Natural Moral Law

NAME:
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Edexcel AS Specification.
Topic 2 – A study of three ethical theories.
Number 3 = Natural Moral Law.

For this topic ONLY you cannot be tested or

marked on the strengths and weaknesses of the
argument. The reason for this is because the exam
board ‘forgot’ to add it in.
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Keyword Glossary

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 Background to Natural Law
- Natural Law is a Religious Ethic particularly popular with the
Catholic Church (Christian)
- Famously, it is associated with Saint Thomas Aquinas
- Aquinas was heavily influenced by ancient Greek philosopher
Aristotle
- In modern society, Natural Law is still a hugely influential ethic
that has had a profound influence on Western culture, particularly
in relation to attitudes towards abortion, euthanasia and sexual
ethics
Normative Ethics

Absolutist Deontological

Innate Teleological

FACTFILE

Name: St Thomas Aquinas

DOB: 1224 CE DOD: 1274 CE
Occupation: Theologian – provided
explanations for the Catholic faith.

Aquinas believed that both faith and reason discover truth, a

conflict between them is impossible because they both
originate in God.
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- Aquinas first asks what human nature is and then he looks at the
rules that can be derived from this.
- His case for natural law is centered on explaining that fulfilling
human’s purpose is the the only ‘good’ for humans.
- In his book ‘Summa Theologica’ he said “fulfilling our purpose is
the only ‘good’ for humans.
 Aquinas’ four kinds of law
Aquinas recognises four main kinds of law: the eternal, the
divine, the natural and the human. The last three depend upon
the first but in different ways.

Eternal Law Divine Law

- Every law is derived from - Divine Law is derived from
eternal law. Eternal Law.
- ‘Eternal law’ refers to God’s - It appears historically to
ordering of all created things humans, especially through
to their proper end. revelation.
- Eternal law is identical to the - For Aquinas, this was evident
mind of God as seen by God through the scripture (the
himself. Bible) and it guides us to
- This law is unchanging and reaching our goal of
governs the whole universe in perfection.
natural ways and through - Although such revelation is
morality. aimed at correcting that
- God is beyond our which was impaired by The
understanding and therefore Fall of human beings,
we cannot know the laws Aquinas believed that such
relating to eternal law fully. perfection was not
- BUT Divine Law and Natural
achievable in this life, but
Law gives an insight into
only after death.
Eternal Law.
-
Natural Law -
Human Law
This is the Natural Law of God Aquinas thinks of human laws as
which has been built into human laws, devised by human reason.
nature. - Involves a recognition of a need to
- It is also the reflection of the seek the common good.
Eternal Law of God. - Law is directed to the common
- It can be seen by EVERYONE good, and human law is no
(according to Aquinas, this is exception.
regardless of religious belief). - The promotion of virtue is
- It does not depend on belief in necessary for the common good,
God or God choosing to reveal it and human laws are instruments
– simply humans need to use in the promotion of virtue.
their reason to understand - Recognition of the need to seek
human nature. the common good by establishing
- Aquinas explained this in his custom and tradition of rules
statement: ‘Natural Law is the based on experience judgements.
law written in our hearts’. - Aquinas recognised that this could
- It is the part of Natural Law that sometimes involve wrong
is applied to human choices in reasoning and lead to injustice.
identifying the primary precepts - ‘if in any point it deflects from the
and can be known by our natural law of nature then it is a
reason. perversion of law’.
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Task: Use one colour to fill in each of the spider diagrams with
the key relevant information. Use a different colour to highlight
how the last three depend on the first. Use a different colour to
highlight how they link together.

1. Eternal Law

2. Divine Law

3. Natural Law
(The Commandments) (grace/charity)

4. Human Law

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- Natural Moral Law states that there is a natural order to our world which
should be followed. This natural order is determined by a supernatural
power.
- It is an absolute theory of ethics rooted in human nature and our search for
genuine happiness and fulfillment.
- Aquinas considered that by using our reason to reflect on our human nature,
we could discover our specific end telos or purpose and having discovered
this we could work out how to achieve it.
- This understanding of God’s plan for us , built into our nature at creation, is
what Aquinas called Natural Law.

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 Basis of Natural Law found in
Ancient Philosophers Work
FACTFILE

Name: Aristotle
DOB: 384 BCE DOD: 322 BCE
Occupation: Greek philosopher and
scientist.

Purpose of life
- Aristotle thought that the overall goal (purpose) of human life as
‘Eudaimonia’ (happiness).
- Aristotle said this was human’s superior and called it the ‘Highest
Good’
- He argued that we pursue other goals in order to achieve
happiness.
- There may be a slight confusion about about the modern usage of
the word ‘happiness’  for Aristotle ‘happiness’ was very different
from ‘pleasure’ because he saw that the pursuit of pleasure for its
own sake as mere gratification/.
- In contrast, happiness was living well and being fulfilled since it
involved behaving rationally  this is consistent with human
nature and the order of the natural world.
- Therefore, by making reasoned choices this would lead to humans
happiness.

Analysis of Aristotle's work explains the

germination of classical Natural Law
- For man, the goal was to live a certain kind of life. Man uses
reasoning and reason to recognise how to behave morally.
- When humans act morally, their telos is confirmed  therefore the
combination of reason and moral action are in accordance with the
natural order of things.
- Happiness involves the feelings of being fulfilled and by making
rational decisions.
- Aristotle saw reason as the highest of all human activities.
- Reason is not just the ability to think and understand, but also how
to act; ethics therefore, is reason put into action.
Aquinas’ development of Aristotle’s ideas
AGREEMENT
- Aquinas was influenced by Aristotle’s writings and used these
ideas as a basis for Natural Law.
- Human beings have an essential rational nature given by God
in order for us to live and flourish.
- Even without knowledge of God, reason can discover the
laws that lead to human flourishing.
- The Natural Laws are universal and unchangeable and should
be used to judge the laws od particular societies
DISAGREEMENT
- Unlike Aristotle, who believed that the ‘Highest Good’ was the
pursuit of happiness, Aquinas believed that the ‘Highest Good’
was to ‘Become more like God’.
- By ‘Becoming more like God’ he means that we should try to
please God by following his Eternal Laws.
- This would establish a ‘right’ relationship with God.
- In becoming more like God then humans are able to earn a place
in heaven when they die.
- Aquinas: “there is only one higher good and this is God”.
- Aquinas then reasoned that Natural Law is the method to help us
become ‘more like God’.

Basis of Natural Law found in

Ancient Philosophers Work
FACTFILE

Name: Cicero
DOB: 106 BCE DOD: 43 BCE
Occupation: Roman lawyer and
politician.

- An official account of Natural Law made its first appearance in

Cicero’s work  the author of the law Cicero speaks of is God.
- ‘True Law is right reason and agreement with nature; it is of
universal application’
- ‘Unchanging and everlasting; it summons to duty by its commands
and adverts from wrongdoings by its prohibitions.
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Task : Natural Law is different to :
Eternal Law because:

Divine Law because:

Human Law because:

Task: Compare Aquinas’ Natural Law with that of Aristotle

and highlight the ways in which it is similar and different.
Similar:

Different:

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Task: Confirm your learning of the ‘Highest Good’. Include the

names of the philosophers and differences in their claims.

The Highest We achieve it We learn this

Good is… by… through…
 Aquinas’ five primary precepts
The five primary precepts apply to all human beings without
exception. They are good acts because they lead us towards the main
purpose or goal. The most fundamental one that underpins them all is
the premise of ‘act in such a way as to achieve good and avoid evil’.
The five laws lead us closer to God.

This summary identifies the most basic natural inclination. From this
Aquinas then identified more general inclinations and tendencies (the
five primary precepts). The precepts are derived from rational
thought. In one sense they can be seen as fundamental principles that
must be followed in order to achieve the required ends. They are the
five main purposes (given by God) and outlined by Aquinas. They are
the absolutist element of Natural Law.

Reason tells us what these precepts are and what humans are on the
planet to do. Therefore the primary precepts identify what actions are
‘good’. They are also supported by Divine Law (the Bible).

One way to remember this is using an acronym of

‘WORLD’:
W  worship God

O  ordered society
Orderly living within society
R  reproduce
Reproduction in order to continue the species
L  learn
The education of children
D  defend the weak
The preservation of human life (‘the preservation of its own being…
whatever is a means of preserving human life’)

Task: What is the purpose of living your life according to

these precepts?

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 Do Good, Avoid Evil
1.

Worship God 2.

3.

1.

Ordered 2.
society
3.

1.

Reproduce 2.

3.

1.

Learn 2.

3.

1.

Defend the 2.
weak
3.

Task: Use a different coloured pen/highlighter and make

links to the different primary precepts. How are the
concepts relating to each primary precept intertwined. 12
 Secondary precepts
Purpose
- From the primary precepts, secondary precepts can be deduced.
- The key difference between the primary and secondary precepts is
the fact that the primary precepts are always kept and held
universally, without exception. Primary precepts are also self-
evident (hence they can be seen by everyone/universal).
- Secondary precepts are NOT universal since they may not hold in
certain circumstances.
- They are also derived from reasoning from the primary precepts.
- The secondary precepts are useful because the five primary
precepts do not always help in individual circumstances or in the
modern world.
- (For example, when looking at genetic engineering which is the
deliberate modification of the characteristics of an organism by
manipulating its genetic material it is not clear straight away if
guidance can be derived from the primary precepts.

Using reason
- Aquinas taught that we, as humans, should use our reason to draw
out secondary precepts from the initial primary precepts.
- Secondary precepts create absolute laws but they are more
relative than the primary precepts. The reason for this is because
they have to be interpreted in the situation with the use of reason.
- To arrive at the secondary precept, you have to reason what would
be an essential route towards the primary precept.

Example
- From the primary precept ‘defend the weak’ there is an
understanding this is speaking of the preservation of life.
- It can be deduced that acts like abortion are wrong.
- Therefore, a secondary precept would be ‘do not commit abortion’.
This secondary precept has derived from the primary precept
‘defend the weak’.
- However, the secondary precept is not unchanging/universal like the
primary precept because it is accepted sometimes that another
primary precept may not be supported by the secondary precept.
- For instance, keeping the child may cause her severe distress and
this would not uphold the primary precept of orderly living in
society. – therefore the act could be justified.
- Natural Law ALWAYS demands that a primary precept is adhered to.
It is this sort of working out that is casuistry. Again, Natural Law’s
teleological influence can be seen here.
Task: Complete this example for the secondary precept ‘do
not steal’.
This could be linked to the primary precept …

An example of when this primary precept might be over

ridden is…

This is because another primary precept takes precedence

which is…

The role of virtues in Natural Moral Law

- Aquinas’ Natural Law: the role of virtues in supporting moral
behaviour
- All of the precepts that have been identified/outlined so far are
the most basic. They are not very helpful for making actual
choices.
- Therefore, Aquinas believes that reason needs to be perfected by
the virtues (especially prudence) in order to make Natural Law
easier to follow.
- One way that correct reasoning can be developed is through the
cultivation of certain virtues.
- Virtue is from the Greek word ‘arête’ which means ‘excellence’ in
terms of personal qualities and character.
- Aquinas said that there is a link between happiness and virtuous
behaviour and that reason can guide people into developing the
right virtues.
- This leads to moral living which ultimately leads to God.

Definition:
 The Three Revealed Virtues
- The three revealed virtues are revealed to humanity through Holy
Scripture  (The Bible).
- Sometimes they are referred to as the ‘Three Theological Virtues’.
- The revealed virtues cannot be achieved by human effort.
- A person can only receive them from divine grace (God giving them to
you).
- For Aquinas these were the superlative (of the highest degree) and they
define and direct all other virtues. Due to them being absolute and
superlative, they are perfect.
- However, they are aspirational in that they cannot be fully achieved in
this world, the reason for this is because they are far above the capacity
of a human being, but should remain a standard that is aimed for/at.
- It is with God’s grace through these virtues that enables a human being to
strive towards perfection.
- Of course, the final absolute end is supernatural union with God.
- The state of perfect happiness, towards which the superlative virtues
guide human beings, is known as the ‘beatific vision’.
- As Aquinas writes, human beings ‘attain their last end by knowing and
loving God’.

Task: Each of the quotes are evidence for the three revealed virtues that
Aquinas took from the Bible. Annotate the quote’s so that you know what it
means and then given further examples/explanation.
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EG/explanation:
Faith
”The righteous shall live by faith.”

Hope EG/explanation:
“The Holy Spirit… he poured out
upon us richly through Jesus
Christ our savior, so that we
might be justified by his grace
and become heirs in hope of
eternal life.”
Charity EG/explanation:
“This is my commandment, that
you love one another as I have
loved you.” (Jesus)
 The Four Cardinal Virtues
- Also called the ‘classical virtues’ are the four characteristics.
- As well as the superlative revealed virtues, Aquinas identified
some natural virtues. Aquinas believed were absolutely
fundamental to form the basis of human life.
- Through the use of these natural virtues correct reasoning can be
developed.
- He stated these virtues came from practice and were achieved by
human effort.
- The cardinal virtues acted ad the main way human beings could
ensure their moral behavior became more God-like in its
application.
- The cardinal virtues originates from the writings of Aristotle.

TASK: For each of the cardinal virtues, describe what the the virtue
means and then give an example of how the virtue might be
practiced and developed. The first one has been done for you.

Prudence EG: If you are debating a point with somebody

Prudence is associated with wisdom. The and you come to realise that you are
ability to judge the appropriate action at a incorrect, then you should admit this and
given time.. We must be able to deliberate not continue to argue.
and choose well with respect to what is
ultimately good for us. Wisdom concerning Why is this considered a valuable virtue?
human affairs. In effect, prudence is the
basis of casuistic behaviour. Rational
evaluation of circumstances  good action.

Temperance EG:

Why is this considered a valuable virtue?

Courage EG:

Why is this considered a valuable virtue?

Justice EG:

Why is this considered a valuable virtue?

 TASK: Are the virtues out of date in contemporary society?
Write a response to this question justifying your point of view.
Give a brief explanation of where the virtues originated from.
You must refer to examples of both the cardinal and the revealed
virtues.

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 Internal and External Acts
- For Aquinas both the intention (the internal act) and the action itself (the
external act) are important  he made a distinction between the intention
of an act and the act itself.
- For those looking on, it may well be judged that an action was good.
However, if the onlooker knew the real motive or intention, then it may well
be seen rather differently.
- To act in a good way for the wrong reason is to perform a good external act
but a bad internal act.
- (For example, to help an old lady across the road would be a good external
act but if you helped the old lady in order to impress someone then that
would be wrong and classed as a bad internal act  it should be done out
of charity and not for the sake of admiration from others.
- On the other hand, good intentions don’t always lead to good actions. If I
steal money to give to a friend – the theft isn’t made good by my intention
to help a friend.
- The only end that Aquinas values is God.
- The only way to be good is if both your exterior acts and interior acts are
good. So, for example, helping the old lady cross the road out of
compassion. Therefore, it is not acceptable to do a bad act intentionally
even if the aim is to bring about good outcomes.
- Therefore, to achieve our highest good (becoming more like God) we need
to have good actions (good exterior acts) with good intentions (good
interior acts).

- This approach to understanding intentions is important when applying

natural law to moral dilemmas.
- It is at the heart of what is known as the ‘doctrine of double effect’. This
doctrine states that even if a good act results in bad consequences then it is
still right to do that act.
- It is still right to do that act, even if it was known that bad consequences
would result.
- The important issue is the intention. If the intention was not to bring about
these bad consequences, then the unfortunate side effects do not make the
act morally wrong.

- Classical formulations of the principle of the double effect require that four
conditions be met if the action is to be morally permissible:
1. That we do not wish the evil effects, and make all reasonable efforts to
avoid them.
2. That the immediate effect be good in itself.
3. That the evil is not made a means to obtain the good effect.
4. That the good effect be as important (proportionate) at least to the evil
effect. 18

FOR EXAMPLE: treating a pregnant woman for cancer in order to save her life
but at the same time destroying the unborn child. Since the death of the unborn
child was not the intention of the act that produce it but rather an unfortunate
side effect then the act that brought it about is deemed good and morally right.
 Real and Apparent Goods
- As has been explained, Natural Law is within all of us but it is not like a
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physical law that has to be followed. It derives from reason but
sometimes the reasoning can be incorrectly directed or applied.
- Reason should tell us what we should desire, since we have a natural
inclination. This should lead us to our goal of perfection (image of
God). This is what is known as a real good.
- Aquinas recognised that sometimes we do not do things we should. 19
We reason wrongly. One example of reasoning wrongly would be if a
good was pursued that actually was not a good as understood by
Natural Law – this would be referred to as an apparent good.

- REAL GOODS  where a person reasons out Natural Law perfectly, so

that they follow their highest good. You are achieving your ultimate
final cause of becoming more like God.
- APPARENT GOODS  anyone who does not follow Natural Law
correctly is not deliberately being bad (they are not evil as such) they
are just using their God given reason incorrectly.
- Aquinas believes that we do not carry out bad or evil acts deliberately.
We perceive an action to be good but really it is an apparent good. We
think that something is a good action when really it is not.

- Human nature is essentially good; as natural law is within

everyone. Humans are orientated towards the achievement of
perfection and can never knowingly pursue evil.
- “No evil can be desirable, either by natural appetite of by
conscious will. It is sought indirectly, namely because it is the
consequence of some good”.
- Human actions that are not in the pursuit of perfection can be
explained as the pursuit of an apparent good - something that
doesn’t fit the perfect human ideal.
- Sin consists of falling short of God’s intention for humans.
- To choose an apparent good is an error, because it isn’t really good
for us.
- For example, the adulterer commits adultery because he or she
believes it is a good. This is an error with reason, because adultery
prevents a human from drawing close to what God intended.
- To correctly distinguish between real and apparent goods is to use
reason rightly and to choose the right thing to do.
- It isn’t necessarily easy, as were tempted by what we like doing,
which may not be truly good for us.
- In order to perform the real goods and avoid the apparent a
person should practice their virtues.
- Socrates first pointed this out. He stated that we never desire
anything that we do not, at the moment of desiring it, judge to be
good; this personal judgement does not make the action good.
Task: Why is intention important in Natural Moral Law? In your answer
make sure you include the keywords ‘internal and external act’.

Task: What is the difference between real and apparent goods?

Task: What is an ontic good? Give examples.

Task: Do you think Aquinas’ argument for real/apparent goods is

convincing?
 Task: Suggest three apparent goods, that aren’t good at all, explain
your choices.
1.

2.

3.

Task: Aquinas believed that humans never choose evil, although they
sometimes choose apparent goods which are in fact bad. Suggest examples that
challenge this view; in other words, examples of actions that humans choose
knowingly and purposefully. Is Aquinas’ view convincing?

Task: Does it matter if I do a good thing for the wrong reason, such as giving
charity for the admiration I might receive? Why might some say that this isn’t the
best way to act? Who would say this isn’t the best way to act?

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 Proportionalism
Associated with Bernard Hoose and Richard McCormick
- In recent decades there has been a move towards simplifying
Natural Moral Law and to make it more applicable to everyday life.
- Proportionalist’s such as Hoose have suggested that Natural Moral
Law is not just lists of absolute “thou shalt not's but a system of
guidelines which individuals must navigate for themselves.
- The challenge is so great that some Catholic theologians believe
there needs to be a compromise between Natural Law and
Situation ethics.
- Hoose accepts, as Natural Law does, that certain acts are wrong or
evil acts in themselves.
- HOWEVER, it states that there might be the right thing to do, if
there is a proportionate reason, to perform such acts.
- “There are certain moral rules and it can never be right to go
against these unless there is a proportionate reason which would
justify it”

- Proportionalism works within the framework of Natural Law.

However, it is more flexible only if a greater good could be
achieved by working outside of it.
- It allows for ‘ontic goods’ – qualities such as dignity, integrity and
justice, which in of themselves are not moral but are desirable
qualities and should be taken into account when making a moral
decision.
- Hoose (as a proportionalist) would argue that Natural Law fails to
recognise the holistic nature of human beings because it makes a
distinction between body and soul rather than recognising that
humans are a psychophysical unity that combines reason and
nature (which is what Aquinas would claim).
- Aquinas’ teaching does allow for a degree of proportionalism -->
for example, if someone was dying from starvation then it would
be acceptable to steal rather than die.

- A proportionalist may argue that the best we can aim for is a

theology of compromise. Since we live in a world that has fallen
(due to original sin), the best we can aim for is a moral
compromise, not moral perfection.
- It is more compassionate than traditional Natural Law because it
allows for an individuals circumstances to be taken into account.
- Proportionalism does not allow people to suffer just to uphold
Natural Law.
- A proportionate amount of good and evil.
 Natural Moral Law Strengths and Weaknesses
Strengths Weaknesses
Rational – Natural Law uses practical reason, Too simplistic - Humans do not have a single
it is a common-sense approach. ‘fixed’ human nature.
God - Doesn’t require belief in God, as it is
based on empirical observations of our God - Requires belief in God, as it relies on a
nature. God- given purpose
Objective – Natural Law gives us rules that Outcomes - Leads to immoral outcomes e.g.
are true independently of our individual not allowing contraception led to spread of
thoughts and desires. AIDS and overpopulation in Africa
Purpose - The idea of ‘purpose’ in nature can
Purpose - The world has meaning, purpose be explained by science (evolution and
and values. natural selection).
Cultural Relativism - Neilsen questions the
Flexible - allows for secondary precepts to
unchanging nature of Primary Precepts in
vary according to culture, as they are the
Natural Law, using Cultural Relativism.
practical working out of the universal
Gareth Moore argues our nature is a product
primary precepts.
of culture and society.
Double Effect - brings in consequentialism
through the back door. You are allowed to
Double Effect - gets around problems of
do some terrible things because of double
conflicting secondary precepts.
effect, and at other times you can’t do really
helpful things.
Agape - Jesus was opposed to legalism, and
Instinctive - Natural Law’s rules are in line broke rules in order to do the most loving
with our instincts and intuitions. thing.
Virtues - Focuses on human virtues and
excellence – the cardinal virtues of Too optimistic - It has a too optimistic view
prudence, justice, temperance, fortitude, of human nature. Augustine disagrees
and theological virtues of faith, hope and (original sin), as does Calvin (total depravity).
charity
Unholistic - Vardy/Grosh – Aquinas’ view of
Thriving - Helps humans achieve health, human nature is unholistic and over-
happiness, friendship etc. simplified
All-encompassing - There are issues not Unreliable - Scripture is more reliable than
covered in the Bible such as Genetics. reason, as reason leads to corruption.
Consequences - Doesn’t consider
Human dignity - Values human life highly. consequences. (Bernard Hoose and
Proportionalism).
Conflicting rules - As with any absolutist
Human Rights - Protects the absolute nature theory, what if two universal rules come into
of Human Rights. conflict with each other?
Reliable - Predicting consequences is not
reliable. Natural Law gives us rules that we Impractical - Predicting consequences works,
see in societies throughout the whole world and is the best way of deciding what will do
e.g. Do not kill. the most good.
Out-dated - Natural Law is stuck in the past,
Absolute - Our ‘post-modern’, secular society enforcing traditional views that are out of
has lost all sense of objective values and touch with 21st century society. This leads to
truth. Pope Benedict calls this the homophobia, intolerance of other cultures
‘dictatorship of relativism’. etc.
Autonomy - Natural Law allows the Naturalistic Fallacy - how we are is not the
individual, using reason, to work out for same as how we ought to be. Just because
themselves what is objectively right and sex produces babies, this doesn’t mean that
true, not relying on religious authority, every act of sex ought to be open to
scripture or tradition. procreation.

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 Contemporary Application
to Ethical Issues
- Abortion is the artificial ending of the life of a foetus in the
womb (uterus).
- This may be medical (through the use if an abortion pill which
medically induces the abortion) or through a surgical abortion.
- Abortion has been legal in England since 1967 when The
Abortion Act passed. A new upper time limit of 24 weeks was
introduces in 1990 under The Human Fertilisation and
Embryology Act. There is currently some debate about when
the cut off point should be regarding a women’s pregnancy.
- Abortions are available on the NHS but a woman must be
referred by a doctor.
- An abortion can be carried out if one of the following conditions
applies: the life, physical or mental health of the mother is at
risk, the mother’s existing family will suffer or there is a
reasonable chance that the child will be born severely disabled.
- There is no upper limit if the life or physical health of the
mother is at risk or if there is a reasonable chance of a seriously
disabled child being born.

- One of the important issues surrounding abortion is the

question of exactly the moment of the beginning of
‘humanness’  when is someone classed as a person?
- The beginning of ‘humanness’ is debated in philosophical and
ethical and legal circles but biologically speaking, the beginning
is at conception (this is still vague).
- For many Natural Moral Law followers, although the embryo is
not yet a fully-fledged person, it has the potential the become
one .
- As humans therefore we have the upmost responsibility to
protect this life.
- Natural Moral Law is absolutist; abortion therefore is never
acceptable.
- The sanctity of life is also a key issue. This is the belief that life is
in some way sacred or holy. Kant argued for this not based on
religious grounds but on purely ethical grounds.

Peter Singer  he highlighted the issue surrounding the debate of

abortion. “To kill a human adult is murder, and is unhesitatingly and
universally condemned. Yet there is no obvious sharp line which marks
the zygote from the adult. Hence the problem.”
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 Application of Natural Law to the
issue of abortion
- For those who accept Aquinas’ doctrine of Natural Law and seek to apply
this to the issue of abortion, believe that the key primary precept involved
her is that of preserving innocent life.
- Hence the act of abortion is seen as inherently evil because of the
intentional and direct killing of an innocent human being.
- This would apply to all situations including the case of rape and incest.
- The debate, however, will then focus on when a foetus can be considered
as a person.
- Opinions vary between regarding it as the moment of conception or
choosing the time of the appearance of a certain feature, such as neural
(brain) activity.

- There is another approach that could be taken. Professor of Ethics,

Howard Kainz has argued that in the case of abortion, two other
precepts are perhaps even more relevant to the issue of abortion than
the ‘preservation of life principle’.
- This is the right to procreation and the right to nurture offspring.
- He argues that in the case of abortion there are those who defend the
right of the woman if her life is in danger. ‘Those who apply the first
precept often make an exception for situations threatening the life of
the mother, since there is a area of debate regarding rape in that ‘if
every woman has a right to conceive and procreate, and if this right
implies that she has a right to make that choice voluntarily, no more
obvious infractions of that right than rape and incest can be
contemplated’.
- In other words, if one uses a principle of exception for the first precept,
then one has to admit the possibility that there could be exceptions in
applying the two precepts of right to procreation and nurturing
offspring.
- Just as one has the right to preserve one’s life, one also has an equal
right to preserve one’s choice to procreate. Rape clearly violates this
choice  therefore there is a question of conflicting principle within
the primary precepts as they stand. Opens the debate of real and
apparent goods but raises more questions.
- Kainz, however, argues that despite all this confusion, a more virtuous
approach to rape may be more Christian in terms of the dilemma of
abortion.
- He argues that ‘Christian principles may supersede considerations of
conflicts of rights related to Natural Law’.
- A woman who decides to nurture a child after rape or who sacrifices
her own life due to a problem pregnancy in order for the child to
survive are classic examples of virtuous behaviour that demonstrate
going the ‘extra mile’.
- He writes, “from the standpoint of Natural Moral Law, such decisions
would belong in the category of heroic virtue – sacrifices of personal
rights that go beyond any normal call to maternal responsibility’.
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Task: Abortion goes against the primary precepts because:

As a consequence, the secondary precept is: Abortion is wrong. This

is absolutist.
Task: Abortion also goes against the following virtues because…

Task: What issues may people raise or what could be argued to show that
Natural Moral Law is not always clear when applied to abortion?

Task: Explain Kant’s explanation for the sanctity of life on purely

ethical grounds.

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