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/ 16
CHAPTER III
NATURAL LAW
Chapter Objectives
After reading this chapter, you should be able to:
1, recognize how Thomas Aquinas made use of ancient Greek concepts to provide a
rational grounding to an ethical theory based on the Christian faith;
identify the natural law in distinction from, but also in relation to, the other types of
law mentioned by Aquinas: eternal law, human law, and divine law; and
3. _ apply the precepts of the natural law to contemporary moral concerns.
INTRODUCTION |
In October 2016, newspapers reported that Pantaleon Alvarez, Speaker of the House
of Representatives, was intending to draft a bill which would amend the country's Family
Code, thereby allowing for the legalization of same-sex unions. This would result in the
Possibility of two men together or two women together being identified as a couple with
rights guaranteed and protected by the law. However, as one newspaper report revealed,
even before anything could be formally proposed, other fellow legislators had already
expressed to the media their refusal to support any such initiative.’
The reasons given in the news article vary, ranging from the opinion that seeing two
men kiss is unsightly, to the statement that there is something “irregular” about belonging
+ fothe Lesbian, Gay, Bisexual, Transgender (LGBT) community, and to the judgment that two
people of the same sex being together is unnatural.
We are used to hearing people justify done something by making the appeal that
What they maintain is what is “natural and therefore acceptable. Likewise, people would
judge something as unacceptable on the basis that it is supposedly “unnatural” Thus, we
are no longer surprised when we hear people condemn and label many different things ~
as “unnatural”: maybe receiving blood transfusions, eating meat, or, as our news report
shows, engaging in sexual relations that one might consider deviant. We also realize that
sometimes we might find ourselves astonished or perplexed as to what different people
might consider“unnatural”
~ chapter Natal AS
og al cine lle In order to proceed, itis therefore necessary to ask:What do the words natural and
unnatural mean?" Sometimes, the word “natural” seems to be used to refer to some kind of
* intuition that a person has, one which is so apparently true to him that itis unquestioned,
For example, a woman may claim that itis simply “unnatural"to eat any kind of insect, ang
what this means is that she Personally finds herself averse to the idea of doing so. In other
instances, the word is used to try to justify a certain way of behaving by seeing its likeness
Somewhere in the natural world, For example, a man might claim that it is okay for him al
have more than one sexual Partner, since, in a pride of lions, the alpha male gets to: ‘mate with
all the she-lions. In yet other instances, the word “natural’is used as an appeal to something
instinctual without it being directed by reason. For example, a man may deem it all right if
he were to urinate just anywhere because after all he sees it as “natural” function of humans,
Lastly, we also easily find people‘using the word ‘natural" to refer to what seems common
tothem given their particular environment. For instance, aFil ipina may suppose that eating
three full meals of rice and ulam every day is what is “natural” because everyone she knows
behaves in that way.
;
1
Given these varied Meanings of the term “natural,’ we need to find a more solid and
‘nuanced way to understand the term. In this chapter, we will explore how Thomas Aquinas
Provides this, emphasizing the capacity for reason as what i
This understanding of human nature anchored on our
basis of the natural law ‘theory,
the moral status of our actions.
Capacity for reason will become the
2 theory which will provide us a unique way of determining
THOMAS AQUINAS
There have been various thinkers
history that could be said to
and systems of thought emerging throughout
Present a natural law theory. Among them, the one we will
as. It has to be recognized, howevet,
ion, which is his moral theory taken a
is part of a larger project, which is Aquinas's vision of the
the natural law theory, let us take a look at these contexts.
Christian faith. Before we turn tot!
THE CONTEXT OF THE CHRISTIAN STORY
The fundamental truth maintained and
the promise right at the center of the Christi
ultimately return to Him. The structure of hi:
trajectory of this story,
elaborated by Aquinas in all his works is
ian faith: that we are created by God in order?
is magnum opus Summa Theologiae follows the
There are three parts to this voluminous work. In the first part, Aquinas speaks of
God, and although we acknowledge that our limited human intellect cannot fully 9?
Him, we nevertheless are able to say something concerning His goodness, His might
His creative power. Recognizing then that we are created by God, we move on to the se
AG _ Ethics: Foundations of Moral Valuation.
= | ae
Thomas Aquinas (1225-1274)
Hailed as a doctor of the Roman Catholic
Church, Thomas Aquinas was a Dominican friar who
was the preeminent intellectual figure of the scholastic
period of the Middle Ages, contributing to the doctrine
of the faith more than any other figure of his time.
His Summa Theologiae, Aquinas's magnum opus, is
a voluminous work that comprehensively discusses
‘many significant points in Christian theology. He was
canonized in 1323,
Part, which deals with man or the dynamic
of human life. This is characterized by our
Pursuit of happiness, which we should
realize rests ultimately not on any particular
good thing that is created by God, but in
the highest good which is God Himself, Our
striving for this ultimate happiness, while
important, will not in itself bring us to this
blessed state. In other words, salvation is
only possible through the presence of God's
grace and that grace has become perfectly
incarnate in the person of Jesus. Thus, the
third part focuses on Jesus as our Savior.
Given that our concern here is the
question of ethics, it would seem clear
that what would be of greatest interest to
us is the second part or the section of this
story that centers on human life and its
striving toward God, However, bringing up
the notion that living a good life leads us
to God could easily be misunderstood as
a simple exhortation to obey certain rules
as given to us through Church doctrines or by following certain passages lifted randomly
from sacred Scriptures. In other words, we may fall into the danger of the divine command
theory, which we had explored in the first chapter. Instead, we should hope to find that
there is much greater complexity, but also coherence, to the ethics of Aquinas.
THE CONTEXT OF AQUINAS’S ETHICS
A full consideration of Aquinas's ethics would require us to explore his discussion of
other matters, such as how, in our pursuit of happiness, we direct our actions toward specific
ends. We might explore how emotions—“the passions”—are involved in this process, and
therefore require a proper order if they are to properly contribute to a good life. We might
explore how our actions are related to certain dispositions (often referred to as “habits") in
a dynamic way since our actions both arise from our habits and at the same time reinforce
them. We might explore his discussion of how we develop either good or bad habits with
@ good disposition leading us toward making moral choices, thereby contributing to our
Moral virtue, and a bad disposition inclining us toward making immoral choices, bringing
Us to vice. The Christian life, therefore, is about developing the capacities given to us by God
into a disposition of virtue inclined toward the good.
Chapter: NaturalLaw._ 47 ‘Aquinas also puts forward that there is within us a conscience that directs our moral
thinking. This does not refer to some simple intuition or gut feeling. For Aquinas, there is
a sense of right and wrong in us that we are obliged to obey. However, he also adds that
this sense of right and wrong must be informed, guided, and ultimately grounded in an
objective basis for morality.
So, we are called to heed the voice of conscience and enjoined to develop and
maintain a life of virtue, However, these both Tequire content, so we need something
more. We need a basis for our conscience to be properly informed, and we need a clearer
guidepost on whether certain decisions we make lead us toward virtue or vice Being told
that one should heed one's conscience or that one should try to be virtuous, does very little
to guide people as to what specifically should be done in a given situation. Thus, there is a
need for a clearer basis of ethics, a ground that will more concretely direct our sence of what
is right and wrong. For Aquinas, this would be the natural law,
We can recall how the ethical approach called the divine command theory urges
@ person toward unthinking obedience to religious precepts. Given the problems of this
simplistic approach to ethics, we can contrast how the moral theory of Aquinas requires the
judicious use of reason. In doing so, one's sense of right and wrong would be grounded on
something stable: human nature itself.
We will start by exploring how Aquinas restates the Christian message, making use
Of a philosophical vocabulary appropriated from the ancient Greeks, Wi
le then look at how
Aquinas speaks of the essence and also the varieties of law. From there, we will be able to
explore the precepts of the natural law.
THE GREEK HERITAGE
NEOPLATONIC GOOD
God creates. This does not only means that He brings about beings, butitalso means
that He cares for, and thus governs, the activity of the universe and of every creature.’ This
central belief of the Christian faith, while inspired by divine revelation, has been sh
defined by an idea stated in the work of the ancient Greek philosophe:
been put forward a thousand years before Aquinas. Hes credited for Givi
history of philosophy in one of its most compelling and enduring ide.
supreme and absolutely transcendent good.
vaped and
Plato, which had
ing the subsequent
"as: the notion of 9
In his work The Republic itis often supposed that Plato is trying to envision the ideal
society. But that plan is only a part of a more fundamental concern that animates the text:
which Is to provide an objective basis and standard for the striving to be moral. In othe!
words, itcan be said that Plato was trying to answer questions such as, "Why should tbat
trying to be good?" and “Why cannot ‘good’ be just whatever | say itis?” His answer, plac
4B Ethics: Foundations of Moral Valuation
Neste
j
|
|
| in the mouth of the main character Socrates, is that the good is real and not something that
‘one can pretend to make up or ignore.
Socrates, in discussing this, elevates the notion of the good to unprecedented
heights:
The Idea of the Good ne
Excerpt from The Republic?
Plato
Now, that which imparts truth to the known and the power of knowing to
the knower is what | would have you term the idea of good, and this you will deem
to be the cause of science, and of truth in so far as the latter becomes the subject
of knowledge; beautiful too, as are both truth and knowledge, you will be right in
ester ig this other nature as more beautiful than either; and, as in the previous
instance, light and sight may be truly said to be like the sun, and yet not to be the
sun, 50 in this other sphere, science and truth may be deemed to be like the good,
‘but not the good; the good has a place of honor yet higher.
‘You would say, would you not, that the sun is not only the author of visibility
in all visible things, but of generation and nourishment and growth, though he
himself is not generation? In like manner the good may be said to be not only the
author of knowledge to all things known, but of their being and essence, and yet
the good is not essence, but far exceeds essence in dignity and power.
Se
eaders of The Republic have long been baffled by this enigmatic passage and are
still Lying to figure out how exactly to interpret it. Rather than be dismissed, this idea of the
9004-2 good which is prior to all being and is even the cause of all being—will become a
source of fascination and inspiration to later thinkers even to this day.
In the next centuries after Plato's time, some scholars turned to his texts and tried
to decipher the wealth of ideas contained there. Because they saw their task as basically
clarifying and elaborating on what the great thinker had already written, these later scholars
often labeled as Neoplatonists.
Chapter: Natural Law 49 \ In the hands of the Neoplatonists, Plato's idea of the good, ea ae =
beings, becomes identified with the One and the Beautiful. This is the ul : ve a cl
isthe oneness that will give rise to the multiplicity of everything else in the c
beings have a single goal, which is to return to that unity.
The Good and the One
Excerpt from the Enneads*
Plotinus
Still, do not, | urge you, look for The Good through any of these other
if You do, you will sce not itself but its trace: you must form the idea of that
which is to be grasped cleanly standing to itself not in any combination, the unheld
in which all have hold; for no other is such, yet one such there must be.
things;
Now it is clear that we cannot possess ourselves of the power of this
Principle in its concentrated fullness: so to do one must be identical with it: but
some partial attainment is within our reach.
You who make the venture will throw forw.
ard all your being but you will
never tell it entire—for that,
you must yourself be the divine Intellect in Act—,
at your utmost success it will still pass from you or, r.
vision you may think to see the object entire
More, that you can take to mind you may set do
and
ather, you from it. In ordinary
in this intellective act, all, less or
wn as The Good.
It is The Good since, being a power, it is the c:
intellective life as of life and intellect; for these grow from it as from the source
Of essence and of existence, the Source as being One,
before it was nothing. All derives from this; itis the
which it does not possess and of the repose which
neither rest nor movement can belong to th:
could occur; center, object, ground,
Yet its Being is not limited; wh
hand, is it infinite
‘ause of the intelligent and
simplex and first because
Origin of the primal movement
is but its absence of nee:
‘at which has no place in which either
all are alike unknown to it, for itis before all.
at is there to set bounds to it? Nor, on the other
in the sense of magnitude; what place can there be
lor
to which it
‘must extend, or why should there be Movement where there is no lacking? All its
infinitude resides in its power; it does not change and will not fail; and in it all that
is unfailing finds duration.
6
Through Neoplatonists like Plotinus, the Pl.
well into the Chvistian Middle Ages, inspiring |
anew in a more personal way as a creative
latonic idea of the
ater thinkers and
and loving God,
90d would continue
allowing it to be thought ARISTOTELIAN BEING AND BECOMING
In Aristotle's exploration of how to discu
provide a way of understanding an
according to Aristotle, can be said to
85 beings, he proposes four concepts which
'y particular being under consideration. Any being,
have four causes.
First, we recognize that any being we can see around is corporeal, possessed of a
certain materiality or physical “stuff”
We can refer to this as the material cause. A being is
individuated—it becomes the unique, individual being that it is—
this particular stuff. Yet, we also real
bird is different from a cat, which is
particular kind can be called its for
because it is made up of
ize that this material takes on a Particular shape: so a
different from a man. The “shape” that makes a being a
m. Thus, each being also has a formal cause.
Four Causes
Excerpt from the Physics
Book Il Chapter 3; 194b17-195a5,
Aristotle
Now that we have established these distinctions,
Consider causes, their character, and number. Knowledge is the object of our
Inquiry, and men do not think they know a thing tll they have grasped the “why”
Of (which is to grasp its primary cause). So clearly we too must do this as regards
both coming to be and passing away and every kind of physical change, in order
that, knowing their principles, we may try to refer to these principles each of our
problems.
we must proceed to
In one sense, then, (1) that out of which a thing comes to be and which
Persists, is called “cause,” for example, the bronze of the statue, the silver of the
bowl, and the genera of which the bronze and the silver are species.
In another sense (2) the form or the archetype, that is, the statement of the
essence and Its genera are called “causes” (e.g., of the octave the relation of 2:1,
and generally number), and the parts in the definition,
Again (3) the primary source of the change or coming to rest; for example,
the man who gave advice Is a cause, the father is cause of the child, and generally
what makes of what is made and what causes change of what is changed.
Chapter i: NaturatLaw 51 Tahal for the sake of which” a thing is done,
Ch bout?” we
for example, health is the cause of walking about. ("Why ts he walking 2
say. “To be healthy” and, having said that, we think we have sssgned the cause) ¢
The same is true aso of allthe intermediate steps which are brought about ough
the action of something else as means towards the end, for example, re al a
flesh, purging, drugs, or surgical instruments are means towards health. ese
things are “for the sake of” the end, though they differ from one another in that
some are activities, others instruments.
This then perhaps exhausts the number of ways in which the term “cause
[Again (4) in the sense of end or
is used,
Of course, itis not a case of a being that is something which is already permanently
set as it is and remains forever unchanging. So in addition to describing a being, Aristotle
also has to explain to us the process of becoming or the possibility of change that takes
place in a being. A new pair of principles is introduced by him, which we can refer to as
potency and act. A being may carry within itself certain potentials, but these require being
actualized. A puppy is not yet a full-grown dog. These potencies are latent in the puppy and
are actualized as the puppy grows up and achieves what itis supposed to be. The process of
becoming—or change—can thus be explainedin this way. Understanding beings, how they
are and how they become or what they could be, is the significant Aristotelian contribution
to the picture which will be given to us by Aquinas.
SYNTHESIS
The idea of a transcendent good prior to all being resurfaces in Aquinas in the
form of the good and loving God, who is Himself the fullness of being and of goodness: 3s
Aquinas puts it, God is that which essentially is and is essentially good. So, we recognize
that all beings are only possible as participating in the first being, which is God Himsell?
God's act, ike an emanation of light, is the creation of beings
Insofar as God is that from which all beings come, tis possible for us to speak of Him
as the first efficient cause.’ Insofar as God is that toward which all beings seek to return, itis
possible for us to speak of Him as the final cause."°We see here the beginning of the synthes’
by noting how the Nedplatonic movement from and back toward the transcendent is fused
with the Aristotelian notion of causes.
It must be noted, though, that this is not some mec!
Itis God's will and love that are the cause of all things; to every existing thing, God will
some good." Creation therefore is the activity of the outpouring or overflowi 7 9 of
goodness. Since each being in this way participates in God's goodness, exch being Is"
some sense good. :
hanistic unthinking proces
52 __Ethi However, while beings are good because they are created by God, the goodness
possessed by being remains imperfect. "For Aquinas, only God in the fullness of His being
and goodness s perfect; all other beings are participating in this goodness, and are good to
that extent, but are imperfect since they are limited in their participation” But,
God did not create us to simply be imperfect and to s1
Instead, God, in His infinite wisdom, directs how we are to arrive at our perfection. The
notion of divine providence refers to
how beings are properly ordered and even guided
toward their proper ends this end, which is for them to reach thelr highest good, isto return
tothe divine goodness itself?
once again,
tay that way as He leaves us alone.
God communicates to each being His perfection and goodness. Every creature then
strives to its own perfection; thus the divine goodness is the end of al actions, all things
come from God and are created by Him in order to return to Him.
We now need to recall that beings are created by God ina Particular way. It is not
accidental how beings emerge into existence; each being is created as a determinate
substance, as a particular combination of form and matter. This applies to all beings,
including man.” The particular form determines the materiality which makes a being a
certain kind of being; the unique way that we have been created can be called our nature.
This nature, as a participation in God's goodness, is both good and imperfect at the
same time, Coming from God, it is good, but in its limitations, it has yet to be perfected,
This perfection means fulfiling our nature the best we can,
intended for us to be. We accomplish this by fulfilling or actu:
already present in our nature.
thus realizing what God had
alizing the potencies that are
While all beings are created by God in order to return to Him,
being is directed toward God is unique. Given that we are beings with a capacity for reason,
Our way of reaching God is by knowing and loving him." It is of key importance then that
the presence of a capacity for reason is the prime characteristic of the kind of beings we are,
and how that capacity for reason is the very tool which God had placed in our human nature
as the way toward our perfection and return to Him.
the way the human
This applies not only to an individual human being, but also to all humankind, But
Wwe should not forget how the whole community of being, which is the universe itself, ig
directed toward its return to God. This is not, as mentioned earlier, an unthinking process,
butis the very work of divine reason itself or God's will. We can think, then, of the whole work .
Of creation as divine reason governing a community toward its end, Under the governance
of the Divine, beings are directed as to how their acts are to lead them to their end, which
is to return to Him, We shall now try to understand this dynamic once again, but this time
think of it in terms of law. |
{
i
}
i
‘THE ESSENCE AND VARIETIES OF LAW
ESSENCE
As rational beings, we have free will. Through‘our capacity for reason, we are able
to judge between possibilities and to choose to direct our actions in one way or the others
Our actions are directed toward attaining ends or goods that we desire. We work on a
Project to complete it. We study in order to learn. My mother bakes in order to come up
with some cookies, Maybe my brother practices playing his guitar in order to get better at
it, It can also be as simple as the fact that | play basketball because | enjoy doing so. These
are goods, and we act in a certain way to pursue them, so goods are sometimes referred to
as the ends of actions.
There are many possible desirable ends or goods, and we act in such ways as to
Pursue them. However, just because we think that a certain end is good and is therefore
desirable does not necessarily mean it is indeed good. It is possible to first suppose that
something is good only to realize later that doing so was a mistake. This is why it is important
for reason to always be part of the process. Acts are rightly directed toward their ends by
Teason.'* But this does not simply mean that through reason we can figure out how to
pursue something that we already had thoughtlessly supposed to be good for us; what is
necessary is to think carefully of what really is in fact good for us.
In thinking about what is good for us, itis also quite possible that we end up thinking
exclusively of our own good. Aquinas reminds us that this will not do; we cannot simply act
in pursuit of our own ends or good without any regard for other people's ends or good.
We are not isolated beings, but beings who belong to a community. Since we belong toa
community, we have to consider what is good for the community as well as our own good.
This can be called the common good.”
What exactly the common good is might not always be easy to determine as there
are many variables to consider, such as the particular community we are thinking of or the
particular ends that the community is pursuing. But that need not occupy us right now:
What is of greater significance for us here is the recognition that, since we must consider not
Just our own good but also that of others, we cannot act in just any which way; there would
have to be some kind of measure to our acts. It is good for us to not simply be free to actin
whatever way we like. We should recognize the proper measure or the limits in our actions
that would allow us to direct our acts in such a way that we can pursue ends, both our own
and also that of others, together. The determination of the proper measure of our acts ca"
be referred to as law.
Using a simple example, we can think of traffic rules. A motorist cannot just drv€
in any way he likes, but must respect traffic rules. These rules seem to measure or place?
limit on his driving, for example, by placing a maximum speed he can travel on a particulat
54 __ Ethics: Foundations of Moral Valuation _ road. Such a limit or such a rule is something good, for both him and for others as it helps
prevent motor accidents. As Aquinas puts it, the law must regard properly the relationship
to universal happiness."*
A law, therefore, is concerned with the common good. In a way, making of a law
belongs either to the whole people or to a public person who has care for the common
good or is tasked with the concern for the good of the community or of the whole people.”
Consider some of these examples. Ona modest scale, imaginea student organization
of twenty members. Together, all the members decide that it would be best if they were to
meet on Friday afternoons or that they all had to contribute for lunch in their meetings. On
alarger scale, a teacher who is in charge of a class of forty students has to put some rules in
place so that things will go smoothly. Perhaps, she would maintain that students may not
just walk in and out of the classroom and that they are not supposed to chatter loudly with
their seatmates. The teacher imposes these rules not on a whim, but for the good of the
class. Ona still larger scale, city officials put up ordinances concerning, for example, garbage
collection, traffic schemes, or zoning to control building sites. Ideally speaking, these all are
done in view of what would be best for the community.
It is also necessary for rules or laws to be communicated to the people involved in
order to enforce them and to better ensure compliance. This is referred to as promulgation.
In an ideal sense, without considering the reality that sometimes rules are not Properly
thought out or seem to favor select persons or groups rather than the common good, we
can speak of law as a form of restriction and direction of human actions in such a way that.
the common good is promoted. Aquinas's own summary of this point is worth citing:“The
definition of law may be gathered; and it is nothing else than an ordinance of reason for the
common good, made by him who has care of the community, and promulgated’””
Now, in thinking about a community, what if we thought more grandly, not just a
small group, a class, a city, or even a country? What if we think of vast community which is
the entire universe and everything in it, or in other words, all of being? Is there Someone in
charge of this community, guiding all toward their common good and directing all with His
wisdom?
VARIETIES
We have noted earlier how God, by His wisdom, is the Creator of all beings. By saying
this, we do not only recognize God as the source of these beings, but also acknowledge the
way they have been created and the way they could return to Him, which is the work of His
divine reason itself. This includes the proper measure governing the acts of these beings.
Aquinas writes: “He governs all the acts and movements that are to be found in each single
Creature, so the type of Divine Wisdom, as moving all things to their due end, bears the
character of law" This line involves the assertion that the divine wisdom that directs each
being toward its proper end can be called the eternal Jaw.
ee ee =. ternal law refers to what’ God wills for creation, how each participant in it is
intended to return to Him: Given our limitations, we cannot grasp the fullness of the eternal
law. Nevertheless, it is not completely opaque to us. We must recognize that first, we are
part of the eternal law, and second, we participate in itin a special way.
Althings partake in the eternal law, meaning, all beings are already created by Gog
ina certain way intended to return to Him. Thus, we can find in them the very imprint ofthe
rule and measure'of the acts by which they are guided. These can be determined in the very
inclinations that they possess, directing their acts toward their proper ends.”
‘Therefore, irrational creatures (e.g,, plants and animals) are participating in the
eternal law, although we could hardly say that they are in any way “conscious” of this
law. Aquinas notes that we cannot speak of them as obeying the law, except by way of
similitude?? which is to say that they do not think of the law or chose to obey it, but are
simply, through the instinctual following of their nature, complying with the law that God
has for them. More appropriately, these creatures are moved by divine providence.
On the other hand, human being’s participation is different. The human being, as
rational, participates more fully and perfectly in the law given the capacity for reason. The
unique imprint upon us, upon our human nature by God, is the capacity to think about
what is good and what is evil, and to choose and direct ourselves appropriately. So Aquinas
writes:“Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination
to its proper act and end: and this participation of the eternal law in the rational creatures
called the natural law:*
Therefore, by looking at our human nature, at the natural inclinations given to us
by God, we can determine the rule and measure that should be directing our acts. These
are the precepts of the natural law, which we will study more closely in the next section.
However, let us mention first two more kinds of law provided by Aquinas.
Aquinas points out that while reflecting on our human nature will provide us the
precepts of the natural law, these are quite general and would have to be made more
specific, and at the same time more concrete in the actual operation of human acts.” Fot
this reason, there is also human law.
Human law refers to all instances wherein human beings construct and enforce laws
in their communities. Given the larger picture of Aquinas's view, one would have a basis fo"
assessing the validity or invalidity of a human law: whether or not it conforms to the natu’!
law, Insofar as a human law goes against what nature inclines us toward, it is not propel!”
speaking a law—in the ideal sense of directing us to the common good—but instead
unjust and can be called a matter of violence.
Finally, Aquinas asks us to recall that there is a certain form of happiness that 8
proportionate to our human nature, which we can obtain by means of our natural principle
However, there also is another, more complete, happiness that surpasses human's natures? >
56 Ethics: Foundations of Moral Valuation. supernatural happiness that can be obtained through the power of God alone. To direct us
toward our supernatural end, we had been given further instructions in the form of divine
law.” This term, often confused with eternal law, refers specifically to the instances where we
have precepts or instructions that come from divine revelation. For example, we have what
is handed down to us in the sacred Scriptures (e.g., the Ten Commandments in the book
Exodus in the Old Testament or Jesus's injunction to love one’s neighbor in the Gospels).
While this is necessary for Aquinas as he sees our end as the blessed return to God, it
is not our concern here insofar as, given that our concern is ethics, one need not rely on the
divine law in order to be moral. Of interest then about this natural law theory of Aquinas is
that while it is clearly rooted in a Christian vision, it grounds a sense of morality not on that
faith but on human nature. Aquinas writes:"So then no one can know the eternal law, as itis
in itself, except the blessed who see God in His Essence. But every rational creature knows it
in its reflection, greater or less.... Now all men know the truth to a certain extent, at least as
to the common principles of the natural law...*
The statement is a remarkable claim: anyone, coming from any religious tradition,
just by looking at the nature that she shares with her fellow human beings, would be able
to determine what is ethical. The complication one may have over an overtly religious
presentation is dispelled when we recognize the universal scope that Aquinas envisions.
NATURAL LAW
We may now turn to the specifics concerning the natural law.
The Natural Law
Summa Theologiae 1-2, Question 94, Article 2°
Thomas Aquinas
Since, however, good has the nature of an end, and evil, the nature of a
contrary, hence it is that all those things to which man has a natural inclination, are.
naturally apprehended by reason as being good, and consequently as objects of
pursuit, and their contraries as evil, and objects of avoidance. Wherefore according
to the order of natural inclinations, is the order of the precepts of the natural law.
Because in man there is first of all an inclination to good in accordance with the
nature which he has in common with all substances: inasmuch as every substance
seeks the preservation of its own being, according to its nature: and by reason of
this inclination, whatever is a means of preserving human life, and of warding of
its obstacles, belongs to the natural law. Secondly, there is in’ man an inclination
things that pertain to him more specially, according to that nature which he has
in common with other animals: and In virtue of this inclination, those things a
Said to belong to the natural law, “which nature has taught to all animals,” ‘such as
‘Sexyal Intercourse edi i
~ Chapter: Naturallaw 57 in society: and in this respect, whatever pertains to this inclination belongs to the
“ natural law; for instance, to shun ignorance, to avoid offending those among whom
one has to live, and other such things regarding the above inclination.
In Common with Other Beings
In reading Aquinas, we have to consider how we, human beings, are both unique
andat the same time participating in the community of the rest of creation. Our presence in
the rest of creation does not only mean that we interact with creatures that are not human,
but that there is also in our nature something that shares in the nature of other beings.
Aquinas thus identifies first that there is in our nature, common with all other beings,
a desire to preserve one’s own being. A makahiya leaf folds inward and protects itself when
touched. A cat cowers and then tries to run away when it feels threatened. Similarly, human
beings have that natural inclination to preserve their being. For this reason, Aquinas tells
us that it is according to the natural law to preserve human life. We can thus say that it
would be a violation of the natural law, and therefore unethical to take the life of another.
Murder, for instance, would be a clear example of a violation of the natural law. On a more
controversial note, it seems that taking one’s own life would be unacceptable, even in the
form of physician-assisted suicide. On a more positive note, we can confidently posit that
acts that promote the continuation of life are to be lauded as ethical because they are in line
with the natural law.
In Common with Other Animals
Aquinas then goes on to say that there is in our human nature, common with other
animals, a desire that has to do with sexual intercourse and the care of one’s offspring. AS
matter of fact, animals periodically engage in sexual intercourse at a specific time of heat”
and this could result in offspring. In human beings,
too, that natural inclination to engagei
the sexual act and to reproduce exists.
The intrinsic connection between the sexual act and fecundity gives rise toa numbe
of notions of what is acceptable and unacceptable in varying degrees of conteraiousne’>
An ethical issue that is hotly contested in some parts of the world is whether abortion 5
acceptable. From the stance of the natural law, the act of preventin,
life vould be considered unacceptable. Not so controversial, per,
that we could more easily make about how it is good to care for
that they are properly fed, sheltered, and educated. On the othe
the young, to force children into hard labor or to deprive them of
abuse them ina physical or emotional way.
1g the emergence of ne
PS, would be the claims
the young, to make su®
T hand, it is bad to abuse
basic needs or otherwis®
58 _ Ethics. Foundations of Moral Valuation With regard to the sexual act, the moral judgments get more volatile. This argument
seems to provide ground for rejecting various forms of contraception since these allow for
the sexual act to take place, but inhibit procreation. This also seems to justify the claim that
any form of the sexual act that could not lead to offspring must be considered deviant. One
of these is the homosexual act.
To explain, Thomas writes:”...certain special sins are said to be against nature; thus
contrary to sexual intercourse, which is natural to all animals, is unisexual lust, which has
received the special name of the unnatural crime” The question can be raised as to whether
all animals “naturally” engage in heterosexual (rather than unisexual or homosexual")
intercourse as Aquinas (with the much more rudimentary scientific knowledge of his time)
believed. Another question is whether there must be a necessary connection between the
act of sexual intercourse and procreation.
UNIQUELY HUMAN
After the first two inclinations, Aquinas presents a third reason which states that
we have an inclination to good according to the nature of our reason. With this, we have a
natural inclination to know the truth about God and tolive in society. It is of interest that this
is followed by matters of both an epistemic and a social concern. The examples given to us
of what would be in line with this inclination are to shun ignorance and to avoid offending
those people with whom one lives. We could surmise on this basis that acts of deception or
fraud would be unacceptable to Aquinas. This, as mentioned, is surmise because this is not
something we are told directly by Thomas.
In fact, a characteristic of the text which may be frustrating to anyone trying to read
Aquinas is that he does not go into great detail here enumerating what specific acts would
be clearly ethical or unethical. Instead, he gave certain general guideposts: the epistemic
concern, which is that we know we pursue the truth, and the social concern, which is that
we know we live in relation to others. The question of what particular acts would be in line
with these or not is something that we have to determine for ourselves through the use of
reason. Let us elaborate on this further. -
First, we had been presented with these three inclinations as bases for moral
valuation. In light of this, we know that preserving the self is good. Contrary to common
misconception, the sexual inclination and the sexual act are considered good things, not
something to be deplored or dismissed. However, reason is not only another inclination that
we have in par with the others. Instead, reason is the defining part of human nature. Thomas
tells us that there is a priority among the powers of our soul, with the intellectual directing
and commanding our sensitive and nutritive capacities.° What this amount to is the need to
recognize that while our other inclinations are good, as they are in our nature, what it means
to be human is, precisely to exercise our reason in our consideration of how the whole self
should be comported toward the good. Icannot simply say, “Sex is natural? if what I mean by
oS eS ct mane "88. that Is that | could just engage in the act in any way I like without thought or care. Instead,
we are enjoined to make full use of our reason and determine when the performance of our
natural inclinations is appropriate.
Second, recognizing how being rational is what is proper to man,” the apparent
vagueness of the third inclination that Aquinas mentions is counter-balanced by the
Tecognition that he is not interested in providing precepts that one would simply,
Unthinkingly, follow. To say that the human being is rational is to recognize that we should
take up the burden of thinking carefully how a particular act may or may not be a violation
of our nature. It is to take the trouble to think carefully about how our acts would either
contribute to, or detract from, the common good.
For this reason, in making human laws, additions that are not at all problematic for
the natural law are possible. At first glance, it may seem like there is nothing “natural about
obeying traffic rules or paying taxes. However, ifit has been decided that these contribute
to the common good, then they could, in fact, be proper extensions of the natural law. As
Aquinas puts it, nothing hinders a change in the natural law by way of addition,” since our
reason has found and can find many things that benefit individual and communal human
life.