Normative Ethical Theories (AQA A-Level Religious Studies): Revision Notes
Natural Moral Law
Introduction
Natural moral law is a normative ethical theory that holds there are rights and moral values that can be understood from human nature and deduced by human reason.
Important terminology notes:
- The AQA specification uses the term 'natural moral law' (rather than just 'natural law')
- While often described as deontological, this label doesn't fit Aquinas perfectly, as he did consider situations and contexts
- Natural moral law can operate in both religious and non-religious contexts
The origins of natural moral law
Natural moral law does not originate with Christianity. The idea appears throughout history in different forms, evolving through contributions from Greek philosophy, Roman law, and medieval Christian theology.
Key historical developments:
Aristotle (4th century BCE)
Aristotle developed an ethical theory based on virtue that also justifies natural moral law. His key argument forms the foundation for later natural law thinking:
- The distinctive feature of human beings is their ability to reason
- Humans can use reason to discover the end or purpose of human life
- This approach is teleological (focused on goals/purposes)
Aristotle's emphasis on reason as the defining human characteristic became central to natural moral law. By using reason, humans could discover not just how things are, but how they ought to be.
Cicero (106-43 BCE)
The Roman philosopher argued that true law is:
- Correct reason congruent with nature
- Spread among all persons
- Constant and everlasting
- The same for all nations and all times
Cicero's contribution was significant because he established that natural law transcends cultural boundaries and applies universally to all humanity.
Thomas Aquinas (13th century CE)
Aquinas created the most distinctive version of natural moral law by:
- Taking Aristotle's ideas about happiness as the goal of human life
- Combining them with a Christian view of that goal as union with God in the next life
For the AQA specification, you need to understand Aquinas' version of natural moral law. This synthesis of Aristotelian philosophy and Christian theology became the foundation for Catholic moral teaching and remains influential today.
Key features of Aquinas' natural moral law
1. The four-fold division of law
Aquinas describes four types of law that form a hierarchy from divine to human legislation:
Eternal law
- Law which comes from God's nature as Creator
- The universe reflects the principles of natural and moral order that existed before creation
- Like a 'blueprint in the mind of God'
- Because God created all humans with a common human nature, what is right for one person must be right for everyone else
Eternal law represents God's rational ordering of the entire universe. While humans cannot fully comprehend eternal law in its entirety, they can access parts of it through reason and revelation.
Divine law
- Principles of natural and moral order revealed to humans through special revelation
- Found in the Bible and through Church teachings
- Acts as a reminder from God (for example, the Ten Commandments)
Natural moral law
- The natural moral order discovered through human reason, not revelation
- That part of God's eternal law that human beings can discover simply through applying reason
- We can know through reason alone that murder, theft and adultery are wrong
Human law
- Laws formulated by humans based on their understanding of natural moral law
- Appears in our legal systems
- Should not contradict natural moral law
The hierarchy flows from eternal law (God's plan) → divine law (revealed) → natural moral law (discovered by reason) → human law (enacted by societies). Human laws gain their moral authority by conforming to natural moral law.
2. The main guiding principle
Good is to be done and pursued and evil is to be avoided.
All other precepts of natural moral law are based on this fundamental principle. This is considered self-evident and the starting point for all moral reasoning.
3. The primary precepts (principles)
Aquinas identified three types of natural inclinations, from which we can derive primary precepts:
What humans share with all substances:
- The drive to preserve life / self-preservation
- All things have a natural desire to carry on existing
What humans share with other animals:
- The desire to reproduce / have children
- The drive to educate and care for offspring
What humans have uniquely as rational beings:
- To know the truth about God (to know and worship God)
- To live in an ordered society
Understanding Primary Precepts: The Foundation of Natural Morality
The five primary precepts (as listed by later commentators) are:
- Preserve (innocent) life
- Reproduction
- Educate children
- Worship God
- Live in an ordered society
These are not arbitrary rules but flow from observing human nature. For instance, the precept to preserve life comes from the universal human inclination to survive and continue existing. Similarly, the drive to reproduce is observed across all animal species, including humans.
Aquinas' Flexibility: Aquinas did not give a definitive list. His use of phrases like 'and so forth' shows he saw natural moral law as having some flexibility, not being completely set in stone. This challenges the common perception of natural moral law as rigid and inflexible.
4. The teleological nature of primary precepts
The primary precepts are not simply rules about specific actions. They are teleological, meaning they are concerned with our final end or goal.
Three points of focus for our telos:
a) Earthly telos - human flourishing
- Our goal on Earth is happiness, which Aquinas calls 'human flourishing'
- The primary precepts are self-evident principles necessary for achieving happiness
- For example, living in an ordered society provides a stable basis for education, preserving life, developing relationships and procreation
b) Ultimate telos - beatific vision of God
- Complete happiness cannot be found in anything created
- Only the 'beatific vision' of God promised in the next life can fully satisfy human will
- Full happiness resides in the loving vision of God
The concept of the beatific vision is central to Aquinas' system. While earthly happiness is important, it is incomplete. True fulfillment can only be achieved through direct union with God in the afterlife, where humans will experience perfect and eternal joy.
c) Individual telos
- Each person has an individual telos based on their natural abilities
- While humanity as a whole has the vision of God as its goal, individuals also have personal purposes
5. Secondary precepts derived from primary precepts
Secondary precepts are rules that derive from the primary precepts and govern how we should act in specific situations. They provide concrete guidance for everyday moral decision-making.
Understanding secondary precepts through Aristotle's Four Causes:
Aquinas adopted Aristotle's doctrine of the Four Causes. Two are especially important:
- Efficient cause: what gets things done (the 'how')
- Final cause: the goal or purpose towards which something is directed (the 'why')
Key principle: Whatever promotes the final cause is right; whatever goes against it is wrong.
Worked Example: The Final Cause of Sex
If the final cause of sex is reproduction, then any sexual act that does not lead directly to the possibility of procreation is wrong because it violates the nature and purpose of sexual intercourse.
This reasoning process demonstrates how Aquinas moves from general principles (primary precepts) to specific moral rules (secondary precepts) by analyzing the purpose or final cause of human actions.
Examples of secondary precepts related to sexual behaviour:
From the primary precept of reproduction:
- Masturbation is wrong (cannot lead to reproduction)
- Bestiality is wrong (cannot lead to reproduction)
- Using coitus interruptus is wrong (prevents reproduction)
- Contraception is wrong (prevents reproduction)
- Homosexual sex is wrong (cannot lead to reproduction)
From multiple primary precepts:
- Abortion is wrong (kills the foetus, stops reproduction, doesn't preserve innocent life)
- Adultery is wrong (adultery is injustice)
- Consensual sex outside marriage is wrong (goes against welfare and education of any children born; children may lack a 'permanent' father)
Note on polygamy:
- Not against natural law in terms of reproduction and education
- But is against divine law, as marriage should reflect Christ's relationship with the Church
Cultural relativity and flexibility:
- Secondary precepts are sometimes seen as culturally relative, but Aquinas did not fully accept this
- Aquinas allowed some flexibility: as we get closer to actual circumstances, there will be more variation in what is judged morally right
- Example: Sometimes it may not be appropriate to repay a debt (if goods are claimed for fighting against one's country)
- The primary principles are absolute, but there can be variation in the details
While primary precepts are universal and unchanging, secondary precepts can be adapted to particular circumstances. This flexibility is often overlooked in criticisms of natural moral law as too rigid.
6. Avoiding mistakes in moral reasoning
Distinguishing real and apparent goods:
Aquinas recognized that sin can arise from confusion between real and apparent goods.
- All humans will the good (actively desire to bring about good)
- But we can become confused about what is truly good
- Example: Adultery can feel like a real good because of short-term pleasures, but when we consider what it involves (betrayal, injustice, lies, putting children at risk), it is clearly not good
This concept is psychologically sophisticated. Aquinas recognized that people rarely choose evil for its own sake. Instead, they mistake something that appears good (like the pleasure of an affair) for something that is genuinely good. Moral education involves training ourselves to recognize true goods.
Interior and exterior acts:
- Exterior acts alone are not enough for true morality
- They must be accompanied by the right interior intention
- Example: Giving money to charity is a good exterior act, but is properly good only if done with the right intention, not to be admired by others
Following the virtues:
Following the real good can be aided by cultivating virtues. Aquinas follows Aristotle here.
The four cardinal virtues (from Latin cardo, 'hinge'):
- Prudence (practical wisdom) - the ability to understand a situation and use practical reason to work out what to do; comes only through experience
- Justice
- Fortitude (courage)
- Temperance (self-control)
These allow the self to fulfil its purpose. The virtuous life can be learned by observing people who habitually practise the virtues.
The three theological virtues (from St Paul):
- Faith - belief in God and what is revealed through scripture and the Church
- Hope - hope of heaven and the beatific vision
- Love (agape) - Jesus' other-person-regarding love; love of God above all things and love of one's neighbour through love of God
The cardinal virtues can be achieved by human ability. The theological virtues are given to humans through God's grace. This distinction is important: while humans can develop moral character through practice, the theological virtues require divine assistance and are oriented specifically toward relationship with God.
7. The principle of double effect
Double effect is a principle that helps avoid mistakes in moral reasoning in difficult cases where an action has both good and bad effects.
Aquinas' explanation:
Using the example of self-defence, Aquinas argues:
- One act can have two effects: one intended, one beside the intention
- Moral acts get their species (type) from what is intended
- Self-defence may have two effects: saving one's life (good) and slaying the aggressor (bad)
- The act is lawful if the intention is to save one's life
- However, if excessive violence is used, it becomes unlawful
- Defence must be proportional
The four conditions of double effect:
For an act to be morally permissible, all four conditions must be satisfied:
1. The nature of the act condition:
- The action must either be morally good or indifferent/neutral
- Acts such as lying or intentionally killing an innocent person are never morally permissible
2. The means-end condition:
- The bad effect must not be the means by which the good effect is achieved
3. The right-intention condition:
- The intention must only be to achieve the good effect
- The bad effect must be only an unintended side-effect
- The bad effect may be foreseen, but must not be intended
4. The proportionality condition:
- The good effect must at least be equivalent in importance to the bad effect
Worked Example: Medical Ethics (Morphine Administration)
Situation: A terminally ill patient's death is brought about sooner through doctors administering increasing doses of morphine to control pain.
Analysis:
- Nature of act: Administering morphine relieves pain (good act) ✓
- Means-end: The bad effect (earlier death) is not the means by which the good effect (pain relief) is achieved ✓
- Right-intention: The doctors' intention is only to relieve pain; earlier death is an unintended side-effect, though foreseen ✓
- Proportionality: Relief of pain over time is at least equivalent to the patient dying sooner ✓
Conclusion: The doctrine allows the doctors' actions to be judged as right because the intention is to relieve pain and the hastening of death is considered an unintended but proportional consequence.
Worked Example: Terror Bombing vs Tactical Bombing
Scenario: Two bombers cause the same number of civilian deaths, but with different intentions.
- Terror bomber: Aims to bring about civilian deaths to weaken enemy resolve (deaths are intended) - impermissible
- Tactical bomber: Aims at military targets while foreseeing civilian deaths (deaths are foreseen but unintended) - permissible
Key insight: Even if both cause the same number of civilian deaths, the difference in intention makes one permissible and the other not. This demonstrates how crucial intention is in double effect reasoning.
Evaluating double effect:
Problems with the doctrine:
- The logic can become convoluted (example: soldier throwing himself on grenade must 'foresee' rather than 'intend' his death)
- Many argue intentions don't matter - what matters are consequences
- Can seem counter-intuitive (example: not permitting torture to save 1 million lives)
- Goes against common intuition (example: refusing to lie to save children from death)
The principle of double effect remains controversial. Critics argue it creates artificial distinctions between 'intending' and 'foreseeing' that don't reflect real moral reasoning. However, defenders maintain that intention is morally significant and that the principle captures important intuitions about responsibility for side-effects.
8. Catholic natural moral law today
How it differs from Aquinas:
Natural moral law today is still essentially Thomist, but with important differences:
- Aquinas gave virtues at least as much importance as obligations and rules
- The Catholic Church gives greater importance to moral rules
- Obligation and rules "invaded the entire domain of moral life"
Manualism - how natural moral law became deontological:
In the 17th century, Catholic scholars (especially Jesuits) wrote manuals of moral theology:
- Designed for use in Catholic seminaries to train clergy
- Provided examples of specific cases for reference
- Created books of case law (casuistry)
- Produced moral rule-books, making Catholic natural moral law deontological
- Omitted Aquinas' account of virtues
The narrowing of scope meant:
- Loss of questions about happiness and human destiny
- Obedience to law encroached upon charity and virtues
- The theme of friendship was lost
This shift transformed Aquinas' virtue-based approach into a more rigid, rule-based system focused primarily on determining which acts are forbidden.
Recent shift towards flexibility:
Signs of change in recent decades:
- Renewed interest in Aristotle's virtue ethics
- The 1992 Catechism of the Catholic Church includes reference to cardinal and theological virtues
- Growing number of Catholic theologians accepting proportionalism
Proportionalism
Proportionalism originated among Catholic scholars in Europe and America as a more flexible approach to natural moral law. It represents a significant development in Catholic moral theology.
Key figure: Richard A. McCormick (1922-2000)
- Jesuit priest and moral theologian
- Expert on Catholic medical ethics
- Criticized Catholic moral theology for being "one-sidedly confession-oriented, magisterium-dominated, canon law-centred, and seminary-controlled"
- Wrote in 1965 that theologians had "disowned an excessively casuistic approach to the moral life"
Definition of proportionalism:
Proportionalism holds that:
- There are certain moral rules
- It can never be right to go against these rules unless there is a proportionate reason
- The proportionate reason is based on the context or situation
- The situation must be sufficiently unusual and of sufficient magnitude to overturn what would otherwise be a firm rule
- Moral laws provide firm moral guidelines which should never be ignored unless absolutely clear that the particular situation justifies it with a proportionate reason
Connection to Aquinas:
This approach is visible in Aquinas' writings. Example: Aquinas considered whether a starving man could steal to save his life and concluded it would be lawful if the need is "manifest and urgent."
However, Aquinas argued it is not lawful to tell a lie to save someone from death. Modern proportionalists point out the inconsistency: if stealing to save yourself from starvation is acceptable, it makes little sense to prohibit lying to save someone's life.
Modern proportionalist account:
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To decide whether an act is moral or immoral, the intention of the moral agent must be considered
-
Without considering intention, you can only determine the 'ontic', 'pre-moral', or 'physical' goodness or badness of the act, not its morality
-
Acts become morally good or bad when you consider both the proportion of value to disvalue in the act and the intention of the agent
- Example: A surgeon cutting human flesh is neither immediately good nor bad - it depends on the surgeon's intention and the value/disvalue the patient receives
-
There cannot be any acts that are intrinsically evil
- The physical act of abortion, for example, is not intrinsically evil
- We can only determine if abortion is morally right or wrong by examining the value/disvalue and the agent's intention in that situation
This fourth point is the most controversial aspect of proportionalism. It directly challenges traditional Catholic teaching that certain acts (like abortion, adultery, or contraception) are intrinsically evil regardless of circumstances or intentions.
Examples of proportionalist reasoning:
Example 1: Career-Motivated Abortion
Situation: A woman seeks an abortion to continue her career uninterrupted.
Analysis:
- Intention: Destruction of innocent foetus to continue career uninterrupted
- Value: Uninterrupted career progress
- Disvalue: Goes against preservation of life and reproduction; could influence others to make same decision
- Conclusion: Disvalue exceeds value; intention is non-moral; not justifiable
Example 2: Life-Saving Abortion
Situation: A woman needs an abortion to preserve her own life.
Analysis:
- Intention: Preserve the mother's life
- Value: Preservation of mother's life; continued support for rest of family; possible future conception
- Disvalue: Destruction of innocent foetus
- Conclusion: Value clearly exceeds disvalue; intention is moral (self-preservation); justifiable
Important comparison: In Example 2, the principle of double effect would not permit an abortion because the bad effect (death of foetus) is the means by which the good effect (saving the mother) is achieved. This shows how proportionalism differs from traditional double effect reasoning.
Other applications:
- Contraception in sub-Saharan Africa: Value of saving lives from HIV/AIDS can outweigh disvalue of going against Church teaching on reproduction
- Masturbation in IVF procedures: Can be justified because the intention leads to procreation/reproduction
Evaluating proportionalism:
Strengths:
- Long-standing principle (found in Just War theory from Augustine and Aquinas)
- Based on common sense (lying to save a life, stealing to avoid starvation)
- Wide principle used outside natural moral law (built into European Law)
Weaknesses:
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Condemned by the Catholic Church (Pope John Paul II's Veritatis Splendor) on grounds it denies acts can be intrinsically evil
- Many people feel some acts are intrinsically evil (e.g., rape and torture of a child)
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Looks very much like consequentialism - requires predicting value and disvalue
- Same problem as utilitarianism: requires predicting the future
- If it becomes moral guesswork, the authority of natural moral law is lost
- Catholics might as well become religious utilitarians
The debate over proportionalism highlights a fundamental tension in Catholic moral theology: how to maintain absolute moral standards while recognizing the complexity of real-world situations. This tension remains unresolved.
Strengths and weaknesses of natural moral law ethics
Strengths
1. Provides objective foundation in a relativistic world
Natural moral law offers a foundational, universal and absolute approach to ethics. This is important in the twenty-first-century 'post-modern' world which tends to reject traditional institutions and authority.
- Provides an objective foundation during an era of limitless choice
- Most people need the anchor of an unchanging moral code
- Enables people to establish common rules for living in an ordered society
- Sets firm boundaries for moral behaviour
In an age where moral relativism is common, natural moral law asserts that some actions are objectively right or wrong regardless of personal opinion or cultural context. This provides moral certainty and stability.
2. Recognizes intrinsic good and evil
Morality is not just about preferences or different customs at different times. It's about what is intrinsically good or bad.
- Example: Slavery was commonly practiced but has been abolished by nearly all cultures
- This shows human morality has evolved toward a common understanding that slavery is intrinsically wrong
- Different cultures can have different moral ideas, but convergence on key issues suggests objective moral truths
3. Realistic about human nature
Aquinas' system acknowledges that people can make mistakes, such as being confused about the difference between real and apparent goods. This psychological realism makes the theory more applicable to actual moral decision-making.
4. Basis for natural rights
Natural moral law has been fundamental in developing ideas about natural rights, including in the American Declaration of Independence. The concept that all humans share a common nature implies they also share common rights.
5. Focuses on character development
Aquinas' natural moral law aligns with Aristotelian virtue ethics:
- Focuses on developing good moral character
- Emphasizes practicing the cardinal virtues (justice, prudence, temperance, fortitude)
- Includes the theological virtues (faith, hope, love)
This virtue-based dimension is often overlooked. Rather than just providing rules, Aquinas' original system emphasized becoming a certain type of person - one who habitually chooses the good through well-developed moral character.
6. Very adaptable
Natural moral law can be adapted to different contexts.
- Example: John Finnis (1980) published a version that does not presuppose God's existence
- Finnis proposed seven basic goods: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, spirituality
- Aquinas' concept combines Christian ideas with Aristotle's philosophy in a distinctive way
Weaknesses
1. Questionable teleological assumptions about human nature
One of the greatest weaknesses is the teleological view that all humans share a common nature designed by God.
This leads to questionable claims about human sexuality:
- God's plan requires sexuality to be geared specifically to procreation
- Condemns masturbation, same-sex relationships, and artificial contraception
- Prohibition of artificial contraception has led to untold misery for millions
- Has led to persecution of homosexuals and repression of natural sexual instincts
Alternative view: "We may have many purposes, and our moral domain may include a certain relativity. For example, heterosexuality may serve one social purpose whereas homosexuality serves another, and both may be fulfilling for different types of individuals."
This criticism challenges the core assumption that human nature has a single, fixed purpose that can be determined through reason alone.
2. Assumes worship of God is natural
Aquinas' version cannot be atheistic. He assumed it was natural for all humans to worship God, but this is not a natural assumption for an atheist. This makes the theory less universally applicable than it claims to be.
3. Not obviously the best moral system
Even if there is a God, it's not obvious that natural moral law is the best way of looking at morality and the world.
- Fletcher's situation ethics argues that moral systems like natural moral law amount to legalistic nonsense
- Should be replaced by an ethic of Christian love
4. Can lead to immoral outcomes
Natural moral law can lead to clearly immoral outcomes:
- Despite the Catholic Church being the largest provider of care for HIV/AIDS patients, its prohibition of artificial contraception has contributed to the spread of AIDS
- Some Catholics following proportionalism shows even Catholics are dissatisfied with applying exceptionless, absolute rules
- Double effect seems to throw out common sense, particularly regarding abortion
Critical Assessment:
The most serious criticism is that strict application of natural moral law can result in harm. When absolute rules are applied without consideration of consequences, the results can be tragic. The controversy over contraception and HIV/AIDS exemplifies how theoretical consistency can conflict with practical compassion.
Key terms to remember
Agent - The moral agent; the person involved in making an ethical decision
Beatific vision - The ultimate, direct, self-communication of God to humanity
Canon law - Ecclesiastical (Church) law; in the Catholic tradition, especially that given by the Pope
Casuistry - From Latin casus, 'case'; case law; Catholic manuals are compilations of casuistry
Consequentialism - The approach to ethics in which the rightness or wrongness of an act is judged by its consequences
Cultural relativism - The view that a person's moral beliefs should be judged in the context of their own culture
Intrinsic good - Something that is ethically good in and of itself
Jesuit - A member of the Society of Jesus; Catholic priestly order founded by St Ignatius Loyola and others in 1534
Magisterium - The teaching office of the Catholic Church, composed of the Pope and bishops, having authority to lay down authentic Church teaching
Manualism - In the Catholic Church, the tradition of producing manuals for use in Catholic seminaries to train clergy in applying natural moral law to difficult cases
Rights - Natural moral law is held by many to give all humans certain entitlements (e.g., liberty and the pursuit of happiness) resulting from their common human nature
Sanctity of Life Principle - Based on Genesis 1:26-27, that humans were created in the image of God, from which Christian theologians deduced that human life is sacred; often used to argue abortion and euthanasia are always morally wrong
Seminary - In Catholicism, a school for training clergy
Teleological - In ethics, refers to views where the emphasis is on the goal or purpose that an ethical approach is intended to achieve
Thomist - Refers to the first name of Thomas Aquinas; a Thomist position is one that would have been proposed/held by Aquinas
Virtue - A quality/trait/disposition in a person held to be of moral value
Remember!
Core Concepts:
- Natural moral law holds that moral values can be understood from human nature and deduced by reason
- Aquinas' four-fold division of law: eternal, divine, natural moral, and human law
- The main guiding principle: "Good is to be done and pursued and evil is to be avoided"
Primary and Secondary Precepts:
- Five primary precepts: preserve life, reproduction, educate children, worship God, live in ordered society
- Secondary precepts are specific rules derived from primary precepts based on efficient and final causes
Key Principles:
- The principle of double effect has four conditions: nature of act, means-end, right-intention, and proportionality
- Proportionalism allows rules to be overturned with proportionate reason in unusual situations
Evaluation:
- Strengths include providing objective foundation and recognizing intrinsic good/evil
- Weaknesses include questionable assumptions about sexuality and potential for immoral outcomes