jurisprudence is the theoretical science of the law. It derives from the Latin term ‘juris prudentia’ – ‘the study, knowledge, or science of the law’. There are two subcategories in jurisprudence: analytic – ‘what is law’ – and normative – ‘what is the purpose of law’.
There are quite some discussions regarding natural law theory in jurisprudence. One of the basic goods in natural law theory is human procreation. Hence is why natural law says that:
- Gay sex is morally wrong
- Abortion should be banned
- Contraception is morally wrong
Personally, I don’t support these statements, but my opinion is not what is important to understand the proponents as a justification for natural law regarding this topic. Natural law progressed in four era’s: the classical age, the middle age, renaissance, and the modern age. It states that there must be a connection between laws and morals: law should be just and fair.
Advantages and disadvantages of Natural Law Theory
Natural law appeals to the intrinsic idea of right or wrong. Although some ideas of natural moral law seem ridiculous. For instance, we know that natural law focuses on human nature to see what is right or wrong. Humans are built with teeth that work well for both plants and meat. Therefore, not eating meat would be against natural law – e.g. being a vegetarian. Below are some pros and cons listed regarding natural law.
Pros
- Natural law is universal. Thus, always relevant
- It is based on reasoning, not revilation
- Judges the intrinsic value of actions
- the multiple-conscience problem.
- Stimulates virtuous behaviour (love, wisdom, justice and temperance)
Cons
- Issues of intention regarding 'obvious' goods.
- Different cultures may view the world differently.
- Natural law is solely based on right reasoning.
- Good cannot be defined through nature, it is a naturalist fallacy (G.E.M.).
- Aquinas' view of human nature is oversimplified
Key Figures regarding the Natural Law Discussion
When you are doing research and searching about natural law theory, you will most likely come across a couple of philosophers who had a great influence on natural law. Some had a direct influence, while others greatly inspired other philosophers. These people are Sartre, Hume, and Aquinas.
Jean-Paul Sartre
Sartre agreed that we all seek God in our lives. The Natural Law Theory states this. It doesn’t matter if we have been exposed to him or not. Sartre was an atheist who concluded that this was an empty hole we could never fill.
If people violate the good all the time, what truly is there to us for the need to seek the good? We are built with the ability to recognize and seek this so-called good all the time. Like Aquinas stated, the natural law theory rules are embedded in us all. Aquinas has a clear answer to that: Because we are ignorant, we sometimes seek what we think is good, but we are just wrong according to the natural law theory.
David Hume
Hume was a Scottish philosopher and Enlightenment historian. He was one of the foremost empiricist philosophers, and his beliefs had a severe influence on Immanuel Kant, who thought that things around him could seriously improve. When we look at our survival instincts, we consider them good. But what if I would kill someone and shelter in their carcass to keep myself warm? Hume asked. That would be immoral to other people. This is knows as the ‘is-ought problem’.
Is-ought problem
For instance, reproduction is sound, but what if that leads to sexual assault? That also would be immoral. Lastly, Hume asked if it was a sin for him never to have children intentionally or because one cannot reproduce or when their partner is.
Thomas Aquinas
Aquinas presumed that this wasn’t God’s intention, that God embedded these ‘natural laws’ into our systems to do and to know what is good. According to Natural Law Theory, morality is imbued by God, who originated the moral law. Following this moral law makes our lives drastically better.
Aquinas was born in 1225 in Roccasecca, Italiëargued. He stated that God created the world according to so-called natural laws. To be suitable for God’s sake.
Even though we are rational, we are also emotional creatures
Aquinas thought God embedded a goal-driven, predictable system into all of us where life is sustained and everything functions smoothly. Aquinas was by far the most influential figure regarding Natural Law theory.
The basic goods according to Thomas Aquinas
There are 7 ‘basic goods‘ that we are meant to seek. Aquinas often quoted Aristotle when people complained about the natural law theory. “Even though we are rational, we are also emotional creatures“. According to Aquinas, we don’t always follow the natural laws because of two reasons:
- Ignorance: ‘We seek what we think is good, but we are wrong because we are ignorant’
- Emotion: ‘Sometimes we see what we should do, but our emotion overpowers our reason’
Those are life, reproduction, teaching one’s children, seeking God, living in fellowship, avoiding offense, and avoiding ignorance. Firstly, we are designed to evade danger, for instance, jumping off a cliff. Secondly, we are made to reproduce. God made it feel good and pleasurable to do so.
- Life
- Rational conduct
- Knowledge
- Procreation
- Social life
Once we have reproduced, we are obligated to educate our children to survive and reproduce themselves one day to complete the cycle because that is the goal of everything. Thirdly, we are so-called pack animals. That’s why we don’t feel good when acting offensively in our community. Lastly, we are natural ‘knowers’ and want to be correct. According to the natural law theory, knowledge can increase our survival rate, and ignorance can mean death in some cases.
The basic goods according to Finnis
According to Finnis, unjust laws are not merely void. However, they lose their direct moral authority to bind since they are in opposition to the greater good. To put it another way, a law that is unfair is nonetheless a law.
He contends that the purpose of the legal system is to further the “common good.” As a result, any rebellious act that contributes to making the legal system less effective as a whole may not be justified. Finnis believes that sometimes laws must be followed even if they seem morally wrong because failing to do so could undermine the entire system.
John Finnis
John Finnis is alive but he is retired. Finnes used to be a professor at Oxford University. He wrote a prominent book called: ‘Natural Law and Natural Rights’ in 1980.
Finnis created a sort of spin-off of the natural law theory that originated from the beliefs of Aquinas (1225-1274). This book is considered one of the most important recent philosophical work of law – jurisprudence.
Each person can choose whether to make one – or more – more important in their own lives. One of these goods is referred to as “practical reason”. Finnes refers to the type of thinking we utilize while making judgments. According to Finnes – a law philosopher, there are 7 basic goods:
- Religion
- Sociability of friendship
- Practical reasonableness
- Knowledge
- Play
- Life
- Aesthetic experience
Finnes states that these seven fundamentals are self-evident, universally recognized, and equally basic. He claims that they are not derivations of anything.
The basic goods according to Al-Ghazali
According to Al-Ghazali, true knowledge is the knowledge of God, God’s writings, God’s prophets, and God’s creations. This includes the kingdoms of earth and heaven. It also contains the knowledge of Sharia revealed by his prophets. The 5 basic goods according to Al-Ghazali are:
Al-Ghazali
Al-Ghazâlî was a Muslim and is one of the most influential philosophers. He lived from 1056 to 1111. His full name was ‘Abû Hâmid Muhammad ibn Muhammad al-Ghazâlî’.
Although Ghazali lived over 900 years ago, his work is still relevant today. His work shaped the way generations of Muslims understood their religion and even influenced European theologians like Thomas Aquinas.
The basis of Al-Ghazali’s religious philosophy was the idea that the Creator is central to all human life and plays a direct role in all world affairs. Al-Ghazali also shares his perspective on the basic necessities of humans: food, clothes, and a home.
Al-Ghazali’s influence was not limited to Islam, but his writings were widely circulated among Christian and Hebrew scholars and philosophers.
- Religion
- Reproduction
- Wealth
- Life
- Intellect
Natural law vs Legal positivism
Many people wonder what the difference is between natural law and positivism. So let’s find out. Natural law believes that law should reflect on moral reasoning – which is the analysis of specific events to determine what is right or wrong. For instance, what people ought to do in that specific situation. On the other hand legal positivism believes that there is no connection between law and moral order. These contradictory assertions regarding law and morals are the fundamental difference between legal positivism and natural law.
What is Legal Positivism
legal positivism is a school of thought of analytical jurisprudence. This developed broadly in the 18th and 19th centuries. Legal positivism is still relevant today.
Brian Leiter wrote an interesting paper on ‘why legal positivism. He concluded three things: 1) Legal positivism does not involve startling or controversial metaphysical allegiances. 2) Positivism gives the best interpretation of the everyday understanding of the law. 3) Its understanding of the law is the one deployed remarkably in all empirical social science. Basically, empiricism is the pursuit of knowledge only through experience. For instance, observing and experimenting with different things.
4 Examples of Natural Law Theory in Healthcare
Below are listed three natural law examples that are still relevant in healthcare these days.
- Medicine cannot be sold via deceptive marketing or fraud. That is morally wrong. Therefore, side effects and potential harm must be fully disclosed.
- It is not allowed to abort an unborn child. This goes against one of the natural laws: ‘preserve life’.
- Euthanasia is morally wrong because it goes against our human nature to procreate life and to preserve life.
Natural Law Theory does not supports Euthanasia
Natural law theory does not allow euthanasia. Aquinas said that euthanasia is always wrong. It contradicts with the five Primary Precepts. Especially the first one which states that we should defend innocent lives: ‘the preservation of human life’. This goes against the concept of euthanasia.
- Protect life
- Orderly living in a society
- Worship God
- Education
- Reproduction
Prohibition and positive injunction
I value my life, so that means that your life is valuable as well. So, I shouldn’t kill you. For instance, not killing is a Natural Law.
The primary good life knows two sides. The prohibition, states that we shall not kill, and the positive injunction, concludes that we should promote life.
This applies to the other essential goods as well. For example, we shouldn’t prevent reproduction, and we also need to produce offspring.
Conclusion
There are three different points of view on natural law theory. It considers what is morally right by our human nature. There is some overlap in the theory of the three philosophers – for instance, their basic goods.
Natural law theory is one of the oldest ethics we know. It originates from the Divine Command Theory.
Other Ethics you might find interesting (unless your boss requires you to)
Consequence Ethics
Consequentialism looks only at the outcome of an action rather then the action itself. For example, we are taught that murder is wrong. Consequence ethics
Divine Command Theory
Moral values and certain laws are inherent in human nature. That is the main idea around natural law theory. Ethics are important in our daily
Virtue Ethics
Virtue ethics revolves around three significant aspects; virtue, as the name states, purpose, and happiness. It answers and explains questions like ‘how am I supposed
Utilitarianism
Utilitarianism originates from the followers of Epicurus, also known as Epicureanism. It was founded by the English philosopher Jeremy Bentham as consequentialism ethics. Utilitarianism generally looks at
Deontology
Deontology is an ethical methodology based on absolute rules of behavior, also known as norms. Deontology is not hard to apply at all. For instance, it