Posts Tagged ‘Aquinas’

Natural Law in an Age of Nihilism (pt. 2)

June 11, 2019

What Pompeo seems to be saying, therefore, is that the Republican government wants to redefine this notion of “human rights” in terms of a particular definition of “human nature.” Is this necessarily “misogynistic” or “homophobic”? I will mention the sophistic argument that if it is based on “human nature” and “natural law” then of course it can’t be, since by definition it can’t be an “irrational” hatred of women or fear of gay people if it is “natural.” This is circular and unlikely to quell any concerns by people who are not already convinced that the particular “nature” on which this “natural law” is based is the true one. The real question, after all, is whether this proposed alteration is likely to be harmful to the interests and desires of women, gays or anyone else. Aristotle’s philosophy stated that all non-Greeks (whether Asiatics, less civilized Europeans or whatever) were inherently “irrational” and thus natural slaves, most fulfilled living lives in slavery to the wiser Greeks. Likewise, he believed women were inherently less intelligent and less rational than men, and would only be truly happy living in households controlled by Greek men. In essence, he looked at his own Athenian culture and judged all others in comparison to it; those that gave greater rights to women or to non-Greeks were said by him to be disordered in some way, and those that were a completely different culture he deemed “barbarian,” a term that literally meant “non-Greek speakers,” fit only for domination. Clearly, a society based on that sort of “natural law” would be bad for women, since women would only fulfill their “nature” by running the household for men who were active in the political and economic life of the society, having and raising children, and managing their slaves. Whether it would be bad for gays is another question; the Greeks accepted and expected male-male sexuality, particularly between older men and teenage boys. But in the Catholic understanding, the fact that there are two genders suggests that sexuality is intended for reproduction, and any expression of sexuality that cannot possibly lead to pregnancy is unnatural and disordered: not only abortion, but homosexuality, contraception, and masturbation.

But the Thomistic view of natural law is not the only possible one. Utilitarians in the 19th Century had a very different view of human nature, one that emphasized pleasure as the motivation for all actions, and thus defined a “good” act as one that brought the most pleasure possible to the most people possible, or aimed to reduce suffering to the least amount to the fewest people possible. Based on this understanding of human nature, and of nature in general, they were politically active supporting laws against animal cruelty (since animals too can suffer), in support of workers and poor people (such as opposing debtors’ prisons), supporting the rights of women, and so on. Kantians by contrast argue that “human nature” is to be guided by pure practical reason, apart from concerns about sensation; therefore, what is moral is what is done out of a sense of duty towards the universal moral law. A prominent example of this sort of moral law reasoning is the philosopher Robert George, who in an interview argued against Peter Singer’s extreme utilitarianism by asserting that we must base our legal understanding of human rights on the principle of always treating others as ends in themselves, never as means towards another end (Kant’s second version of his Categorical Imperative). By this understanding, any law that seems to treat another person as less than infinity valuable would be immoral and unnatural, even if the person wished to be so treated. For example, from a Kantian perspective voluntary suicide to escape a painful terminal illness would be wrong since it would be treating the other in terms of sensation rather than as a rational being whose every moment of existence is valuable regardless of whether it is pleasant. So taking the legal definition of “natural law theory,” we can wind up at radically different legislation based on different moral theories. A full commitment to natural law as both a philosophical and legal principle would most likely argue that moral people reasoning together will be able to discern the moral principles inherent in human nature and base legislation on those principles. Whether this idea should cause alarm to any group would depend entirely on how they expect this administration, and the panel it has created, to define “human nature.”

To be continued…

Natural Law in an Age of Nihilism (pt. 1)

June 11, 2019

“You’re saying it’s a falsehood. And they’re giving — Sean Spicer, our press secretary, gave alternative facts to that.”

—–Kellyanne Conway

 

 

 

Secretary of State Pompeo of the Trump administration recently announced its intention to offer “fresh thinking” on the nation’s commitment to human rights by launching a new panel to investigate how to base our conception of human rights on “natural law.”[i] This has raised concerns with many in the LGBTQ community in particular, who have interpreted it as a weakening of the commitment of the United States to gay and lesbian rights (and possibly others). Are these concerns justified? Just what does these terms mean, anyway? Is this, as its proponents contend, a desirable effort to put the concept of “human rights” on a solid foundation? In this paper, I shall attempt to explore the public claims on behalf of this attempt to redefine our national policy in terms of natural law, “natural law” has historically meant and what it more generally means, and what a claim to commitment to natural law means in an era of alternative facts.

For any non-philosophers who may stumble across this, let’s start with the basics: what is “natural law”? In philosophy, it refers to the idea that morality should be deduced from facts of nature, and specifically human nature. In its most common form, Catholic moral teaching, it has its roots in Aristotle’s ethical thought. Aristotle argued that a human is a rational social animal. That is, the human soul, or Form, or essence has a vegetative part, which is to say it is alive like any plant or animal. Humans are also sensitive, like any other animal; they feel and sense their surroundings, and react to it to gain food or whatever else they desire, and to escape what is harmful. They are social; a single human cannot gain everything he or she wants alone, but needs to live in a community with others. And what makes humans unique is that they are rational; they can guide their actions by reason, and can enjoy simply thinking and understanding philosophy, history, science and other general areas of knowledge. Therefore, a fulfilled human life is one that includes not only the essential bodily needs and some comforts, but also includes a life guided by reason and in community with other likewise rational people. As St. Thomas Aquinas took over Aristotle’s philosophy and sought to reconcile it with Christian theology, he argued that this understanding of human nature revealed a natural law, alongside the divine law revealed by God through Moses and the other prophets, and finally through Jesus. While revealed law is of course only knowable to those to whom it has been revealed, natural law is understood through immanent knowledge, through understanding nature, which is something any rational and observant person can do. Part of the point of distinguishing “natural law” from “divine law” is to say that natural law is accessible to, and thus also binding on all human beings.

Legally, the idea of “natural law” is that legal regulations should not be based on some more or less arbitrary social convention or social contract, but on philosophically and (at least generally understood as) universally knowable moral principles. Laws should not discourage actions that are morally fulfilling for humans to pursue, and should discourage those that are unnatural or harmful in some way. If we want to say, for example, that people should be punished for driving faster than 45 miles on this particular road, it is not enough that a majority of people think it’s a good idea; we need to show that driving faster than that is somehow good for people (such as preserving life) and that it does not unduly restrict their natural freedom (as banning all cars might, since people have a right to own and use property within reason, including cars). Thus this sort of thinking is radically opposed to Hobbesian social contract thought, which says that all laws are ultimately “good” simply because the government says they are good and the rest of society obeys them because living according to the social contract is better than living as an outlaw or solitary exile.

To be continued…

[i] Nahal Toosi, “State Department to Launch New Human Rights Panel Stressing ‘Natural Law;” Politico 5/30/2019 (https://www.politico.com/story/2019/05/30/human-rights-state-department-1348014)