Natural Law Theories

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show that this consensus is (...) premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as (...) the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

I present the strict definition of intended effects and pose two questions for its critics: Apart from rationalizing moral intuitions about the craniotomy and other controversial cases, why classify an effect as intended if it does not explain the action? What definition of intended effects can people use to guide their actions? These questions show that broad definitions of intended effects have no basis in action theory and are too vague to guide people’s actions. I suggest that broad definitions seem (...) plausible because people confuse what someone intends and what someone is responsible for causing. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural Law (...) without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the sociological relevance (...) of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

The purpose of this paper is to scrutinize the precepts of the natural law and, in particular, their metaphysical and epistemic relationship to human nature, rationality, theology, tradition and practices. My account of the natural law is based on Alasdair MacIntyre’s approach, however, since his claims regarding the dependence or independence of the natural law from the notions listed above might often seem ambiguous, I engage in a reconstruction both of how it is most plausible to read MacIntyre’s claims concerning (...) this topic, and how it is most plausible to conceive the natural law. MacIntyre basically argues that we can conceive the precepts of the natural law as the precepts of rational enquiry that we need to pursue in order to overcome the one-sidedness of our beliefs. I take this line of argument for his account of the natural law successful and ask the question what place the established norms have. As MacIntyre argues that all standpoints imply at least an implicit, even if not explicit, adherence to the authority of the natural law in virtue of their claim to truth, I argue that regardless of the exact content of our practices and beliefs regarding human nature, traditions and religion, we could know the basic requirements of the natural law. This is true even if the natural law itself is metaphysically dependent on human nature or on God. However, certain practices and beliefs can either shed more light or obscure the precepts of the natural law, hence it is important to learn from various traditions, religions, practices in a shared enquiry whose norms aspire to follow the actual precepts of the natural law as closely as possible. Supported by the ÚNKP-19- ÚNKP-19-3-III-PPKE-24 New National Excellence Program of the Ministry for Innovation and Technology. (shrink)

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical framework. (...) And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

On the Law of Nature is at once a traditional and eclectic treatise of moral philosophy by one of the sixteenth century's most widely read Protestant authors. Niels Hemmingsen, the "Teacher of Denmark," was a Danish humanist and theologian who studied with the "Teacher of Germany," Philip Melanchthon, at the University of Wittenberg. Hemmingsen went on to serve as a professor at the University of Copenhagen--first of Greek, then of dialectic, and finally of theology. He wrote voluminously on method, theology, (...) exegesis, homiletics, and ethics.In this treatise Hemmingsen argues that all particular rules of ethical conduct can be derived from immutable axioms or first principles. Though moral philosophy works according to its own rules, Hemmingsen shows that its conclusions, far from being at odds with the divine revelation of the moral law, are identical with the ethical commandments of Scripture. Thus Hemmingsen includes a section on the Decalogue, along with a lengthy account of the traditional cardinal virtues, supported by a myriad of quotations from classical Greek and Roman sources. This important treatise looks both backward to classical and medieval philosophy and forward to developments in the seventeenth century and beyond. (shrink)

As Christians, we affirm that Scripture is our supreme guide to truth and righteousness. Some wish to go further and assert that it is our only guide. But how then can we account for the remarkable insight and moral integrity that many unbelievers seem to display? Indeed, how to account for the myriad ways in which believers themselves navigate the world based on knowledge and intuition not always derived from Scripture? Enter the doctrine of natural law. Frequently misrepresented as an (...) assertion of the autonomous power of human reason or as a uniquely Roman Catholic doctrine, natural law has actually been an integral part of orthodox Christian theology since the beginning, and is even clearly asserted in Scripture itself. In this brief guide, David Haines and Andrew Fulford explain the philosophical foundations of natural law, clear up common misunderstandings about the term, and demonstrate the robust biblical basis for natural law reasoning. (shrink)

This book offers a critical survey of the origins of liberalism. It challenges the widely-held belief among philosophers that liberalism developed in opposition to religion. Beginning with the Protestant Reformation, it illustrates how Christian thinkers reinterpreted Christianity and used a set of biblical presuppositions from their reinterpretations to develop the first liberal ideas, starting a process that culminates in the birth of the first systematic liberal political philosophy in the writings of a Christian philosopher, John Locke. -/- Foreworded by Michael (...) A. Gillespie, the author of The Theological Origins of Modernity, this book explains how the Protestant Reformation, covenant theology, anti-trinitarianism, and medieval Christian natural law theories formed the foundations of liberalism. Thus, the main argument of this book is that liberalism is better understood as a socio-political project of theistic rationalism, a radical reinterpretation of Christianity that emerged in the post-Reformation and early modern period. (shrink)

As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we (...) are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ‘it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)

Extended review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach by Craig Paterson. Ashgate, 2008.

The opening essay of Emerson’s 1860 book, The Conduct of Life, posed, in that fateful year of threatening Civil War and disunion, the philosophical problem of human freedom and fate. The essay “Fate” is followed in the present book by a series of essays on related themes, including: “Power,” “Wealth,” “Culture,” “Worship,” “Beauty” and “Illusions.” The central question of the volume is, “How shall I live?” Appreciating both our freedom and its limits, we understand the vitality of power to acquire (...) what wealth is needed to scale the corrections and heights of culture and worship, find beauty in life and human society, wary still of the illusions. Overall, the book is a call for creative solutions. Yet the nation, in the year of Abraham Lincoln’s election, seemed fated to war or disunion in spite of all its dedication to freedom. (shrink)

Though Kierkegaard's ethic in "Works of Love" frequently has been a target of harsh — and often uncharitable — criticism, a number of recent treatments have sought to defend both its viability and its relevance to the contemporary discussion. Increasingly, the literature is replete with interpretations that situate it within the traditions of virtue ethics and/or divine command theory. I evaluate these readings, focusing primarily on the issue of moral obligation in Kierkegaard's writings. I argue that both the virtue and (...) divine command interpretations are deficient, though Kierkegaard's ethic indeed shares significant points of contact with both traditions. I explicate and defend an alternative account of moral obligation that seems to me most to warrant the label, "Kierkegaardian," and attempt to expand the view, taking Kierkegaard's ethic as a foundation upon which to build a theoretically rigorous account of moral obligation. The resulting view, I argue, captures the best of both virtue ethics and divine command theory, while avoiding the most serious problems of each. (shrink)

Whether the law should permit voluntary euthanasia or physician-assisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain 'hard cases', voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a 'slippery slope' to the killing of patients who did not make a free and informed request, or for whom palliative care would (...) have offered an alternative. How cogent is this objection? This book provides the general reader with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest all in any country whether currently for or against legalisation, who wish to ensure that their opinions are better informed. (shrink)

If one accepts a version of absolutism that excludes the intentional killing of any innocent human person from conception to natural death, ectopic pregnancy poses vexing difficulties. Given that the embryonic life almost certainly will die anyway, how can one retain ones moral principle and yet adequately respond to a situation that gravely threatens the life of the mother and her future fertility? The four options of treatment most often discussed in the literature are non-intervention, salpingectomy (removal of tube with (...) embryo), salpingostomy (removal of embryo alone), and use of methotrexate (MXT). In this essay, I review these four options and introduce a fifth (the milking technique). In order to assess these options in terms of the absolutism mentioned, it will also be necessary to discuss various accounts of the intention/foresight distinction. I conclude that salpingectomy, salpingostomy, and the milking technique are compatible with absolutist presuppositions, but not the use of methotrexate. (shrink)