Transcript Natural Law - SUNY Maritime College

Today’s Assignment
Religion & Military Ethics (Divine Law)
• EMP (4 Pages)
– Religion and Military Ethics (Lucas),
pp. 97-98; Religion and Morality:
Exploring the Connections (Cook),
pp. 99-103; Abraham’s Obedience
Test, p. 135.
• CSME (9 Pages)
– A Sailor’s Request for Abortion Case
(Rubel), pp. 167-169; Altering the
Uniform (Gunther), pp. 171-176.
Objectives from reading:
Religion in the Military
(Divine Law)
What are differences &
similarities between
ethics based on divine
command and ethics
based on natural law?
What are the possible
tensions between divine
command & legal rules
and obligations? (Give
an example of such)
Are these tensions
resolvable?
If yes: How?
If no: Why not?
Patton
Religion & Ethics
I.
Divine Command Theory - The Role of
Religious Beliefs in Moral Reasoning
II. Religion in the Military
Hadithah, Iraq (Nov. 7, 2006) - U.S. Navy chaplains assigned to 2nd Battalion, 3rd Marine
Regiment (2/3) and Regimental Combat Team 5; the battalion commander and sergeant
major of (2/3); and security teams from the Iraqi army visit South Dam Village in Haditha,
to meet with its religious leader. U.S. Marine Corps photo by Sgt Jason L. Jensen
Does God Fit In?
???
Your
Your Official
Personal
Obligation
Morals
Constitution
Mission
Service
Ship/Unit
Shipmate
Self
HOW DO OUR OWN BELIEFS AFFECT OUR INTERACTION
WITH OTHERS, AND OUR DECISIONS AS LEADERS?
The Importance of
Religion in Ethics
• Isn’t ethics, after all, founded on
religion?
• Don’t most individuals derive their moral
convictions from religious sources
Sociologically:
– a great many (over 50%) of armed forces
personnel would describe themselves as
religious
• Why not simply teach religious ethics?
• At very least, we must confront and
explain the relationship
The Dilemma of Conflicting
Duties
• Story of Abraham
• Conflicting religions, competing
interpretations of “divine commands”
Practical Problems
• Socrates’s dilemma with
Euthyphro:
– Is the Law righteous (just) because
God ordains it, or does God ordain it
because it is Just?
• Abraham’s problem:
– Religion does not always command
what seems morally right
• Knowledge and faith:
– How do we know with certainty what
God commands, and when (or whom)
we are to obey?
Important Contributions of
Religion to Morality (Cook)
• Religions powerfully influence the sort
of person one tries to become
(character)
• Religious belief offers a powerful
incentive to be moral
• Religion is a powerful argument against
relativism
– although religious beliefs may be
consistent with moral pluralism
• Religious convictions heighten the
moral sensibilities and interpretive
powers of most individuals
Guantanamo Bay, Cuba (Jan. 25, 2002) -U.S. Navy Lt. Abuhena Saif Ul Islam, a
Muslim Chaplain, speaks with a
congressional delegation touring Camp XRay.
Islam leads prayers five times a day for al
Qaida and Taliban detainees being held
there during Operation Enduring Freedom.
The Independence of Ethics
• Regardless of your own, personal motivations
(which may be religious), morality and the claims
of moral obligation must be sufficient to stand on
their own
– Non-believers are as obligated as believers
• Your religion may provide your reasons for
action, but moral actions must also be capable
of being justified by reasons beyond religion
Is this really true?
The Dilemma of
Naval Leadership
• As both a Naval Officer and a devout believer
in one of the recognized religious faiths…
– What happens when your devout religious beliefs
conflict with natural law, with UCMJ, or with lawfully
issued orders in the chain of command?
• As a Naval Officer, when you have men &
women under your command who themselves
encounter the dilemma above…
– What kind of counsel, leadership, advice, and example
do you set or give?
Case Study
A Sailor’s Request for Abortion
The Ethical Questions:
1.Should the Commanding Officer approve
or disapprove the chit?
2.What should be his considerations in this
reasoning process (primary consideration,
second, 3rd, ..)
3.Should he take into account his own strong
beliefs about abortion?
4.What would you do if you were the Captain
of this ship?
5.Do your religious beliefs in this area in any
way effect your decision?
6.What is wrong with allowing our religious
beliefs to guide us in our decision making?
Don’t we want our leaders to be moral?
http://www-nehc.med.navy.mil/hp/sharp/pregnancy.htm
Case Study:
The Christmas Party
“Sir, I feel awkward bringing this up, but for the past few
years, I did not feel I could attend the Command
Christmas party. I am not a Christian, and although
you have nothing at the party that worships Christ, it
is a Christmas party, and that is a problem with my
faith. I have not attended the party for the past 5 years
for this reason.”
“Well, I think I understand…
…But we have over 400 people attend each year and,
frankly, its one of the highlights of year for us. It really
raises the Command morale. CMC plays Santa, and
hands out gag gifts.
Last year he gave the CO a 3-foot rubber cell phone to
poke fun at his always being on the phone. Everyone
enjoys singing carols at the end. It’s really a lot of fun
and the entire command looks forward to it.
If we change the format or cancel the party I think
everyone will be disappointed”
Case Study:
The Christmas Party
1. What would you tell the C.O.?
• Your Recommendations?
2. How do you deal with her religious beliefs?
• Tell her to get over it; it’s one versus 400?
• Change the format or cancel the party?
3.
If you would not change or cancel the party:
• Is that fair to her to dismiss her religious
beliefs and imply that she cannot attend her
own command party?
• She is sincere in her beliefs…What if four
people approached you with the same
concern?
• What if 10, 25, 50 people approached you? At
what point do you consider the problem?
4. If you believe that you would change the
format, or cancel the party, remember; Over
400 people really enjoy this format each year
• Why change just for one person?
Dec. 10, 2006) - Southwest Asia 1st Class Petty Officer's
Association's president, Master-at-Arms 1st Class
Malika Derios hands out Christmas gifts to service
members from Camp Lemonier and Combined Joint
Task Force - Horn of Africa.
Sergeant York
Which approach was more effective?
We Were Soldiers
Altering the Uniform…
• What are the issues?
• Was the Supreme Court right? WHY
or Why not?
• Does our military oath limit our
religious freedom?
• What if other (lesser known) religions
attempted to impose changes to
military rules?
• How will you deal w/ similar issues?
What Are Your Concerns as a
Junior Officer?
•
•
•
•
•
Proselytizing
Discrimination
Command influence
Church and State
Imposition of “morals”
• Spiritual needs of
military members
• Respect for beliefs
• Freedom of Religion
• Alignment with
military values
• How will you balance these concerns in the fleet?
• Can you take an “Original Position Approach”?
• Should you?
Reading & Homework for Next Class
Natural Law
• EMP (15 pages)
– The Tradition of Natural
Law (Lucas), pp. 195-198;
from “Summa Theologica
(St. Thomas Aquinas), pp.
199-202; from The Ethics
of Natural Law (Harris),
pp. 203-209.
Objectives from reading:
Natural Law
Know difference between descriptive
(scientific ), prescriptive (natural and
divine), & human (civil, positive,
statue) laws
Comprehend Aquinas’ features of a
law, how natural law can be explained
in terms of moral standards and the 4
natural inclinations of human beings.
Comprehend the concept of “the
common good” vs. concept of
“greatest good for the greatest
number.”
Know & apply the Principle of
Forfeiture and the Principe of Double
Effect