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NATURAL LAW
THEORY
M RUBAIYAT RAHMAN
LECTURER
DEPT. OF LAW
BSMRSTU, GOPALGANJ-8100
What is natural Law?
 • Natural law claims that everything is created to a
particular design and for a particular purpose, and that
purpose is what is ‘good’ to which everything aims.
 “Good is to be done and evil is to be
avoided” (Aquinas)
Roots of Natural Law Theory
• Can be found in the ancient Greek and Roman world.
• Roman lawyer Cicero formulated the classic description
of natural law in his work On the Republica.
In this he says - True law is right reason in agreement with
nature; it is of universal application, unchanging and
everlasting.
- (They will not be) different laws now and in the future,
but one eternal and unchangeable law.
- - (There will be) one master and ruler, that is, God,
over us all.
Features
 Contains basic and fundamental laws
 Actions are moral consequences
 Based on law of nature ***
 Based on the idea that GOD created the world and
establisher order to bring all to fulfillment.
 The natural law theory applies to all.
St. Thomas Acquinas
 Most famous exponent of the natural law
 • 13th Century
 • Central feature of Catholic moral teachings
 • He developed Aristotle’s ideas and argued that the
natural telos of the world is found in God.
 • His ethical theory is absolutist and
deontological(focuses on the ethnicity of actions) actions
are intrinsically write or wrong.
 • Believed that both intention and act are important.
 • Acts are intrinsically (basically) good or bad
 • Aquinas described natural law as a ‘moral code of
existence,’ created by God
Acquinas and Hierarchy of
Law
 For Aquinas there was ahierarchy of law: Eternal Law –
the law of the Universe
 Divine Law – the laws given in the scriptures
 Natural Law – our in built disposition to know what is
right
 Human Law – the moral codes that we have created
Aquinas argued that good should be done and evil
avoided.
Strength
 Provides a Universal code that applies to everyone
which cannot be misunderstood and never changes
 It does not allow people to justify killing in any way
 Gives everyone a ‘common’ set of rules
 Not elitist – not rules made by the rich to protect the
rich.
 These are principles that everyone can use.
 Promotes equality and respect
 If everyone followed it the world would be better and
people would be happier
Weakness
 Weaknesses People might suffer as rules such as
banning abortion could lead to serious suffering for
mother or potential child
 It has a strong religious element
 Does inbuilt reason override other inbuilt dispositions
 People may reason wrongly and not come to the best
answer.
 Aquinas agreed with this and thought we have to
educate ourselves and think
Suggested Writing
 What are the features of natural law theory?
 Discuss the influence of St. Thomas Acquinas on
Natural Law Theory
 What are the strengths and weakness of Natural Law
Theory

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Natural Law Theory

  • 1. NATURAL LAW THEORY M RUBAIYAT RAHMAN LECTURER DEPT. OF LAW BSMRSTU, GOPALGANJ-8100
  • 2. What is natural Law?  • Natural law claims that everything is created to a particular design and for a particular purpose, and that purpose is what is ‘good’ to which everything aims.  “Good is to be done and evil is to be avoided” (Aquinas)
  • 3. Roots of Natural Law Theory • Can be found in the ancient Greek and Roman world. • Roman lawyer Cicero formulated the classic description of natural law in his work On the Republica. In this he says - True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting. - (They will not be) different laws now and in the future, but one eternal and unchangeable law. - - (There will be) one master and ruler, that is, God, over us all.
  • 4. Features  Contains basic and fundamental laws  Actions are moral consequences  Based on law of nature ***  Based on the idea that GOD created the world and establisher order to bring all to fulfillment.  The natural law theory applies to all.
  • 5. St. Thomas Acquinas  Most famous exponent of the natural law  • 13th Century  • Central feature of Catholic moral teachings  • He developed Aristotle’s ideas and argued that the natural telos of the world is found in God.  • His ethical theory is absolutist and deontological(focuses on the ethnicity of actions) actions are intrinsically write or wrong.  • Believed that both intention and act are important.  • Acts are intrinsically (basically) good or bad  • Aquinas described natural law as a ‘moral code of existence,’ created by God
  • 6. Acquinas and Hierarchy of Law  For Aquinas there was ahierarchy of law: Eternal Law – the law of the Universe  Divine Law – the laws given in the scriptures  Natural Law – our in built disposition to know what is right  Human Law – the moral codes that we have created Aquinas argued that good should be done and evil avoided.
  • 7. Strength  Provides a Universal code that applies to everyone which cannot be misunderstood and never changes  It does not allow people to justify killing in any way  Gives everyone a ‘common’ set of rules  Not elitist – not rules made by the rich to protect the rich.  These are principles that everyone can use.  Promotes equality and respect  If everyone followed it the world would be better and people would be happier
  • 8. Weakness  Weaknesses People might suffer as rules such as banning abortion could lead to serious suffering for mother or potential child  It has a strong religious element  Does inbuilt reason override other inbuilt dispositions  People may reason wrongly and not come to the best answer.  Aquinas agreed with this and thought we have to educate ourselves and think
  • 9. Suggested Writing  What are the features of natural law theory?  Discuss the influence of St. Thomas Acquinas on Natural Law Theory  What are the strengths and weakness of Natural Law Theory