NATURAL LAW ETHICS

OUTLINE A law must be  Legitimate authority has a right to rule

I. What is Law? ENACTED BY A that entails an obligation of obedience on
A. The nature of law LEGITIMATE the part of those who are subject to their
B. Elements of law AUTHORITY authority
II. Natural law A law must be for 8. Common good refers to the sum
A. Nature of moral law
COMMON total of the human society’s
B. Notion of moral law
C. Characteristics of moral law GOOD political, economic, social and
D. Types of moral law moral benefits.
III. Natural moral law
IV. Natural law doctrine II. NATURAL LAW
V. Concept of natural law
A. Traditional concept A. NATURE OF MORAL LAW
B. Concept of nature
C. Two types of end
9. If a man has been given an objective final end by the
D. Aquinas’ view
E. Revised concept of natural law Creator, he is under obligation to make this his.
F. Universality of natural law 10. Subjective End
G. Immutability and Dynamics 1. He has to strive after it.
H. Immutability of Natural law 11. Objective End
I. Dynamics 1. To be with our Creator
J. Indispensability of natural law
12. Man has to follow the MORAL ORDER thru the MORAL
K. Personal and Situational character
VII. Existence and ultimate basis of natural law LAW
A. Natural law as reflection of God’s eternal decree 13. Norms and Laws
B. Natural law as being based on the order of being 1. Are often burdensome and limits man’s freedom
VIII. Examples of application of ethical principles under the because man tends to contradict and resist them.
natural law 14. Ordinarily and Primarily
A. Principle of double effect 1. Moral law is unwritten
B. Principle of totality 15. Secondarily
C. Principle of stewardship
1. Compiled and written, verbalized time and again,
D. Principle of inviolability of life
E. Principle of sexuality and procreation representing the accumulated wisdom of the ages.
F. Informed consent
B. THE NATURE OF LAW
I. WHAT IS LAW?
Table 2. Nature of Law
1. In Bioethics or Ethics, there are two norms of moral Broad Meaning (Universal) Narrower Meaning
actions recognized: 16. Always good 19. Directive of
1. Natural Law 17. A directive ordering obligatory, general
2. Conscience man’s activity and stable
towards the character, ordering
A. THE NATURE OF LAW ultimate end. man’s activity
18. Comprises towards the
2. “LEGAL” definition common laws ultimate end.
1. A consistent set of universal rules that are widely concerning all men (Normative)
published, generally accepted and usually enforced. or groups of men.
3. “LEGAL AND MORAL” definition by St. Thomas Aquinas
1. An ordinance of reason promulgated by a duly
constituted authority for the common good of the C. CHARACTERISTICS OF MORAL LAW
society.
20. Must contribute to the realization of the final goal,
B. ELEMENTS OF LAW otherwise it has no moral force binding the will.
21. Must not result in frustration of the ultimate goal,
Table 1. Elements of Law otherwise it is morally evil and its observance
Elements Characteristics unlawful.
A law is an 4. Compels people to follow
ORDINANCE 5. Violation calls for disciplinary D. TYPES OF MORAL LAW
measures.
A law must be 6. Humanly enforceable and not
REASONABLE abhorrent to human sensitivities,
values and cultures.
A law must be 7. Legislated or enacted and must Table 3. Types of Moral Law
PROMULGATED be known by constituents. Types Characteristics
Eternal or 22. One cannot understand the 3. Moral order which arises from the nature of man and
Divine Law meaning of Natural Law, unless he creation and which can be recognized by man’s
knows first the meaning of Eternal reason.
or Divine Law. 4. Totality of duties imposed by God upon man, which
23. “Divine will or command” that man can know through human reason. (Monge)
directs all actions and movements 38. Synonyms:
in the universe – commands that 1. Themistic Ethics = after St. Thomas Aquinas.
the natural order of things be 2. Scholastic Ethics = after the brilliant, moral
preserved and forbids that it be teachings of a group of scholars known as
disturbed Scholastics or Schoolmen.
24. All in the physical world follow the 3. Christian Ethics/Roman Catholic Ethics = Insofar
natural order in the universe and as the church’s contemporary versions of the theory
disturbing the natural order in the of most elaborations and interpretations of St.
universe can create irregularities Thomas Aquinas’ basic ethical precepts.
or deformities 4. Natural Law Ethics = manifested by the natural
25. Conceived in eternity, applicable to light of human reason, demanding the preservation
all in the universe, and therefore of the natural order and forbidding its violation.
called eternal or divine law
Natural 26. Moral order which arises from the IV. NATURAL LAW DOCTRINE
Moral Law nature of man and creation and
which can be recognized by man’s 39. The basis of a moral order of universal character
reason. 40. The only adequate safeguard against arbitrary exercise
27. Its origin—Divine Natural Law—is of political and legislative power.
ultimately traced back to the will of 1. The final court of appeal
God who created nature and willed
the laws of resulting from it.
V. CONCEPT OF NATURAL LAW
Revealed 28. Norms contained in the Holy A. TRADITIONAL CONCEPT
Moral Law Scriptures.  Catholic concept
29. They spell out obligations of  The law of human conduct which arises from Human Nature
natural law in order to clarify them. as ordered to its ultimate natural end and which is
30. Noteworthy features: high regard recognized by the natural light of reason
for the human persons 1. Reason alone: Human nature not elevated by
31. E.g. Ten Commandments grace
Human 32. Immediate source of origin is 2. Law of Christ: reason aided and
Positive human authority. supplemented by faith, human nature, as
Law 33. May affirm obligations of natural elevated by grace
law, yet in many instances,
contains regulations which are not B. CONCEPT OF NATURE
direct requirements of natural law,  What is exactly the HUMAN NATURE as the source of the
but to a certain extent depends on moral order?
the free, though reasonable, will of  IDEAL NATURE
the giver. 3. Devoid of possible biologism, psychologism
34. Judicious will of the legislator and sociologism
4. They are immutable
III. NATURAL MORAL LAW  FACTURAL NATURE
5. Comprises all the physiological, biological,
35. Consists of moral insights which Man is able to know by psychological and sociological structures and
means of his reason, independently of the verbal mechanisms in which human life exists and
revelation of God. unfolds
36. Found in the nature of Man.
 CHANGEABLE
37. Definitions:
6. Accordingly, only the ideal essence or nature of
1. Man’s participation in the eternal law that commands
man can serve as the source of moral law
that “the natural order of things be preserved and
prohibiting that it be disturbed”
C. 2 TYPES OF ENDS
1. Governs man’s behavior, action or conduct
 Messner: to reconcile the ideal and factual nature of man
distinctly under the purview of right and wrong.
 Existential end
1. Found in the nature of man
7. Self-preservation
2. Can be recognized by man’s reason
1. Including bodily integrity and social respect
2. Moral insights which man is able to know by means
8. Self-perfection
of his reason, independently of the verbal revelation
1. Including enlargement of experience and
of God = found in the nature of man.
knowledge
9. Improvement of conditions of Life
 10. Procreation & Education of Children Concern & 1. universal
Care for spiritual & material welfare of one’s 2. these are the truths which exist and are operative
fellowmen social fellowship for the promotion of even if not known by men
common utility 3. Concrete Knowledge
11. Commitment to goodness and value in its 1. varies and influenced by physical and biological
absolute, transcendental form, especially union level
with God through worship of Him
2. Empirical Fact: Energies of the human body are limited; if taxed, Primary principles of natural law
exhaustion will lead to breakdown and even death 42. These are norms which can be known with certainty by
3. Moral demand: Avoid an over-exertion of energies in order to every normal man in possession of his reason
preserve one’s health and life 43. The most important principle of natural law
4. Ultimate end 44. “The known good must be done and evil must be
1. The concrete, final destiny of Man avoided.”
2. One and the same for all Man and Divine
5. Conclusion Secondary principles of natural law
1. Nature alone can never be the source of all the 45. · Are those further conclusions of natural law which are
moral order, but only in combination with the requirements of less universally known and more readily subject to error?
the ultimate end 1. Proximate
2. God provides the framework (The master plan) 1. Enjoys a wider range of acceptance and are
3. Man provides the details for the more readily agreed upon
accomplishment of the plan, through reasons 2. Remote
1. Requires a more advanced understanding of
D. AQUINAS’ VIEW the nature of men are often discerned only
 The source of the moral law is reason itself under great difficulty.
 In its operation, reason recognized the basic principle of DO 2. Examples: polygamy, suicide bombing, etc.
GOOD, AVOID EVIL 3. Uncertainties in the teachings of the church
 Derived principle: Beneficence and Non-maleficence 4. In the matter of morals, as in other professional
 Syneresis matters, the non-specialist acts irresponsibly by
2. The inherent capacity of every individual, lettered or following the trusted expert.
unlettered, to distinguish the good from the bad
1. Voice of reason or voice of conscience General Moral Principles of Relationship
1. The moral law is the dictate of the voice of
reason 46. Guides man in sustaining and preserving basic
2. This dictate is expressed in the moral relationship with God, fellowmen, himself, and creation
principle (Ten Commandments).
2. Man’s threefold natural inclincation 47. Derived principles:
1. Self-Preservation 1. Stewardship and Creativity
2. Just dealing with others 2. Inviolability of Life
3. Propagation of our species 3. Responsible Parenthood

E. REVISED CONCEPT OF NATURAL LAW Remote Principles

 The law of human conduct which arises from the full reality of
human nature as ordered to its ultimate end, and which is 48. Inferences derived from philosophical and theological
recognized by means of reason, independent of positive reasoning and other deep human reflections based on
Christian revelations some moral or ethical principles or concepts:
 This refers to: 1. Freedom of religion, etc
3. The full reality of human nature with all its generic 2. Abortion
and individual traits, as well as to the nature of all 3. Euthanasia
those beings to which man’s activity is related 4. Gay marriages
4. Those modifications of nature which are affected by 5. Polygamy
Christ’s redemptive work, not only in the baptized 6. Suicide and suicide bombing
but in all and includes that share in grace which all 7. The new technology – embryonic stem cell
Man possesses research, transsexual surgery, etc

F. UNIVERSALITY OF NATURAL LAW G. IMMUTABILITY AND DYNAMICS

49. VATICAN II: “Beneath all that changes, there is much
41. Binds every man at all times and in all places, since by which is unchanging. Permanence and historicity alike
the very nature of man, all men have the same ultimate characterize the nature of man and his world.”
end, the same essential ends.
H. IMMUTABILITY OF NATURAL LAW
50. Means that as soon as human beings endowed with
Extent of the universal knowledge of law
reason had appeared, certain fundamental norms
2. Objective Reality Of Natural Law concerning good and evil emerged from their nature, and
these will exist as long as human nature exists.
 51. There is a constant in human nature which remains individuals and as members of society to pursue and fulfil
throughout all historical and cultural change. their total vocation.”

I.DYNAMICS Moral Law as Consequence of God’s Plans and

52. However, in the moral sphere, men have to learn by trial Decrees
and error and by patient scientific effort conquering
ignorance of the rights and laws. 73. The existence of a divine plan for this world involves the
existence of a law or order in nature that makes the
53. Examples: freedom of religious rights, etc.
realization of this plan feasible and that guarantees it
1. Man, himself and the conditions of existence
change. B. NATURAL LAW AS BEING BASED ON THE
2. Inward: intellectually, psychologically, spiritually
ORDER OF BEING
3. Outward: physically, changes in man’s environment;
cave man to modern man
J. INDISPENSIBILITY OF NATURAL LAW General Implication of the Axiom:
“Action Follows Being”
54. Natural law exists independent of men’s assent
55. The power which created man and claims Him,
unconditionally is God. 74. The quality of an action is determined by the quality of
56. The origin of the order of natural law is God the being which is the cause, or that a thing acts
57. Violation of natural law is usurpation of a right man does according to its nature.
not possess.
58. Exception: God’s intervention Application to Human Activity
1. God’s command to Abraham to sacrifice his son
Isaac.
59. Epikeia: In natural law 75. Man must act in harmony with his nature
1. Certain exceptions from human laws, made from 76. The law of human action is determined by human nature,
private authority in some particularly difficult case. and this is conversely true for all human actions.
2. Ex: Lying is wrong—but lying to preserve a person’s
life, may be justified. VIII. EXAMPLES OF APPLICATION OF ETHICAL
PRINCIPLES BASED ON THE NATURAL LAW
K. PERSONAL AND SITUATIONAL CHARACTER A. PRINCIPLE OF DOUBLE EFFECT
60. Natural moral law derives from the nature of man and his 77. This applies to a situation in which a good effect and an
ultimate end, which are common to all men evil effect will result from a good cause.
61. Beyond their common nature, humans also possess 78. A good action which will yield 2 effects: a good and an
individual properties and talents, which make up their evil one
personal, unique nature.
62. Shift of accent from “Human nature” to “Human Person”
63. All morality has also situational elements of historical,
cultural, social, and other nature. B. PRINCIPLE OF TOTALITY
64. Different circumstances may require different answers
VII. EXISTENCE AND ULTIMATE BASIS OF NATURAL 79. An individual has the right to cut off, mutilate or remove
any defective or worn our non-functioning part of his
LAW body, only in so far as the general well-being of the body
A. NATURAL LAW AS REFLECTION OF GOD’S requires it.
ETERNAL DECREE 80. Ex: amputation of gangrenous leg, human
experimentation, etc.
Christian Notion of Divine Decrees
C. PRINCIPLE OF STEWARDSHIP
65. God is the Creator of the world. He knows the all-
embracing end of the whole world to share in His divine 81. Human life comes from God and no individual is the
goodness and to manifest His glory. master of his/ her own body
66. By His decrees, he settles that all things shall be created 82. We are just mere stewards
in such a way and with such abilities that through their 83. Protect and cultivate spiritual and bodily functions
appropriate activity they are able to contribute to the 84. Safeguard our dignity
divine plan. 85. Ex: Euthanasia, suicide

Existence of Divine Plans and Decrees D. PRINCIPLE OF INVIOLABILITY OF LIFE

86. Life is God’s and has been loaned to us

67. From the Holy Scriptures, God has a very well-defined 87. Life is inviolable and sacred
plan for this world and above all for mankind 88. Only God has the complete control and dominion over
68. Aimed in God’s glory and universal reign and in the life, our duty is to take care of it until God takes it back
salvation of mankind from us
69. Job 28; 20-27 89. Ex: Use of extraordinary measures to lengthen life of a
70. Prov. 8: 14-36 patient: life support apparatus
71. Bar. 4:1
72. Thus, the norm of human activity is to “harmonize with
the authentic interests of the human race, in accordance E. PRINCIPLE OF SEXUALITY AND PROCREATION
with God’s will and design, and to enable men as
90. Underscores a two-fold purpose of sexual union:
 1. Procreation and nurturing of children
2. Expression of the loving union and companionship
91. Violation:
1. Abortion – the fetus is a person with all the rights of
a person.
2. Use of contraceptives

F. INFORMED CONSENT

92. Always required for medical experimentations.

REFERENCES

93. Batch 2020 Ethics 3 Trans 1.02 Natural Law Ethics

94. Dra. Carandang’s Powerpoint presentation