Transcript Natural Law Theory

Natural Law Theory and Human Sexuality
Putting Nature in Natural Law
Natural Law Theory is based on the
assumption that there are objective facts
about human nature that can serve as the
ground for objectively true moral principles.
 Because of this, NLT is a value-based
moral theory, one that focuses our attention
on the value of the intrinsic characteristics
of human nature highlighted by the specific
version of NLT that is employed.
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Aquinas on Intrinsic Value
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The chief historical
proponent of NLT is
St. Thomas Aquinas
(1225-1274).
According to his
theory of human
nature, there are four
basic intrinsic goods.
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Human Life
Human Procreation
Human Knowledge
Human sociability
These four values
serve as the basis for
his NLT.
Basic Principle of NLT
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However we conceive of human nature and its
intrinsic value, the theory of right action
(TRA)of NLT is:
 NLT: An action is right if and only if (iff) in performing
the action one does not directly violate any of the
basic (intrinsic) values.
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Thus stated, NLT seems to straightforwardly
and non-controversially satisfy both the
theoretical and practical aims of Moral Theory.
But this picture is more complicated than it first
appears.
The Doctrine of Double Effect
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In many cases, a proposed action both potentially
protects one and violates another of the basic
values.
To deal with these cases, proponents of NLT rely
on the Doctrine of Double Effect.
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DDE: An action that would bring about at least one evil
and one good effect is morally permissible if and only if:
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Intrinsic Permissibility: action (minus effects) is
permissible.
Necessity: good effect requires the action.
Nonintenionality: evil effect is not intended
Proportionality: evil effect not out of proportion with good
effect.
Example: Ectopic Pregnancy
NLT in Context: Catholic
Teachings on Sexual Morality
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In a series of teachings (notably Casti Connubii
and Humanae Vitae), the Roman Catholic church
has spelled out the consequences of Aquinas’s
version of NLT for a range of human sexual
practices.
This is a particularly challenging area in which to
apply NLT, as the opening paragraphs of our
reading highlight.
Sexuality is clearly a basic and natural part of our
humanity, but the Church, for complicated
historical reasons, cannot merely affirm it as one
of the basic intrinsic goods.
What Type of Moral Theory?
Church teachings are further
complicated by the fact that in addition
to the NLT tradition, it also looks to
“divine law” as a justifying basis for its
theory of intrinsic value.
 This raises the specter of Divine
Command theory, which we have
already seen provides only dubious
foundation for MT.
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Guiding Principle of Catholic
Sexual Morality
Consistently, the church has argued that
human nature and the divine law point in
the same direction.
 From both perspectives, the specific
character and dignity of human sexuality
is grounded in marriage and “the finality
of the function proper to marriage,” in
other words, reproduction (43c1).
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Applications
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Premarital Relations?
 NO, “any human genital act whatsoever [must] be placed
only within the framework of marriage” (43c2).
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Homosexuality?
 Hell no! The propensity may be natural, but the act is
objectively evil, “Homosexual relations are acts deprived
of the essential ordination they ought to have” (44c2).
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Masturbation?
 Tempting, but no, “…masturbation is an intrinsically and
seriously disordered act” (44c2), once again because it is
counter to the finality that, according to the Catholic
tradition of NLT, is consistent with the intrinsic value of
sex.