Saturday, June 26, 2010

On Natural Law: A Synopsis

My final paper under Fr. Michael Carey, O.P., was a brief synopsis of Natural Law in Aquinas. Here it is:

Natural Law: A Foundational Understanding for Calls to Goodness

The current climate of American Catholicism, perhaps even Western Catholicism in general, has changed greatly in the last century. Global war, secularization, scandal, and a slide into moral relativism has tested and reshaped the faith of Western culture, to such a degree that one might wonder what future a traditional Christian morality might hope to have. Yet, in a culture that might be considered post-modern or even post-Christian, the task of evangelization remains with us, the survival of the faith depends on it. It is in the interest of this survival that the issue of natural law comes to the fore of Catholic thought in the public arena. It seems that it is no longer enough, in dialogue with those both outside and within the faith, for faithful American Catholics to appeal only to the Gospel message and the teachings of the Church - much of the wider world does not see such things as reasonable, and thereby rejects them. We must start with something more basic: natural law - the idea that we all share some common morality, and at least in this, there may be some common ground on which we may start the difficult process of transforming lives and transforming culture. In current debates about the dignity of the human person, abortion, biotechnology, and war, natural law has been invoked in an attempt to offer what Catholics and many non-catholic ethicists believe to be a philosophically reasonable and theologically correct understanding of right action. To employ this knowledge, however, we must correctly ascertain what it is that we, as faithful Catholics, believe this to be, at least foundationally. Where does natural law come from? What does it consist of? And what does this mean, practically?

The most current, though not the most complete, understanding of natural law can be seen at work in the encyclical of Pope John Paul II, Veritatis Splendor:

The primary and decisive element for moral judgment is the object of the human act, which establishes whether it is capable of being ordered to the good and to the ultimate end, which is God. This capability is grasped by reason in the very being of man, considered in his integral truth, and therefore in his natural inclinations, his motivations and his finalities, which always have a spiritual dimension as well. It is precisely these which are the contents of the natural law and hence that ordered complex of "personal goods" which serve the "good of the person": the good which is the person himself and his perfection. These are the goods safeguarded by the commandments, which, according to Saint Thomas, contain the whole natural law.[1]

John Paul II here asserts a teleological worldview in which actions might have a quality of moral goodness related to their contribution toward the end pursued in the aforementioned worldview, in this case, God. In fact, before moving forward, it is necessary to clarify that Thomas's understanding and also the dominant Catholic understanding of natural law, and indeed law in general, is that they are underpinned and surrounded by affirmation that God is the eternal source, sustainer, and end of all things.[2] To say that God is the eternal source of all things (and therefore the source of law) is to say that God, as reasonable creator and ruler of the universe, governs all things with divine reason, which can then be said to be the law of creation.[3] Because this is the case, creatures participate in this law, the eternal law, insofar as they are subject to it. But being rational creatures, humans are governed in a specific fashion, not as recipients of continual directives, but as reasonable beings that can use this very reason to order their own acts according to their reasonable assessment of good and evil. This reasonable participation in God's eternal law is natural law.[4]

Aside from the existence of God as source and sustainer, we have also the notion of God as end pursued, or merely, that each thing pursues its natural purpose (which Christians understand to be God), an idea famously espoused by Aristotle, and reconciled to Christian thought quite smartly by St. Thomas Aquinas. The teleological worldview at work in the theory of natural law maintains that objects' essences might be better known by their purposes, and might be judged to be good to a degree that it fulfills its essence.[5] For example, the essence of a knife is to cut, and a knife that cuts well is said to be a good or excellent knife. Likewise, an animal's purpose seems to be its own flourishing, which includes things which one might consider under one banner of health and reproduction: movement, perception, taking nutrition, and propagation.[6] Humans, as social animals with reason and free will, must in addition to health and propagation, exercise free will in achieving their end as they reason it.[7]

Thus, the essence of a human might be stated as consisting of life, procreation, knowledge, and socialibility. If something's quality of goodness might be judged on the degree to which it exemplifies its essence, as previously stated, then a human may be said to be good to the extent that it is social, knowledgeable, fruitful, and healthy, and a human act might be said to be good to the extent that it contributes to the improvement of one or all of these qualities.[8] Conversely, something that contributes to the diminishing of these qualities or to the abolition of these can be said to be the opposite of good, that is, evil. And it is this very knowledge, the response to the question "Is this good for myself and/or others?" that is known by natural law.[9]

St. Thomas Aquinas codifies the basic, universal rule of natural law in what he names "the first principle," stated as "Do and pursue good and avoid evil." From this first principle, he states, humans use reason to deduce or infer any number of secondary principles that "will be based upon it, presuppose it, be less common than it."[10] The aforementioned Decalogue, containing the whole natural law, is such that it is a collection of these secondary principles - deductions that flow naturally from the axiom that one should "do and pursue good and avoid evil."[11] This first generation of deductions from the first principles is asserted to be true by virtue of reason. However, further deductions, precepts, or judgments made from secondary principles are admittedly, not universal to all.[12] How then, outside of very formal circumstances, can we use natural law at all?

We can say that conscience, in fact, is natural law in practical application, affirming our reason's participation in eternal law:

. . . [W]hereas the natural law discloses the objective and universal demands of the moral good, conscience is the application of the law to a particular case; this application of the law thus becomes an inner dictate for the individual, a summons to do what is good in this particular situation. Conscience thus formulates moral obligation in the light of the natural law: it is the obligation to do what the individual, through the workings of his conscience, knows to be a good he is called to do here and now. The universality of the law and its obligation are acknowledged, not suppressed, once reason has established the law's application in concrete present circumstances. The judgment of conscience states "in an ultimate way" whether a certain particular kind of behavior is in conformity with the law; it formulates the proximate norm of the morality of a voluntary act, “applying the objective law to a particular case.”[13]

Conscience understood thusly, as our moral judgment that takes as its measure natural law, can also then be said to be our own reaction to our own participation in eternal law; and it is precisely this reaction, this judgment that ethicists, moral theologians and especially the Magisterium hope to change and form when they speak out against abortion, war, the death penalty, and certain biotechnologies on the basis of natural law and its first principle. For Catholics in particular, these exhortations are calls to conform our consciences to the teachings of the Church, which we trust echo eternal law, God's divine wisdom. For our wider, secular culture, exhortations from natural law are earnest admonitions to change the way we think about a particular issue in a way in keeping with something many will find common to all: human reason and the desire to do good over evil. The common ground we are able establish in the invocation of natural law becomes a renewed chance to reach those of a reasonable mind but a hardened heart, a new field on which we may continue our work of transforming our world into a world that seeks more of the Good than it did the day before, and truly seeks to be delivered from evil.



[1] John Paul II, Encyclical Letter Veritatis Splendor (06 August 1993), 79.

[2] Saint Thomas Aquinas, Summa Theologiae, Ia IIae, q. 91, a. 1.

[3] McInerny, Ralph, Aquinas on Human Action: A Theory of Practice. (Washington, D.C: Catholic University of America Press, 1992), 110.

[4] Saint Thomas Aquinas, Summa Theologiae, Ia IIae, q. 91, a. 2

[5] Timmons, Mark, Moral Theory: An Introduction. (Lanham, Maryland: Rowman & Littlefield Publishers, Inc., 2001), 68.

[6] Ibid.

[7] Ibid.

[8] Ibid., 73.

[9] McInerny, Ralph, Aquinas on Human Action: A Theory of Practice. (Washington, D.C: Catholic University of America Press, 1992), 110.

[10] Ibid., 125.

[11] Saint Thomas Aquinas, Summa Theologiae, Ia IIae, q. 100, a. 1.

[12] Ibid., q. 94, a. 4.

[13] John Paul II, Encyclical Letter Veritatis Splendor (06 August 1993), 59.