Home
/
RELIGION & LIBERTY ONLINE
/
Natural law is human law
Natural law is human law
Nov 1, 2024 1:32 PM

The abilities to know truth and choose the good are gifts of our reason. They are natural to us and make us fully human.

Read More…

Perhaps the most confusing aspect of natural law is the phrase itself: “natural law.” For many people, the word “natural” implies human biology or the physical environment. For others, it means “instinct.” Likewise, when some people hear the word “law,” it implies “constraint” or obedience to legislation, regulations, and codes decreed by institutions with the authority to do so.

There is obviously some validity to using these words in such ways. Yet such uses are not a good starting point for understanding what natural law is.

The origins of the expression “natural law” are to be found in debates between the Greek philosopher Plato and those thinkers known as the Sophists. In broad terms the Sophists believed that politics was not about questions of right, wrong, justice, or injustice. They maintained that social arrangements reflected whoever was the strongest. Hence, it was “natural” for the strong to rule the weak. Such was the “law” of human “nature.”

Plato disagreed with the Sophists. For him, politics and justice could not be reduced to the rule of the strong. Nevertheless, Plato recognized the rhetorical power of the term “natural.” He thus decided to use it for his own purposes. In Plato’s thought, “natural” became a way of saying “human,” and one distinctive feature of humans is that we have reason. This is what makes humans different from animals. They act according to instinct alone. We do not.

What did Plato mean by “reason?” First and foremost, he meant the mind’s ability to know truth, and how to choose and act rightly as individuals munities in light of truth. Reason was thus more than our mind’s ability to know how to weigh and calculate quantifiable objects, or our capacity prehend the workings of the material world in which we exist. Reason certainly included those capacities; it found expression in fields such as mathematics or natural sciences like physics. But reason, from Plato’s standpoint, was above all practical in the sense of helping us know ethical and philosophical truth and then how to choose and act rightly.

What is the “law” dimension of natural law? The law part concerns that which is right for human beings. Here “right” does not primarily mean “efficient” or “useful.” Insofar as efficiency means the optimal use of scarce resources and avoidance of waste, or utility means the usefulness or value that consumers experience from the use of a product, natural law regards efficiency and utility as valuable and, as we will see, potential factors to consider when making moral judgments.

But when the phrase “right” is used in natural law, the focus is upon what reason identifies as good and just. Much of this was neatly explained by Thomas Aquinas. To his mind, natural law consists of the basic principles of practical reason for humans. The most fundamental of these principles is that good is to be done and evil is to be avoided. Here good means reasonable while evil means unreasonable. A second key principle of practical reasoning is that knowledge is a good to be pursued while falsehood and ignorance are to be e. A third principle is that you may never do evil even if you anticipate that good e of it.

This third principle merits more explanation as it is one that many have found perplexing. Surely, the argument goes, there are instances in which one must choose means (e.g., bombing German cities in World War II) that we would not otherwise choose in order to realize a greater good (e.g., hasten the defeat of Nazi Germany).

In one sense, the idea that we may never do evil that good e of it is a logical derivative of the first principle of doing good and avoiding evil. That means avoiding the free choice of evil in every aspect of any action, whether it is the object or goal of the act (defeating Nazi Germany), or the means through which that goal is achieved (the waging of war). Once your act involves a conscious choice of an evil (consciously targeting civilian populations and batants while waging war), it follows that the act itself is evil, no matter how much good might be realized. In other words, there are some acts that cannot be rationally defended by reference to any end.

Right reason and truth

How then do we know these principles? Natural law holds that people possess a basic knowledge of these principles through their possession of reason (ST I-II a.94, a.4). In this sense, the principles of natural law are “natural” to human beings (ST I-II q.94, a2) not because of human biology but because they are universally knowable by human reason (ST I-II q. 94, a.4; a.94, a.6) and universally binding because of their basis in human reason (ST I-II q. 94, a.4). Reason thus permits us to know the truth about good and evil, even though the directedness of such knowledge can be undermined or obscured by the pull of powerful emotions, and the meaning of this information for human choice and action can be hard to determine (ST I-II q.94, a.6).

What is the content of this truth about good and evil? In basic terms, it is the truth about human flourishing. Such flourishing occurs when we can freely choose particular things that are good in themselves (such as knowledge or beauty) and therefore fulfilling (ST I-II q.94, a.2) for humans qua humans, intelligible to human reason as reasonable for humans to pursue, and which other species (like animals and plants) cannot know and cannot therefore choose because they lack reason. Our knowledge of such es about through our intrinsic orientation toward the various goods that reason bids us to pursue. These goods in turn provide reasons for humans as rational beings to make this implicit awareness explicit and propositional through reflection on human choice and action.

The study of natural law consequently involves identifying and applying the principles of rational thought to how we know and choose the good, right, and just when we make free choices. Natural law maintains that for us to be rational in the fullest sense is to choose and act in accordance with what our reason tells us is the truth about the right course of action. Aquinas defined truth as adaequatio intellectus et rei [conformity between the intellect and reality] (ST I q.21, a.2c). What Aquinas meant by “reality” is the truth about something as it is in itself: that, for instance, the content of the most basic principle of justice is to give others what they are owed, and not something else; or that the content of the virtue of courage is not the same as being reckless or being a coward.

(This is an excerpt from chapter 1 of The Essential Natural Law by Samuel Gregg, published by the Fraser Institute, 2021.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
All homeschoolers may have to register with the government
The Department of Education has proposed new guidelines that all homeschool parents must register with the government. Officials say the registry, es as a booming number ofchildren are being educated at home,would be used for government officials to check upon students and assure the pupils are receivingthe government’s definition of aquality education. The UK government unveiled the proposal as another controversial policy percolated through the British school system: pulsory classes about homosexual, bisexual, and transgender relationships beginning in primary school.That...
A Spaniard defends Conservative Liberalism
“Conservative liberalism” isn’t a monly used in the United States. Indeed, to American ears, it seems positively oxymoronic. In Europe, however, it constitutes a venerable tradition of political thought and embraces figures ranging from the French thinkers Alexis de Tocqueville and Raymond Aron to economists such as the primary intellectual architect of the German economic miracle, Wilhelm Röpke, and the French monetary theorist Jacques Rueff. As a political tradition, the “liberal” part of conservative liberalism concerns mitment to freedom. The...
Acton Line podcast: A trial for religious liberty; defining honorable business
On this episode of Acton Line, Trey Dimsdale, director of program outreach at Acton Institute, sits down with Andrew Graham, attorney at First Liberty Institute, a public interest law firm. Trey and Andrew talk about a current case threatening Bladensburg World War I Memorial in Maryland, known as the Peace Cross. The land on which the cross stands was first privately owned by American Legion and the memorial was erected with privately raised funds. Now the land belongs to the...
Alejandro Chafuen in Forbes: Aquinas and Bitcoin
Yesterday in Forbes, Alejandro Chafuen, Acton’s Managing Director, International, analyzed moral questions of cryptocurrency in light of St. Thomas Aquinas’s Summa theologiae. It is an application of centuries-old thought to a very recent phenomenon—but of course, as the article seeks to show, moral considerations are perennial even as their particular objects change. What would Thomas Aquinas have thought of cryptocurrency? Our answer may be a conjecture, but if we look at Aquinas’s body of work our conjecture can be well-informed....
How the minimum wage affected workers during (and after) the Great Recession
The law of demand is one of the most fundamental concepts of economics. This law states that, if all other factors remain equal, the higher the price of a good, the less people will demand that good. Most of the time this is too obvious to mention. Yet people seem to think we can suspend the law of demand when es to wages. They seem to believe, for example, that increasing the price of labor for low-skilled workers will have...
AOC and the New Eugenics
Here is a piece I wrote for the Stream on Alexandria Ocasio-Cortez and ments on climate change and whether “it is still ok to have children.” When an American politician asks if it is still okay to have children, this is something to notice. Are you familiar with the progressive movement and their attraction to eugenics? Then you know the score. It’s a short step from “wondering” if it’s okay for people to have children to making laws that forbid...
Kevin D. Williamson responds to ‘Ben Shapiro and the alt-right smear’
In my Friday post titled, “Ben Shapiro and the alt-right smear” I wrote: Thus, National Review – once a bulwark of American conservatism – advocates that gay marriage is a family value – according to Jonah Goldberg – and that statues of former Confederate leadership must be torn down by patriotism – according to Kevin Williamson. Williamson objected, saying this is what he actually wrote in his August 2017 piece “Let It Be” in National Review: The current attack on...
Beto O’Rourke’s markets and morality mismatch
Former Texas congressman Beto O’Rourke, who famously lost a senate bid against Ted Cruz (R-TX) in the 2018 election, is currently one of the front-runners in the Democratic presidential primary race. He has polled as high as 12% and as low as 5% in recent polls. He raised $6.1 million in his first 24 hours after announcing his candidacy, and a total of $9.4 million in the first 18 days. I have to admit, I don’t get O’Rourke’s appeal. South...
Christians shouldn’t be surprised to find capitalism infected by cronyism
When anyone criticizes socialism by pointing out the failures of socialist countries like Cuba or Venezuela, its defenders claim, “That’s authoritarian socialism, that’s not the type of socialism we support.” We defenders of free enterprise mock this shift, but don’t we do something similar? When anyone criticizes capitalism, don’t we say, “That’s crony capitalism, that’s not the type of capitalism we support”? Can the two really be separated? As political scientists Michael C. Munger and Mario Villarreal-Diaz write in their...
Grace in our life together: Community beyond markets, states, and ‘social capital’
When discussing the role of economics in our life and world I am always careful to make a distinction: life is economic but economics is not all of life.I’ve suggested this broader understanding of personal and social interests has mon among major free-market theorists since Adam Smith. Economics itself is the product of the sustained reflection of Christians on nature, the scriptures, and their own experience in crafting the institutions, ethics, and law which birthed the tradition of ordered liberty....
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved