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What is the underlying notion?
right and wrong are right and wrong in themselves and not b/c of anything else
How is the underlying notion of natural law theory different from Bentham?
Bentham believed right and wrong are so b/c of pleasure and pain associated with them rather than just right and wrong in themselves
What are the 2 roads to truth according to Sir Thomas Aquinas?
- revelation and reason
- both the Bible and heathens are correct
How is natural law theory present today?
- civil rights movement in 1960s
- basic idea of certain things are right and wrong have varied based on the theory that has been around at the time
Where does right and wrong come from according to Sir Thomas Aquinas?
right and wrong are built into us by God
According to Thomas Aquinas, is there natural law?
- it is w/in us as a part of us
- both the Bible and heathens are right
Where does eternal law exist according to Aquinas?
- in God
- the mind of God is rational and rationality includes all things
- eternal law is the physics of the world
How did Aquinas feel about the laws of nature?
these are laws b/c they are ordered but they are different from natural law b/c nature doesn't obey
According to Aquinas, is eternal law known to all men?
- it is known by all rational men
- all rational men know the general principles, but they may not know all the general rules
Why didn't Aquinas want to think of natural law as a habit?
- people have rational thought and natural law is rational
- somehow although we are bound by this law, we accept it (this is reason)
What are Aquina's 5 principles of natural law?
- duty to do what is right
- duty to preserve human life
- family duties
- social duties
- duty to seek and tell the truth
What is the duty to preserve human life?
law will never require you to sacrifice yourself for another
What are one's social duties?
- be a good friend, neighbor, citizen
- live harmoniously in society
What are our family duties?
- look after your own family
- shall not abandon your children or wife
- honor your father and mother
- if the family didn't survive then you wouldn't survive
What is our duty to seek and tell the truth?
- academic values, not Greek idealism
- good teachers are those that have the ability to answer questions
- books written in question and answer format
Do the general principles of natural law change?
no but the rules may change b/c the circumstances have changed
The main principles don't vary with time, place or person, but are what?
recognized as true in every place, in all ages, by all people
Are virtuous acts commanded by natural law?
no, they are rules
What is the major problem with natural law?
- Not dogmatic - very indefinite b/c the rules can change
- different conclusions can be reached from the first principles regarding capital punishment, gender identification, abortion, war& peace, environmental rights, etc
What is the difference b/t the virtuous act and the an act seen as human virtue?
the law will command you only to "do right" not to "be right"
What was Aquina's view regarding the disobedience of laws?
- the law is the law and you should obey it unless there is an overwhelming moral reason not to
- must be something very very bad b4 you can disobey the law
Why can human laws be changed?
b/c they are rules and not general principles
When does custom become law?
when some agent of the state declares it to be law
How might one respond to the statement that N/L isn't useful if it can't handle controversial issues?
- in most ordinary circumstances N/L provides clear answers
- in controversial matters it at least provides a basis for discussion
What's important regarding N/L?
- (1) we each have w/in us the notions of what is right & wrong that are fixed in us by God
- (2) these are general notions that are brought down to the level of practical rules
- (3) When the rules may not be the same this is either b/c the circumstances have changed or the rules conflict
How can Aquina's list of principles be extended?
- environmental principles
- property principles
How can natural law principles be used to settle actual disputes?
What most people do is they deal with problems by getting the best solution you can get using all the principles
How can the basic principles of N/L be established?
- it is self contradictory to deny their existence (rationalist)
- they are values that happen to be accepted as beneficial (useful) in all societies (Austin)
- programmed into our mental makeup so that even if they are shown to be doubtful by good arguments, we are unable by virtue of our mental makeup to deny them and so they are in that sense axiomatic (Hume)
- they follow from persuasive theological or philosophical postulates
Was Aquinas a pupulist?
yes - he believed government received its power from the general consent of the governed
How did Aquinas explain that slavery was conformable to N/L but not required by it?
such things have been found useful by reason b/c when you owed debt to another and you couldn't pay you offered over your person to your creditors
Did the Stoics agree with Aquina's notions on slavery?
no they felt it was contrary to N/L
What are the fundamental rights that can't be bargained away?
- personal freedom
- religious liberty
What are the 2 kinds of privileges?
conditional and unconditional