St. Thomas Aquinas on Natural Law: Principles, Virtues, and Universality

Posted on Nov 28, 2024 in Philosophy and ethics

Natural Law: One or Many Provisions?

St. Thomas argues that there is a hierarchy of precepts of practical reason, with one main precept on which others are founded.

OBJECTIONS

  1. There seems to be only one.
  2. The inclinations of the concupiscible belong to Natural Law (which tends to well-being and rejects what is bad).
  3. Law belongs to reason, and this is only one.

CHANGING

Comparing the practical (moral) and speculative (knowledge), there are several unprovable principles (analytic propositions), self-evident to everyone or to the wise. In them, there is a certain order: The first principle in speculative [knowledge] is Tertia Exclusa (Aristotle). In practical [knowledge], it is “Good is what I like.” All results from it: that man must stay alive, procreate and care for creatures, know the true God, and live in society.

ANSWERS TO OBJECTIONS

  1. The first two objections have in common that natural law is reduced to a general norm.
  2. The third is that reason encompasses all dimensions of man, so within the unity of natural law, there will be several precepts.

Are All Acts of Virtue Part of Natural Law?

In general, we say that some acts are virtuous only because they pursue a particular good; thus, they are not natural law, as not all men agree on what is virtuous.

OBJECTIONS

  1. Not all acts of virtue are natural law. Temperance is a very particular order; therefore, not all acts of virtue are natural law.
  2. All sin is opposed to any act of virtue. If acts of virtue are natural law, then all sins are against nature, and this is attributed especially to some sins.
  3. Some acts are virtuous in some contexts and sinful in others; of course, not all virtuous acts fall under natural law.

CHANGING

St. John Damascene says that natural virtues are acts of virtue; therefore, they belong to natural law.

SOLUTION

As virtuous acts, all belong to natural law because man acts according to his disposition, and to act with reason is to act virtuously. Regarded as individual acts, sometimes our actions seek what is useful to live well, and then they are part of natural law.

RESPONSE TO OBJECTIONS

  1. Temperance is concupiscent as the common good of nature and the common moral good.
  2. The real sin against nature is sodomy, which goes against their animal nature.
  3. What is a sin in some people is not in others because the measure of things is different.

Is Natural Law the Same for Everyone?

The general principles are the same for everyone, but in terms of specific principles, there can be exceptions.

OBJECTIONS

  1. It is not the same for all. Not all obeyed the gospel; therefore, natural law is not the same.
  2. For Aristotle, it is not the same for everyone because the law is not equal in all cases.
  3. Not all men have the same inclination (honor, pleasure); therefore, there is no single natural law.

CHANGING

St. Isidore of Seville, in The Etymologies, says there is a single natural law.

SOLUTION

Compare again speculative and practical reason. Reason always operates from the general to the particular, but science deals with necessary things, and its principles, as well as individual findings, express a truth without exception. Instead, ethics deals with human actions. Therefore, even if universal principles are the same for everyone, there may be exceptions when applying them. For example, the Germans.

RESPONSE

  1. The Gospel is above natural law.
  2. Aristotle speaks of the just not in the order of general principles but on the conclusions, and sometimes he fails.
  3. All human actions should be governed by reason.

Can You Replace Natural Law?

St. Thomas proposes that natural law is changed by God’s command as well as by human laws. The logic is that secondary aspects of nature can change.

OBJECTIONS

MAY CHANGE

  1. Ben Sira said that the written law was given for the correction of natural law.
  2. There are cases in which God commanded to act against natural law.
  3. St. Isidore says that human laws have gone against natural law; therefore, natural law can change.

CHANGING

This is what is said in Decree, Provision 5.

SOLUTION

If change is meant to add something to the law, then it changes as time passes. But if change means to remove something, then NO, not in terms of general precepts, but the secondary aspects can change according to the particular circumstances that surround the implementation of the law.

RESPONSE TO OBJECTIONS

  1. The correction is because they corrupted the souls of men or to complete what was missing.
  2. God may command to kill someone without it being unfair, e.g., in cases of adultery or theft.
  3. Something is natural law for man by inclination or because nothing is said to the contrary regarding the possession of property and equality.

Can Natural Law Be Abolished in the Human Heart?

The fundamental precepts cannot be abolished, but in any particular case, a man might be hindered from applying the principles.

OBJECTIONS

YOU CAN ABOLISH IT FROM THE HEART OF MAN

  1. If the law is rewritten from original sin, then it is rewritten.
  2. If the law of grace is erased by sin, even more so is natural law.
  3. Men have established many things contrary to natural law; therefore, it can be deleted.

CHANGING

St. Augustine says it cannot be erased.

SOLUTION

The common precepts can not be erased, but in any particular case, if reason is affected by passion, evil desire, or bad company, it can be suppressed, etc., due to corrupt customs.

RESPONSE TO OBJECTIONS

  1. The fault obscures natural law in particular, not universally.
  2. Although grace is more effective, nature is more essential in man.
  3. This applies to secondary precepts and not to general ones.