Theology: Moral Theology

Theology: Moral Theology

Natural Law is a philosophic doctrine holding that there is a certain order in nature that provides norms for human conduct. This doctrine? received its most renowned form in St. Thomas Aquinas's “Treatise on Law?” a part of his Summa Theologiae. For Aquinas? natural law was humanity's “participation” 5 in the comprehensive eternal law. People could grasp certain self evident principles of practical reason? which corresponded to the various goods toward which human nature inclined. Natural law, was a standard, for human laws: unjust laws in principle did not bind in conscience.

Early modern political philosophers? especially Thomas Hobbes and John Locke? who successfully sought to displace the older teleological philosophy also employed the terms “natural law” or “law of nature?”5 but in a new sense. According to them? the source of natural law was not a set of naturally ordered ends of human well being and fulfillment? but an innate desire for self preservation. On this foundation? these theorists erected a new doctrine properly described as “natural rights.”

In so far as it specifies a universal standard? it provides a higher law than that of particular legal systems? and an external standard by which they may be judged. Liberalism? in particular? has been shaped partly by a tradition of natural prudence? in which the writings of Grotius? Pufendorf? Barbeyrac? Locke? and Adam Smith are particularly important.5 Contemporary political philosophy? characterized as the exploration of the political consequences of the human condition? may reject many of these understandings of the 'natural'? but can scarcely escape some depiction? however plastic? of the material of political life.

In prudence and political philosophy? a system of right or justice common to all humankind and derived from nature rather than from the rules of society? or positive law. The concept can be traced to Aristotle? who held that what was "just by nature"4 was not always the same as what was "just by law." In one form or another? the existence of natural law was asserted by the Stoics? Cicero? the Roman jurists? St. Paul? St. Augustine? Gratian? St. Thomas Aquinas? John Duns Scotus? William of Ockham? and Francisco Suárez.

The natural law standard? for judging the worth of government? was the effectiveness of the government in securing the natural rights of individuals. These rights were thought to exist prior to the people's establishment of their government? and all people were entitled to these rights by virtue of their humanity.4 All were bound to respect and abide by these natural rights because of their capacity to know and justify them through human reason.

Natural law? like justice? aims at universality and permanence. Operationally? like all law? it is duty-contradict? a series of moral prohibitions? permissions? and requirements. It proclaimed the union of morality and politics and emerged from an ancient worldview that saw a singular harmony in nature? manifested in the universal jus (or ius) gentium (international law). That universality? was subsequently incorporated? by Christianity into its conception of the divine ordering of all ...