Philosophy 051-01
Introduction to
Natural Law
February 11, 2002
1. Thomas Aquinas. So, we now
move from the ancient writers to the 13th century. Unfortunately, we don’t
have a neat treatise on ethics that covers all the topics we need, so I am not
going to follow the text very closely, but give you an overview of the basic
ideas, based not just on the reading.
- Thomas was deeply influenced
by Aristotle as we will see. Most of Aristotle’s writings were forgotten
by people between the 3rd century B.C. and the middle ages. Finally, in
the middle ages, the Arabs were impressed by Greek doctors—they could cure
wounds the Arabs couldn’t—and as a result wanted to learn what the Greeks
learned. Among other things, they eventually produced Arabic translations
of Aristotle, and Arab philosophers worked in the Aristotelian tradition.
- Around Thomas’s time,
Aristotle’s philosophy was used in part to attack Christian doctrine. For
instance, Aristotle said that the world had always existed, while
Christians believed that there was a time when the world was first created
by God. One of Thomas’s tasks was to take Aristotle’s philosophy and
adapt it to Christian uses. As a result, Thomas produced a unique
philosophical system in many ways inspired by Aristotle—and to some
extent by Platonism—but also distinctively new.
2. Natural Law ethics starts
with the observation that many things in nature—and nature includes us—act for purposes,
rather than merely at random. This observation was already made by
Aristotle—remember the discussion of the purposes of flute-players and my
mention of the purposes of a hammer. For an example in nature: The eyes of an
animal act in order to give information to the brain, in order that the
animal may be able to avoid danger, find food and find a mate, all in order
that it might be able to reproduce and bring up its offspring. As far as
the animal is concerned, reproduction and bringing up the offspring may be the ultimate
point or purpose of the whole business of the animal’s life.
- Something without purposes has
no point.
- Fulfilling this purpose is
something good. Good for the thing that it is the purpose of. It
is good for the eyes to see—that is their point. It is good
for the animal to avoid danger. It is good for the animal to
reproduce. A thing is perfected or fulfilled insofar as it
fulfills its purpose.
- Thomas Aquinas himself is not
going to stop with these kinds of natural purposes, because he will want
to say that God created the animal with even further purposes in mind,
e.g., to help human beings or to glorify himself.
- Each thing, according to
Aquinas has a natural inclination to act to fulfill its purpose.
Thus, the eyes have a natural inclination to send information to the
brain. If the eyes are working properly they will do this.
Similarly, the animal has a natural inclination to reproduce.
- Something is working properly
if it fulfills its purposes. So a part of the Thomistic system is the
idea that things have purposes and these purposes can be used for telling
whether something is working properly or not. Imagine some gigantic
contraption. There are all kinds of cogwheels and other weird things
there. Some parts are moving around there but not much is accomplished
beyond a lot of noise—certainly nothing is coming out. Someone asks you:
“Is this thing working or not?” Well, a natural response is: “What is it
supposed to do? What is its purpose?” If its purpose is to
print newspapers, then it’s not working properly—because nothing is coming
out of it. But maybe its purpose is just to be an artistic installation.
Or maybe it’s designed for some weird other purpose. But whatever the
purpose of it is, the item is good at being what it is only if it fulfills
its purpose.
- Purposes come in hierarchies.
The eyes of an animal are to give information to the brain. The limbs are
to move the animal around. The teeth are to grind food, and grinding food
is for eating. All together, these purposes are ordered (a
technical term, as in “in order to”) in order that the animal might
survive and reproduce. The point or value of each item in
the hierarchy comes from the ones above it. Thus, the point of teeth
comes from grinding food; but there would be no point to grinding food,
and hence to teeth, if food didn’t help the animal.
- Thus, in any one organism
there is a complicated hierarchical network of purposes. This network is
called the organism’s nature. Whatever fits with this network of
purposes is natural or working properly, and whatever does
not is unnatural. Thus, it’s natural for a human being to have
eyesight but unnatural to be blind.
- It is of crucial importance
to note that naturalness is not a statistical idea. Imagine I cut
a leg off of every sheep. Would it be natural for sheep to have three
legs then? Surely it would be unnatural, because the lack of a leg
frustrates the sheep’s purposes of survival and reproduction.
- If we write out a complete
hierarchy of purposes, we will find that some purposes are not ordered to
any further purpose. These things are valuable in themselves.
Thus, if animals have no further purpose beyond reproduction, then
reproduction is valuable in itself, for its own sake. We can
call these the basic goods.
3. Each natural purpose of a
thing is a good that is achieved by the thing’s activity. Purposes are
directed at ends, and hence for St. Thomas, the good is what is naturally
aimed at.
- Of course, not everything we
aim for is in fact good. Imagine a fellow who takes a bowl, pours some thumbtacks
into it, adds sugar and milk, and proceeds to eat. We ask him what he is
doing and he says he needs more iron in his diet. Presumably, the reason
he wants iron in his diet is to get healthier. Now, he won’t get
healthier eating thumbtacks. So what he aims at is a good, but it
is not a good he is going to achieve by his action.
- Suppose I’m trying to figure
out whether to stay up to study more or to spend the evening with an old
friend who is in town. If I study, I will learn more. If I spend the
time with the friend, I will promote our friendship. Why do I want to
learn more? Maybe for the sake of learning. Maybe learning is itself the
basic good at issue. But maybe I want to learn in order to get a job, so
that I might have a family and children. In that case, family life might
be the basic good at issue. Why do I want to promote the friendship?
There doesn’t have to be any reason beyond that. Friendship by itself
is worth having, a basic good. So, if I study, I promote (in a direct
way) the basic good of knowledge and maybe (in a remote way) the basic
good of family life. If I meet with my friend, I promote the basic good
of friendship. These things are basic goods because they are not
good because of something further.
- Free will, according to
Thomas, comes in when I think I see different (basic) goods, some of which
are served by one option and others by another, and I must choose between
them. Should I play videogames or study? One leads to the basic good of
rest and the other to the basic good of knowledge…
- Our nature involves natural
inclinations, which are inclinations to fulfillment of our purposes. What
I just said about choices shows that the good is involved in
choices. The will—namely, what I choose with— has the good as its
natural purpose, and indeed a basic good. Recall that when something is
working properly, it has inclinations to follow out its purposes. Thus,
when we are working properly, we have an inclination to choose the
good—this inclination we can call “love for the good”—and to avoid evil.
- This inclination is natural,
namely one which fits the network of purposes in the human being. Not to
have such an inclination would be unnatural.
- We may also have unnatural
inclinations. Some people have an urge to mutilate themselves, for
instance.
4. According to Thomas (I-II,
94, 2), this is the first of the first principles of practical reason:
(1) “good is to be done and pursued, and evil is to be avoided.” Everyone who
reflects on how we choose realizes this. This explains the function of our
will. It is something that does not need a proof from other principles: We
just see it to be true when we reflect on what choice is and how it works. It’s
something Thomas says is self-evident.
- These principles are a part of
what Thomas calls “natural law”.
- But there are other natural
inclinations in things, and other natural purposes. First of all, Thomas
says that everything that exists tries to keep itself in existence. Certainly
this is true of biological things. (And even a stone, one might say, resists
destruction to some extent.) Continuing existence is a natural
purpose of every thing that exists. Thus, it is one of our natural
purposes. Our life is a basic good, something we naturally strive
to preserve. So, another first principle of “the natural law” is (2)
“whatever is a means of preserving human life, and of warding off its obstacles.”
(II-II, 94, 2.)
- Note that one can’t realize
that one’s own life is a basic good without realizing that the life of
someone else is one as well.
- The “natural law” is whatever
we can derive from the first principles of natural law. It is something
grounded in our human nature, meaning the natural purposes of
human beings. Thomas defines “law” as something ordained by reason for
the common good. Now, natural law is ordained by reason, because our
reason recognizes that the basic purpose of the will is to seek the good,
and our reason recognizes what the goods are. Moreover, it is directed
at the common good, because we recognize that what is good for us
is not better than what is good for others just because it is good for us.
Our life is not more valuable than the life of others.
- So, everything has a tendency
to preserving its existence. In fact, existence is itself a good. There
is also in the human being a natural inclination that the human being
shares with all other animals. This is the inclination to reproduce and
bring up offspring. Thus natural law (3) deals with reproducing and
bringing up offspring. Reproduction is a basic good as is the education
of offspring which makes the offspring good. It is thus a good that is
worthy of pursuit in general, though of course there might be concrete
circumstances in which it is not to be pursued.
- Also, there is something that
human beings do not have in common with animals. This is the urge to understand.
We wonder about things. We may wonder how this amazing world came
to exist, and we read articles in magazines, books, etc. that we think may
help us. We would like to know if there was a Big Bang, for instance; if
evolution really happened; if…. We want to understand all this. We are
curious about it. We do not just want to know how this world came to be
as it is because it will help us get ahead in our daily life. Knowing
whether there was a Big Bang isn’t going to help us get ahead.
- The urge to understand things
is also found in more humdrum settings. We see some mechanical device and
want to know how it works. Maybe we want to know it because we’re
engineers and want to make ones like it, but I think often we just want to
know how it works, because it would be neat to know. We have this
inclination to understand things. Understanding things is a basic
good.
- Moreover, not all animals have
an inclination to live in community. We do. Human beings are naturally
political animals. This is clear if we reflect on our purposes in life:
they are not purely individual. We would not be happy alone. We
recognize the value of friendship, for instance. Living in society
together is a basic good, and we have an inclination to it.
- We recognize that we are parts
of humanity, and that the natural purpose of a part is directed towards
the good of the whole, that is, of everyone else.
- Thus: (4) “whatever pertains
to this inclination [the specifically human inclination to understand and
live together] belongs to the natural law; for instance, to shun
ignorance, to avoid offending those among whom one has to live, and other
such things regarding the above inclination” (II-II, 94, 2).
- Everybody who understands what
the good is and what offending others (say) is understands it is bad to
offend others. These first principles are self-evident to us, according
to Thomas.
- This list of first principles
may not be exhaustive. There may be other basic goods. Other moral
principles are derived from these. We’ll look at two specific cases later
on. The principles derived from these will be known as second
principles. For instance: Do not kill innocent people or Do
not lie.
6. Thomas thinks the natural law
is the same in all of us. The reason for this is that the natural law is due
to our nature, and our nature is what defines us as human beings. All
human beings have the very same nature. However, we find ourselves in
different circumstances, and how we promote various basic goods depends on the
circumstances.
- Moral commandments come in two
sorts. There are prohibitive ones. These tend to apply always in all
circumstances: Do not set out on your own to deliberately kill innocent
people. Do not artificially contracept. These kinds of
commandments prohibit an action that is directly opposed to a basic good.
The action sets out to directly destroy a basic good, to stop a process
directed at a basic good: to kill or to thwart natural human reproduction,
whereas both life and reproduction are basic goods. What is directly
opposed to a basic good is wrong.
- But there are also positive
moral commandments: Do help preserve other people’s lives. Do help the
human race multiply. These kinds of commandments apply in rather different
ways in different circumstances. For instance, not everyone is called to
be a doctor, but some are called to preserve life through being soldiers
defending a country, police officers protecting the public peace, etc. And
according to St. Thomas, not everyone is called to help the human race
multiply by actually marrying and having children—a celibate parish priest
will instead help the human race multiply by encouraging married couples
in a life of virtue and by helping to educate the young.