School
Natural law
Natural law theory holds that there are moral standards grounded in human nature and knowable by reason, which human laws should follow.
Its roots lie in Aristotle, the Stoics and Cicero, and Thomas Aquinas gave it its classic Christian form in the thirteenth century. In the sixteenth and seventeenth centuries Francisco de Vitoria and Hugo Grotius applied it to the rights of peoples and the law of war, helping to found international law, and in the twentieth century Lon Fuller argued for an inner morality of law. It is distinct from the laws of nature studied in science. On this site it answers questions on war and political violence (3.3.5), divine command, duty, law and moral language.
Thinkers of this school
Guide: Schools of Philosophy: The Main -isms and the Questions They Answer
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What are we claiming when we call a wine, a food or a practice “natural”?
I make small-batch wine in the Adelaide Hills and judge at regional shows. "Natural wine" is the hottest phrase in my trade, and I've come to dislike it, not because the wines are bad (some are great) but because nobody can tell…
Started by Bec Doyle6 replies -
Double effect is a genuine moral distinction, not a lawyer’s trick for doing harm with clean hands
Every year at least one of my students arrives having read online that the doctrine of double effect is Catholic casuistry: a way to do what you want and say you did not intend it. I want to defend it as a…
Started by Ikechukwu Anyanwu6 replies -
Anscombe was right: no emergency makes it permissible to target civilians deliberately
Here is the hardest case for the principle of discrimination. Suppose deliberately attacking a civilian population would end a war years early and save more lives than it costs, including more civilian lives. The arithmetic points one way. Elizabeth Anscombe's answer was…
Started by Aoife Kilbride6 replies -
Can reason tell right from wrong on its own, or does it need revelation?
In the courts I covered in Lahore, judges applied statutes, precedent and, where the law allowed, the principles of Islamic law. Many times a case was decided correctly by every rule and I went home feeling it had been decided wrongly. I…
Started by Khalid Mahmood Awan6 replies -
Dharma, li, sharia, natural law: four words English keeps flattening into “duty” or “law”
Last week an engineering student in the evening class on Indian philosophy that I help with asked a good question: “If dharma is not duty, what is it like? Is there anything in other cultures that works the same way?” I tried…
Started by Meera Kulkarni5 replies -
Robert Adams’s modified divine command theory answers the ‘God could command cruelty’ objection
The standing objection to divine command theory is that if obligation depends on God's will as such, the content of morality could in principle have been anything. Had God commanded gratuitous cruelty, cruelty would have been obligatory. William of Ockham is often…
Started by Aoife Kilbride5 replies -
Bentham was right that natural rights are nonsense, but wrong about why
Bentham's attack on the French Declaration of Rights, usually published as Anarchical Fallacies, contains the most quoted insult in political philosophy: natural rights are simple nonsense, and natural and imprescriptible rights are "nonsense upon stilts". His reason: a right is the creature…
Started by Tomasz Szewczak5 replies -
I never agreed to obey the state. Why do I owe it anything?
This week's lecture was on the social contract, and since then one thought keeps coming back while I sit in traffic. I never signed anything. I was born here, like my parents. Nobody asked me if I agreed to the laws, the…
Started by Serkan Aydoğdu4 replies -
What is the doctrine of double effect, and did Aquinas really come up with it?
Yesterday's lecture mentioned the "doctrine of double effect" and said it goes back to Thomas Aquinas. The lecturer moved on quickly and I didn't fully follow. Here's what I understood. If I swerve to avoid a child who runs into the road…
Started by Serkan Aydoğdu4 replies -
A student in my prison class asked why anyone should obey an unjust law. What did Aquinas say?
This came up in my prison reading class. Last week we read part of Martin Luther King's Letter from Birmingham Jail, where he says, following Augustine, that an unjust law is no law at all, and appeals to Aquinas for how to…
Started by Brian Otieno Ouma4 replies -
Reading group: Vitoria’s lectures On the American Indians and On the Law of War
Francisco de Vitoria gave his relectiones at Salamanca in the 1530s. Two of them, usually known as On the American Indians and On the Law of War, both from 1539, are where a Dominican theologian asked whether his own crown's conquest in…
Started by Valentina Ríos4 replies -
Norms are neither true nor false, so there is no logic of obligation, only a logic about obligations
This puzzle has bothered me since I read Kelsen as a law student in Lahore. Logic, as usually understood, is about relations between things that can be true or false: if the premises are true, the conclusion must be. But norms ("you…
Started by Hamza Qureshi4 replies -
Mu’tazilis, al-Māturīdī and Aquinas: three ways of saying reason can see part of the moral law
I started reading kalām to understand my own faith better. The question that keeps pulling me back is whether moral knowledge needs revelation. The classical positions, as I understand them: Muʿtazila: good and bad (ḥusn and qubḥ) are knowable by reason. That…
Started by Abdulrahman Al-Bassam4 replies -
What does Moore’s open question argument actually prove, and what is the standard reply to it?
Moore's open question argument from Principia Ethica (1903) keeps coming up as I work through ethics on my own, and I cannot tell whether it is a deep insight or a trick. Here is my understanding. Take any proposed definition of good…
Started by Emeka Anyaoha4 replies -
Natural law is a form of ethical naturalism, and it needs no ontological naturalism
I keep meeting a confusion, in students and in some books: that "naturalism" is one view, and that a Catholic, by definition, can't be a naturalist. My thesis: natural law theory is a form of ethical naturalism, because it holds that moral…
Started by Ikechukwu Anyanwu4 replies -
Lon Fuller
Lon Fuller was an American legal philosopher who taught at Harvard Law School for most of his career. He is best known for his…
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Hugo Grotius
Hugo Grotius was a Dutch jurist, humanist and theologian whose De jure belli ac pacis (1625) became a founding text of international law. Imprisoned…
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Francisco de Vitoria
Francisco de Vitoria was a Spanish Dominican theologian who studied in Paris and held the principal chair of theology at the University of Salamanca,…