Natural Law is the most ancient of the normative ethical systems; originating in the work of Aristotle, it was adopted as the basis for Roman Catholic moral philosophy and continues to be applied today. As a result, there are multiple different versions of Natural Law so in critically evaluating it as an approach to making decisions it is important to differentiate between these. Given this, a proportionalist version of Natural Law is a practical approach to making 21st century moral decisions.
Firstly, Natural Law has the great advantage of offering a clear and universal set of norms. 21st Century moral decisions are often complex and emotive, which means that consequentialist approaches to decision making are impractical. Taking Utilitarianism as an example, even Peter Singer has acknowledged that individuals deciding when to end life-support, use a drone to eliminate a terrorist-suspect or invest in an untried technology are not in a position to calculate the outcomes of all their possible actions with sufficient accuracy and objectivity to make an act-utilitarian approach viable. Because of the Problem of Prediction in particular, most Utilitarians advocate a more-or-less strong rule approach to maximising pleasure and minimising pain today. Further, Utilitarians are divided on how to define the outcome to be maximised and most have moved away from the crude Benthamite claim that “all things being equal, pushpin is as good as poetry…” and embrace Mill’s desire to be more Socrates and less pig! In short and in practice most 21st Century Utilitarians recognise the need for clear more-or-less universal norms designed to maximise human flourishing. While they do not support the traditional Roman Catholic version of Natural Law, they are in fact not so far from a proportionalist version of Natural Law. So much so that Proportionalists are often accused of being Utilitarians. However, Proportionalism is a distinct approach to decision making and one with the advantage over utilitarianism that it considers actions in their wider context, including in relation to the effect they have on the moral character in the long-term. Because of this, a Proportionalist version of Natural Law is a better approach to making 21st Century moral decisions than consequentialist approaches such as Utilitarianism.
Secondly, in terms of Proportionalism’s concern to place actions in a broader context and to consider their effects on character, this is nothing new in the tradition of Natural Law. Both the versions of Aristotle and Aquinas Natural Law was intended to sit alongside virtue ethics; actions in themselves and broader character development were intended to be considered side-by-side. While the Roman Catholic Church has often been legalistic in its application of Natural Law, making it inflexible and reducing the role of the individual in making their own moral decisions, this goes against even the thinking of St Thomas Aquinas and was criticised by Pope Francis in his 2016 encyclical Amoris Laeticia…“We have been called to form consciences, not to replace them. … Rather than offering the healing power of grace and the light of the Gospel message, some would “indoctrinate” that message, turning it into “dead stones to be hurled at others”….” Aquinas argued that the first duty of each person is to follow their own conscience, pursuing good and avoiding evil as they see fit. While this does not excuse evil actions, chosen by pursuing an apparent good over the real good, it is worse for someone to go against their conscience because of the effect this has on the wider moral character. This point is emphasised by Proportionalists like Bernard Hoose, who argue that Natural Law should be about “trying to discover what is the morally right thing to do in any particular set of circumstances.” Hoose rejects the idea that 21st century moral decisions are clear-cut and stresses the importance of making decisions in conscience and in relation to the specifics of the case. Because it is able to combine a clear and universal set of norms with a degree of flexibility with regard to complex situations, a proportionalist version of Natural Law, such as that proposed by Hoose, is a practical approach to making 21st Century moral decisions.
A common criticism of Proportionalism from Roman Catholic moral philosophers is that it seeks a proportional way of justifying morally wrong actions. However, Hoose argued that “We should always do only what, in conscience, we judge to be morally right, and we should never do what we judge in conscience to be morally wrong…” pointing out that actions and those carrying them out should be understood and judged as a whole rather than focusing on bits in isolation. Hoose wrote, ‘An evil like pain, death or mutilation is, in itself, pre-moral or non-moral, and should never be described as ‘moral’. It is the act as a whole which is either right or wrong, and it is the person, or the person in his or her acting, who is morally good or morally bad.’ Where a traditional Roman Catholic approach to Natural Law would see the action of terminating a pregnancy as morally wrong in itself, Hoose sees the termination as a non or pre-moral evil, which only becomes moral as part of a whole decision made by a whole moral character and then in context. Where a traditional Roman Catholic approach to Natural Law would see any decision and any person involved in terminating a pregnancy as evil by association, Hoose would distinguish between terminating the pregnancy of a 10 year old rape-victim and of a healthy married woman. The termination may become part of a morally evil action and contribute to the corruption of one or more moral characters – such as when a healthy married woman in India is forced to abort a female foetus – or the termination may become part of a morally good action and contribute to the development of a good moral character – such as in the aftermath of war and with the consent of all concerned. Proportionalism does not attempt to justify morally wrong actions, but rather it rejects the idea that actions are wrong in themselves and insists that they are evaluated in their proper context. So, in this way, a proportionalist version of Natural Law, such as that proposed by Hoose, is sufficiently sophisticated and nuanced to support 21st Century moral decision making.
Further, it is clear that following some of the moral rules laid down by the Church blindly strikes most people as morally wrong in the 21st Century. Take for example the case of Bishop Kevin Dowling in Rustenburg, who came into conflict with the Church for handing out condoms to sex-workers in the middle of an HIV epidemic in his South African Diocese. Church teaching from Humanae Vitae, developed by Germain Grisez on the basis of Natural Law, clearly forbids the use of condoms in any circumstances as they prevent sex from having the potential to create life; promoting human life being the most basic of human goods. Nevertheless, Dowling argued that the sex-workers were engaged in “survival sex”, meaning that selling sex is the only means available not to starve and so to promote the most basic of basic human goods, life. Dowling reasoned that the sex-workers were going to have sex with or without condoms, while without them many lives would be destroyed, so proportionately and in the interests of promoting the basic human good of life it was the right thing to give the sex-workers condoms. This accords with Aquinas own writing on the subject of prostitution, which acknowledged that “those who are in authority, rightly tolerate certain evils, lest certain goods be lost, or certain greater evils be incurred.” Summa II(II) question 10, article 11 and it accords with the Roman Catholic Church’s own teaching on warfare, which again permits “those in authority” to use even lethal force when it is proportionate and necessary to pursue a good cause, such as to protect more lives. It follows that Proportionalism is both faithful to Aquinas’ Natural Law and more consistent than traditional Roman Catholic ethics. In this way also, a proportionalist version of Natural Law, such as that proposed by Hoose, is the best approach to 21st Century moral decision making.
Synoptically, Buddhism does not have a direct link to Natural Law as it is not a theistic religion and does not have a fixed set of rules or commandments. Instead, Buddhism offers a system of ethics based on the principles of the Four Noble Truths and the Noble Eightfold Path. According to Buddhist philosophy, moral decisions should be made based on the intention behind the action and the consequences it will have on oneself and others. As the Dalai Lama has stated, "All major religious traditions carry basically the same message, that is love, compassion and forgiveness... the important thing is they should be part of our daily lives." (Dalai Lama, Ethics for the New Millennium) However, Buddhism and Natural Law do share some similarities in terms of the importance placed on living a virtuous life. In Natural Law, virtues such as prudence, justice, temperance, and fortitude are essential to living a good life. Similarly, in Buddhism, the cultivation of virtues such as generosity, compassion, loving-kindness, and wisdom is crucial to the path of enlightenment. As Buddhist scholar Damien Keown notes, "Buddhism, like Aristotle and the Stoics, regards the acquisition of moral virtues as essential to the attainment of happiness and well-being." (Keown, Buddhism: A Very Short Introduction)
In conclusion, a proportionalist version of Natural Law, such as that proposed by Hoose, is the best approach to 21st Century moral decision making. Proportionalism is more suited to making complex, emotive decisions than consequentialist approaches such as utilitarianism, and more practical, nuanced, and consistent than traditional, legalistic Roman Catholic Natural Law. As a result, much more attention should be given to Proportionalism as a way of addressing moral problems as they arise in the future.
Christians, in particular Roman Catholics, still value Natural Moral Law and use it for guidance because it is an example of absolute morality and provides a set of clear cut rules. There is no need to look at each individual situation because it is unchanging and universal. It is also made accessible by our reason and it makes God’s reason accessible to a believer because humans and God share rationality. It is “accessible to all men” and therefore crosses the barriers of pluralism. Catholic teaching on sexual ethics arrived from using natural moral law and these teachings are enforced by the Pope today. Therefore they would disagree that Natural Moral Law fails to be a practical theory in the 21st century because they still use it for guidance today. It attempts to establish a law which can be accessed by all and was the foundation for human rights. Many find it an attractive in a relativist era suffering a breakdown of traditional social structures and moral certainty.
However in a modern society where many people are no longer religious and do not dedicate their life to God, natural moral law does fail to be a practical theory because we do not have a purpose in life to achieve union with God. Aquinas made an assumption that God created the world for a purpose however many people would reject this premise in the 21st century. Richard Dawkins claims that the universe is ‘brute fact’ and doesn’t have a reason or purpose but came about by chance. Therefore there is no fundamental purpose to our lives. There are also many other religions other than Christianity and many people worship other deities such as Allah and Buddha but Aquinas assumes our final cause is to achieve communion with God. As Jean-Paul Sartre said ‘man creates his own values and determines a meaning to his life, for in the beginning the human being does not possess any identity or value’, there is no need for a God to give us a purpose in life. Even if we do have a purpose we have no way of knowing exactly what that purpose is and whether we should judge it according to nature.
Adding to this point, Aquinas also assumed that every individual has a particular function to fulfil and a specific purpose however this goes against the thinking in the 21st century that we recognise the variety of functions that people can fulfil. His understanding on human purposes is also limited as he claims there are only 5 primary precepts which we should live by, but there are many individuals who do not these precepts but still live a moral and fulfilling life. For example; a women may choose to achieve success in her work rather than become a mother and reproduce and not follow this primary precept. Her life is surely not more immoral? This shows that the theory fails to be practical when there are specific moral injunctions which conflict with the more general principles. There are no guidelines for judging these situations except by advising the use of reason.
It is assumed that the theory is accessible to all because we have the ability to reason however is not the case for those who are mentally disabled. These people would be held accountable for their immoral acts according to the theory however this does not seem fair or justified. Therefore this is a clear weakness of the theory.
It fails to be a practical theory in the 21st century because since the proposal of natural moral law by Aquinas, ideas about what is natural have changed due to cultural changes between generations. In society we define what is morally right and natural according to what is culturally acceptable. For example in the past it was not natural to be homosexual or for women and men to be considered as equals however society has changed their views. This highlights that there is not one common universal moral law for mankind.
With such an absolute theory which is inflexible it is hard to apply in modern society with its frequent changes and developments. Kai Nelson supports this criticism as he says ‘there is no such thing as an essential human nature which makes a man a man.’ He cites the example of the Inuit community who believe it is acceptable to kill an elderly member of the community if they know they will not survive the winter.
Another criticism which makes the theory impractical is the point that it is a Naturalistic Fallacy. This is also known as the IS/Ought Gap. Hume argued that you can not go from an objective and descriptive statement, e.g. Sexual activity is the means by which humans reproduce, to a prescriptive statement, e.g. People ought to engage in sexual activity only for that purpose. Hume wrote about the ‘illogical copulations of propositions’ used in ethical statements. This is based on the idea that our observation of what people are like or what is ‘naturally good’ gives a clear indication of how people ought to behave. Yet we could say that cancer is natural, but should we allow cancer to kill us naturally? This is challenged in the 21st century as people have become more independent minded and it is not logically legitimate to take the fact of our human nature and derive from it the values that determine human conduct.
Some of these criticisms are combated with the use of Proportionalism in the 21st century which provides a reason to justify going against natural moral law. However many believe this is not practical because it in no longer an absolute and immutable theory but becomes closer to Situation ethics. The doctrine of double effect and casuistry are also often seen as a way of introducing exceptions to the rules. The leniency which Aquinas applies with the idea of real and apparent goods many allow people to unintentionally commit evil acts because they can justify an act by a good intention because they do not need to consider the consequences of their actions. This shows serious flaws in the practicality of the theory in the 21st century and could potentially justify Hitler’s actions of killing the Jews because he strove for the apparent good of ethnic cleansing.
Overall it is really ‘a threshold of your own conviction and a matter of personal taste’ as Paul Davies said, as to whether you accept the practicality of this principle in the 21st century. It is still practical for many Roman Catholics and provides a definite theory which can be applied universally, however in my opinion it is far too impersonal and impractical when dealing with situations of complexity such as those which we see in the modern world and 21st century, including Euthanasia, Abortion and homosexuality therefore I agree with Bertrand Russell who argues that the theory “appeals to the respectable middle class.” These have conflicting precepts which make them difficult to determine with an absolutist theory. Personally I prefer the relativist stance which takes each individual situation into account and is more personable and flexible which allows the cultural diversity which we see in the world today. I would agree with Kai Neilson that “the idea of human natural is a culturally constructed concept, not a scientific one.”
Natural Law is a religious ethical theory that puts reason at the centre of moral thought and decisions. Euthanasia is a modern practice where a person/persons can be killed on their own terms, whether passively (switching of a life machine) or actively (lethal injection). In terms of the practices of euthanasia and whether it should be accepted, natural law is of no help and instead situation ethics should be adopted to the issue of euthanasia.
There are a number of good things about this opening paragraph: it has a clear thesis – situation ethics is to be preferred, although the candidate might have briefly hinted as to why. The opening emphasises reason, a point many candidates miss. And there is a clear definition of two types of euthanasia, with good issue of brackets for economy. Ia m not sure that euthanasia itself is an issue – there are issues involved in the moral debate such as slippery slope arguments or sanctity of life arguments. These might also have been hinted at rather than taking a broad approach.
Euthanasia is being widely adopted in modern western cultures as secularism is becoming more popular. There is more emphasis being placed on the quality of life rather then sanctity of life. Natural Law theory places special emphasis on the sanctity of life arguing that only God should have the power to take away a life.
Natural Law is an ancient theory deriving from the Greeks and particularly Aristotle. Aquinas took Aristotle and attempted to reconcile his theory of ethics with Christianity. So what the candidate is talking about here is Aquinas’ version of natural law which has been a dominant moral theory in the west, as it informs the moral theology of the Catholic Church. Note the synoptic link to the Christian Thought paper and secularism.
Natural Law is focused on the primary precepts and upholding its main components; worship God, live in an ordered society, reproduce, to learn and to defend the innocent. Euthanasia goes against possibly three of these primary precepts, and is therefore forbidden under natural law. The secondary precepts would argue that euthanasia is wrong as it goes against the precepts of defending the innocent. Killing someone voluntarily or non-voluntarily and worshipping God as only God should be able to take life away. In a period where quality of life is emphasised, natural law is incompatible with modern culture. Natural Law upholds the sanctity of life and any practice taking away life is wrong – in a society which allows this natural law is outdated. Aquinas lived when the church dominated society and culture and now the church and state are separate, showing now natural law should be adapted.
Aquinas finally gets a mention. The word ‘adapted’ is interesting as secondary precepts are meant to be adaptable, so Aquinas argues. Secondary precepts are ‘proximate conclusions of reason’. The candidate hasn’t really explored the tantalising hint in the first paragraph that natural law is a theory of human reason. I like the mention of three precepts here: for example, candidates often miss the implications that might exist for an ordered society if euthanasia was adopted (rise in court cases for example as relatives argue about whether passive euthanasia should be applied!).
Natural law also prohibits euthanasia on the grounds of real and apparent goods. Killing someone passively is an apparent good because it does not achieve long-term gratification as the person would be dead. However this view can be criticised as a person’s suffering would be cut shirt so best for the long-term – there is no more suffering. Many agree with natural law also b saying that euthanasia sets a dangerous precedent and makes a possibility of a ‘slippery slope’ when killing becomes natural. This is against human nature.
There seems to be a misunderstanding here about what a real and apparent good is. According to Aquinas, we cannot willingly and rationally do evil because we are by nature orientated towards the good. So if we objectively do evil it is because we subjectively believe through a defect of our reason that we are actually doing good. Because of a lack of clarity this paragraph doesn’t take the argument forward and could easily have been deleted in its entirety.
Another weakness of natural law is that it contradicts itself. Although the primary precepts prohibit euthanasia as it actively kills a person, the doctrine of double effect allows it. If a doctor keeps prescribing a patient more medicine, which eventually leads to an overdose, the is not the doctor’s fault and is permissible through the doctrine of double effect. This is a weakness as it seems to contradict earlier teachings from Aquinas. However it could also be seen as strength of natural law. The doctrine of double effect is a better developed by the catholic church in response to situation ethics ; it allows euthanasia to certain degree as well as upholding religious aspects – many see this as favourable and may provide a way to treat the issue of euthanasia.
It’s only a contradiction if you misunderstand the relationship between the absolute primary precepts and the secondary precepts which are never absolute. Aquinas, not the catholic church, introduces double effect way back in the thirteenth century – so it cannot be in response to the twentieth century theory of situation ethics.
Natural law is of no use to euthanasia and so situation ethics should be adopted. Joseph Fletcher was the founder of situation ethics and was at one point president of the euthanasia society in the USA. Situation ethics allows the practice of euthanasia as it focuses on the quality of life more. Firstly, Fletcher’s view of agape is much stronger as it accounts for the most loving thing to do. In certain situations, the most loving thing is to switch of the life support machine so that a person’s suffering is ended. The most loving thing to do allows the families of patients to say goodbye allows for patient’s to assess future possible situations themselves through living wills. Situation ethics follows the propositions of pragmatism, personalism, positivism and relativism. Each one important to the issue of euthanasia. Pragmatism allows a practical approach to euthanasia and where practicality of a situation is focused on. Personalism puts people above laws so full agape can be achieved. Although a partly legalistic theory situation ethics is also antinomian where people should be making their own decisions above the law. Positivism allows the practice of euthanasia because in most cases a positive effect is being produced. Relativism is most important because it allows the situation to be weighed on a case by case basis (natural law is unable to do this as it is absolute). These propositions provide more clarification on euthanasia and allow the issue of euthanasia to be clarified.
Natural law is not absolute in terms of its secondary precepts. The name Fletcher gives to his four principles is ‘working principles’ not ‘propositions’.
Another supporting factor for euthanasia is the six principles which seek to fulfil agape. For example, the third principle that justice is love seemed upholds the value of love distributed. The other fundamental principles also seem to clarify how love is best served and how agape is applied in different situations. In the real case of Simon’s choice, a man was diagnosed with motor neurone disease and in months ahead lost control of his bodily functions and was dependent on support. Simon made the choice to go to Switzerland to die. Natural law would not have permitted this as it breaks the precept of the sanctity of life however situation ethics would allow Simon’s choice to die based on his quality of life. The shows the more practical and reasonable approach of situation ethics is more useful.
However, situation ethics can be criticised. By describing it as relativism, euthanasia is judged on a case by case basis, which can lead to dangerous precedents. If someone is allowed to be euthanased because they are blind, it could influence other people. With sensory issues to seek euthanasia. Even if they have a decent quality of life. Euthanasia can thereby lead to a slippery slope, where euthanasia becomes too common. This raises the question of where to draw the line with euthanasia, and situation ethics provides no guidance on this. Also doctors swear by the Hippocratic Oath, to uphold the life of the patient. Situation ethics dismisses this – instead going against the doctor’s primary role. A judgement is made about the future: in some cases a patient may get better. Overall however, these weaknesses don’t create a strong enough basis for dismissing situation ethics.
On balance, therefore natural law is of no help in regard to the issue of euthanasia and instead situation ethics should be adopted. Situation ethics is stronger as it takes a teleological approach seeking to uphold the quality of life – this secures someone’s autonomy and secular views which are being adopted by western societies – such as Switzerland. Natural law is also absolute and deontological, upholding the sanctity of life which seems outdated. The precepts are also incomplete with modern society Fletcher’s four working principles are much more practical and relevant. Overall therefore natural law is of no help with regard t the issue of euthanasia and instead situation ethics should be adopted.
4 Evaluate the debate about whether Natural Moral Law can accurately be described as a secular ethical theory. (30)
4 Evaluate the claim the principal ideas of proportionalism can be used successfully. (30)