Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist (...) separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

Recent decades have seen a shift away from the traditional view that Aquinas's theory of the natural law is meant to supply us with normative guidance grounded in a substantive theory of human nature. In the present essay, I argue that this is a mistake. Expanding on the suggestions of Jean Porter and Ralph McInerny, I defend a derivationist reading of ST I-II, Q. 94, A. 2 according to which Aquinas takes our knowledge of the genuine goods of human (...) life and their proper ordering to one another to be self-evident only to the wise who are able to discern the truth about our God-given human nature. I then show that this reading provides a better account of Aquinas's view than two recent alternatives: John Finnis's brand of inclinationism and Daniel Mark Nelson's virtue-based interpretation. (shrink)

In the ten dense chapters of his new book, John Finnis examines and sometimes amends what he takes to be the key moral, legal, social and political doctrines of Thomas Aquinas. Finnis correctly stresses that neither ethics nor politics, in the Arstotelian tradition to which Aquinas belonged, are theoretical sciences. They are ‘practical’ or action‐guiding sciences. Since societal order originates in free choice, it is subject to moral norms. The latter are more firmly grounded by Aquinas than Aristotle because (...) the former unlike the latter has an explicit and coherent account of universal or exceptionless moral principles.Finnis natural law ethics derives from a set of self‐evident precepts that focus practical reason on the pursuit and protection of basic human goods. Finnis expanding list of the latter now include marriage. Finnis equates – implausibly, in my view – attaining the ensemble of basic human goods with Aquina's notion of beatitudo imperfecta or this‐worldly happiness.Throughout the book, Finnis' exegesis of Aquinas is slanted towards bolstering Finnis' own Thomist philosophical ethics. Accordingly, Thomistic historical scholarship, which carefully traced Aquinas' biblical and patristic sources and which locate Aquinas' theological ethics within the conditions of his own life and times, has little weight in Finnis' interpretation. Overall, Finnis shows little concern for the internal logic of the Summa theologiae and, consequently, he does not adequately clarify how Aquinas' own ethics, according to its proper principles, can be both integrally theological and rational without thereby becoming a philosophical ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas’s Theory of Natural Law: An Analytic Reconstruction by Anthony J. LisskaV. Bradley LewisAnthony J. Lisska. Aquinas’s Theory of Natural Law: An Analytic Reconstruction. Oxford: Clarendon Press, 1996. Pp. xv + 320. Paper, $24.95.This volume aims to provide an explication of the natural law theory of St. Thomas Aquinas “consistent with the expectation of philosophers in the analytic tradition” (10–11, 17). Accordingly, the author begins, (...) in the first three chapters, by reviewing the recent history of Anglo-American metaethics, aligning himself broadly with those critics of analytic ethics like G. E. M. Anscombe, Alasdair MacIntyre, John Finnis, Martha Nussbaum, and Henry Veatch, who have argued for a recovery of Aristotelian moral theory, against varieties of intuitionism, non-cognitivism, and neo-Kantianism. Lisska’s principal objective is to present a reconstructed natural law theory based primarily on Aquinas’s discussion in questions 90–97 of the prima secundae of the Summa theologiae (a translation of these questions is appended to the book). This he offers mostly in the fourth, fifth and eighth chapters of the book. The sixth chapter is a critique of John Finnis’s account of natural law and the seventh is an exposition of the views of Henry [End Page 526] Veatch. The ninth chapter presents some suggestions on how the author’s account can illuminate controversies over the grounding of human rights, and the tenth is a brief conclusion.The three introductory chapters consist mainly of a review and endorsement of the critics of academic ethics since Moore’s Prıncipia Ethıca. Having accepted arguments for the inadequacy of modern ethics, Lisska argues for the recovery of Aquinas’s views which he sees as in fundamental continuity with Aristotelian ethics (84, 89, 100, 102–105, 108, 134–36). His central thesis is that natural law is a “second-order inquiry” based on a realist metaphysics of the human person as defined by a set of dispositional properties, the realization of which constitutes Aristotelian eudaimonia and Thomistic beatitudo (17, 104–106, 131–37, 152–55, 186, 195–201). Moreover, Lisska contends that Aristotelian “eudaimonism” constitutes an adequate account of moral obligation: what he calls, after Veatch, “obligatory teleology” (107–109, 121, 202–205, 235).At the core of Lisska’s account, then, is a metaphysical dispute that pits Aristotelian essentialism against modern reductionist ontology. This metaphysical core is separated from any theological implications in the fifth chapter (especially 119–23, 137) and Lisska reinforces his metaphysical thesis by appealing to Saul Kripke’s discussion of natural kinds and the early work of Hilary Putnam (97–99, 125, 206–209). Given the centrality of metaphysical argument, a critique of Finnis’s theory goes without saying, and Lisska devotes a chapter to it, adding another to expound Henry Veatch’s contrary view.While this book undertakes an important effort to recover a workable natural law theory—especially in its commendable stress on metaphysical questions—it is, as a whole, less satisfactory than it might have been. A good part of this owes to the book’s abstraction from historical questions. No sustained attention is devoted to the problems that accompanied the reception of Aristotle by Christian theologians, nor to the place of natural law in Aquinas’s overall understanding of morality. The former point is not so surprising, given the book’s analytic concerns; the latter, however, carries more serious theoretical implications. Why is it, for example, that natural law takes up so little space compared to the questions on happiness, human acts, and the habits and virtues in the prima secundae, not to mention the detailed treatments of the virtues and vices in the secunda secundae? Similarly, where Aquinas stresses that natural law as law is directed to the common good (Iallae 90.2), Lisska treats it mostly as a guide to “self-realization.”This issue suggests the tensions between Aristotle and Aquinas, tensions that seem to show themselves precisely in Aquinas’s discussion of the very notion of natural law, a notion that has no equivalent in Aristotle. This question hangs over Lisska’s brief treatment of obligation, in particular, since that concept is also lacking explicit treatment in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential nature of things—making (...) evil good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

John Finnis proposes that practical reason finds the basic meaning of all human choice and action in a set of self-evident ends. Finnis terms these ends, "basic goods." He suggests that "integral human fulfillment" is attained by honoring a set of equally self-evident requirements governing consistent respect for these same "basic goods." Such requirements have the character of moral obligation. In this view, the civil law exists to advance the observance of one such requirement: "that one foster and (...) favour the common good." The normative evaluation of law follows from this same requirement. Finnis considers Aquinas his precursor. Thomas does indeed assume the existence of self-evident goods of choice and action, but, in contrast to Finnis's goods, which are not based in ontology, Thomas's represent modes of becoming fully a human being according to a conception of human nature. H. L. A. Hart is a liberal thinker who was Finnis's contemporary and teacher at Oxford. A comparison of Finnis and Hart shows that Hart's characteristically modern perspective interprets the data of moral consciousness in a way which rejects not only Aquinas's ontology, as does Finnis, but goes further and rejects Finnis's cognitive interpretation of "basic goods." Comparison also shows that Hart shares Finnis's concept of law as technique, but unlike Finnis, who still grasps law in relation to a moral purpose, Hart's considers such a technique to be morally neutral. These patterns of similarity and difference between the natural law jurisprudence of John Finnis and the theories, respectively pre-modern and liberal, of Aquinas and Hart point to the distinctive character of Finnis's "basic goods" reasoning and highlight some of its salient strengths and weaknesses. (shrink)

This book aims to present Thomas Aquinas’s theory of natural law as a cogent theory of ethics for those trained in Anglo-American analytic philosophy. To this end, Lisska explains the Thomistic theory in language intelligible to those untrained in scholastic philosophy and also takes up modern criticisms leveled against Aquinas with respect to his naturalism, his reliance on an outmoded metaphysics of essences, his failure to acknowledge the is/ought distinction, the absence of categorical imperatives, and so forth. In (...) addition, Lisska locates his own interpretation of Aquinas’s theory among other contemporary interpretations, particularly those of John Finnis and Henry Veatch. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name (...) for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

This article describes Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth-century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. Four approaches to natural law that have evolved within the United States during the (...) twentieth century are then identified, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition issuperior to the liberal ethics of modern deontology and utilitarianism. (shrink)

The last third of the twentieth century witnessed a burst of energy by philosophers sorting out the many-faceted claims of natural law theory. Natural law theory, rooted in the Nicomachean Ethics with some modifications by the Stoics, was studied in the twentieth century mainly through the writings of Thomas Aquinas, followed by those of the Salamanca school, which was central to the Second Scholasticism. The horrors of the Second World War and the trials following it, with their (...) charges of “crimes against humanity,” prompted a renewed interested by English-speaking philosophers in natural law jurisprudence. Analytic philosophers followed Elizabeth Anscombe’s urging to venture beyond the limits of early twentieth-century moral philosophy; Alasdair MacIntyre’s writings buttressed the return to ethical naturalism; John Finnis’s “new natural law” theory also contributed to this renaissance. These many avenues form the conceptual backdrop to the eight books reviewed in this essay. (shrink)

Catholic natural law has had a long and evolving interest in bioethics. Thomas Aquinas left natural law a legacy of great flexibility in evaluating goods within a whole life. He also bequeathed to the Church the basis for an abolutism on sexual issues. Modern reproductive medicine and a deeper understanding of human freedom have reopened these issues. The Vatican has developed new, holistic arguments to proscribe reproductive interventions, but critics remain unconvinced that marital relationships and goods have (...) been adequately evaluated. The resolution of this debate will require further experience and reflection. Keywords: Thomas Aquinas, freedom, natural law, reproductive ethics CiteULike Connotea Del.icio.us What's this? (shrink)

Does God have any relevant role in the new natural law theory of Germain Grisez and John Finnis? Finnis declared in Natural Law and Natural Rights that he wanted to offer “a theory of natural law without needing to advert to the question of God’s existence or nature or will.” Grisez claims that “man’s ultimate beatitudo cannot consist in the vision of God.” Indeed, there is no consistent role for God in their philosophical theory. In this (...) article, the author shows that their mistakes about God depend first on their metaphysical way of looking at nature, which is closer to thinkers like Hume and Kant than to Aristotle and Aquinas; and second on some strong misunderstandings in moral philosophy about the concept of ultimate end. He shows the unfortunate theological outcome their flawed metaphysics and morality have already produced. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 35–45. (shrink)

There is a dilemma at the heart of the moral life, in that we often appeal to the Decalogue as being the basis of a common morality, yet it is impossible to justify these precepts as self-evident. I resolve this dilemma in light of Aquinas’s analysis of the relation between the self-evident precepts of the natural law and the Decalogue. The self-evident precepts (that man should live in society and should know and love God) follow directly (...) from human nature. The precepts of the Decalogue indicate how those goods are to be pursued in the context of just social relations. It is this contextualization in terms of just relations that prevents them from being self-evident and, correspondingly, requires their revelation. Since the commandments act as invitations to pursue the good without the defects of injustice, they are the most manifest condition for achieving the end of human happiness. (shrink)

We describe the Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. We then identify four approaches to natural law that have evolved within the (...) United States during the twentieth century, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition is superior to the liberal ethics of modern deontology and utilitarianism. (shrink)

We describe the Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. We then identify four approaches to natural law that have evolved within the (...) United States during the twentieth century, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition is superior to the liberal ethics of modern deontology and utilitarianism. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I (...) think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

In Aquinas's Eschatological Ethics and the Virtue of Temperance, Matthew Levering argues that Catholic ethics make sense only in light of the biblical worldview that Jesus has inaugurated the kingdom of God by pouring out his spirit. Jesus has made it possible for us to know and obey God's law for human flourishing as individuals and communities. He has reoriented our lives toward the goal of beatific communion with him in charity, which affects the exercise of the (...) moral virtues that pertain to human flourishing. Without the context of the inaugurated kingdom, Catholic ethics as traditionally conceived will seem like an effort to find a middle ground between legalistic rigorism and relativistic laxism, which is especially the case with the virtue of temperance, the focus of Levering's book. After an opening chapter on the eschatological/biblical character of Catholic ethics, the ensuing chapters engage Aquinas's theology of temperance in the Summa theologiae, which identifies and examines a number of virtues associated with temperance. Levering demonstrates that the theology of temperance is profoundly biblical, and that Aquinas's theology of temperance relies for its intelligibility upon Christ's inauguration of the kingdom of God as the graced fulfillment of our created nature. The book develops new vistas for scholars and students interested in moral theology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Achievement of David Novak: A Catholic–Jewish Dialogue ed. by Matthew Levering and Tom AngierChristopher KaczorThe Achievement of David Novak: A Catholic–Jewish Dialogue, edited by Matthew Levering and Tom Angier (Eugene, OR: Pickwick, 2021), 360 pp.The Achievement of David Novak: A Catholic–Jewish Dialogue, edited by Matthew Levering and Tom Angier, brings together twelve essays on various aspects of Novak's thought along with a response to (...) each essay by Novak himself. The topics themselves concern whether Jews and Christians worship the same God, suicide, natural law, Pope Pius IX, justice, the sanctity of human life, and supersessionism. Its contributors include senior scholars as well as those at the beginning of their careers. Each essay, arising from some aspect of Novak's vast corpus, is replied to by Novak himself. These replies are instructive, for they show a great teacher at work, responding with nuance and charity to criticisms and always moving the conversation forward in illuminative ways.Levering opens the volume with a contribution about Novak as a master of Jewish–Christian dialogue, indeed, "the greatest master of Jewish–Christian dialogue who has ever lived" (1). Levering highlights the intellectual pedigree of Novak, whose teachers included Abraham Joshua Heschel, Leo Strauss, Yves Simon, Louis Dupré, and Germain Grisez. Jews are called to live according to the revelation to which they are accountable. Christians are called to live according to the revelation to which they are accountable. Neither Jews nor Christians should hold the other group accountable for their distinctive revelation, but neither Jews nor Christians should hide or minimize what they have to offer to the other.Princeton's Robert P. George interviews Novak, revealing something of the origin story shaping decades of dialogue between the rabbi and [End Page 299] Catholic interlocutors, perhaps the most influential of which was Germain Grisez, Novak's dissertation director in the early 1970s at Georgetown University and a colleague in founding the "new natural law" school, along with George's own dissertation director, John Finnis.Melanie Barrett's essay highlights the importance of natural law, a key theme in Novak's work, for a pluralistic and secular milieu. She cites him saying, "Jews ought to encourage non-Jews to pray in public in order to show how much they believe the world, including the political order, is dependent on God" (48). Such public prayer creates more opportunity also for Jews to express their faith in public.Invoking Gottlob Frege's distinction between sense and reference, Francis Beckwith tackles the question of whether the Trinitarian God is the same God as the God of Abraham. Cassius Clay and Mohammed Ali have the same reference, though different senses. Like Novak, Beckwith believes Catholics and Jews worship the same God.John Berkman returns to the subject of much of Novak's early writing, suicide. Berkman's chapter seeks to explore the similarities and differences between Jewish and Catholic views on the topic. Novak's dissertation exploration of Plato's, Aquinas's, and Kant's views was supplemented by his experience working as a rabbi and hospital chaplain at St. Elizabeth's Hospital in Washington, DC, a facility that specializes in treating mental illness. One of Aquinas's arguments against suicide is that it is contrary to proper love of self. In his response to Berkman's essay, Novak highlights that the command "to love your neighbor as yourself" could mean "as you love yourself" or "as you yourself are loved by God" (118).David Elliot, a former student of Novak's, responds to quasi-Marcionite attacks on the manualist tradition by what might be called the "beige moral theologians" of the 1970s. He highlights Novak's insight that "our terror of God's power is mostly sublimated into our reverence for God's wisdom.... It should reappear only when we are tempted to stand up against God in contempt rather than standing before him in awe" (134).Tom Angier, one editor of The Achievement of David Novak, treats the difference between a more typically Scholastic approach to natural law grounded in metaphysics and Novak's theologically formulated approach. But Novak replies, "I tried to... (shrink)

To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no (...) longer depend on their own self-evidence, but must be attempts to uncover commonality as to what is natural. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics and Natural Law: The Relationship in Catholic TeachingJ. Bryan Hehir (bio)In the discipline of Catholic moral theology, bioethics (traditionally described as medical ethics) has held a major place. The systematic development of bioethics has drawn principally upon a natural law ethic, supported by broader religious arguments. The purpose of this essay is to examine the status and role of natural law in (...) Catholic teaching as it bears upon bioethics.Natural Law and Catholic TheologyThe role of natural law in Catholic theology is rooted in a prior conviction about the complementary relationship of faith and reason. The conviction finds initial expression in patristic authors, then preeminently in Thomas Aquinas and consistently in modern papal teaching of the twentieth century. Flowing from this conviction, as a premise of Catholic theology and teaching, is the [End Page 333] notion that a second source of moral wisdom exists along side the revealed wisdom of the Hebrew and Christian scriptures. This second source of wisdom is the product of rational reflection upon human nature and experience. In the tradition of natural law ethics (expressed in a plurality of versions), such reflection affirms an objective moral order, accessible to reason and based upon a conception of the person as both spiritual and social. The spiritual nature, expressed in the capacity for reflection and free choice, is the foundation of the natural law ethic, providing the human person a unique status in the created order. The social nature of the person locates each human being in a framework of social relationships, articulated in a complex of rights and duties and finding expression in three basic communities: the family, civil society, and the human community.The fully developed framework of a natural law ethic has five dimensions. It yields a theory of society, a doctrine of the state, a charter of duties and rights, a jurisprudence, and an applied ethic. At each level of this framework, the natural law ethic is contested by other contemporary philosophical positions. In this article, space demands that stress must be placed on the natural law affirmations without trying to engage the critics.The centrality of the social nature of the person yields a theory of society that is organic in character, laying strong emphasis on the social fabric of existence. Hence the theory has traditionally emphasized both order and justice more strongly than claims of freedom. The doctrine of the state, in contemporary natural law arguments, supports a limited yet activist state, limited by constitutional restraints and human rights claims, yet activist in its conception of a broad range of social obligations, particularly to the poor. The charter of rights affirms a range of both political-civil and socio-economic rights; the traditional natural law emphasis on a structure of duties has been complemented in the twentieth century by its stress on the role of human rights. The jurisprudential theory of natural law has been its most prominent aspect; it affirms a moral grounding for civil law, but distinguishes precisely between the comprehensive nature of moral law and the more limited scope of civil law, restricted to the maintenance of public order in society. Finally, the natural law framework finds expression in Catholic teaching in three areas of applied ethics: social ethics (civil society and international relations), sexual ethics, and bioethics.History and StatusWhile a natural law ethic has been a staple of Catholic social and bioethical teaching, it has not held similar status in the wider arena of contemporary philosophical or theological ethics. Through the 1950s, therefore, one could find a strong consensus supporting natural law within the Catholic community and ongoing debates within the wider world of philosophy and bioethics. Since the 1960s, any description of the status and role of natural law must consider the debates within Roman Catholicism itself about the role and status of natural law. [End Page 334]It is possible to distinguish two stages of these internal arguments in the church. In the period from 1960 to 1990, three events in Catholicism directly influenced the standing of a natural law position: John XXIII’s encyclical Pacem In Terris (1963), Paul XI’s encyclical Humanae Vitae (1968), and the teaching of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BASIC GOODS AND THE HUMAN GOOD IN RECENT CATHOLIC MORAL THEOLOGY }EAN PORTER University of Notre Dame Notre Dame, Indiana 0 NE OF THE MOST striking features of Catholic moral theology since Vatican II has been the reluctance of so many moral theologians, on all sides of the controversies which have characterized that discipline, to offer a substantive account of goodness and the human good as a (...) basis for understanding the moral life. There has been an extensive discussion of human goods (plural) and their relation to moral obligation, but no one, to my knowledge, has attempted to ground that discussion systematically in a substantive account of what it means to live a good human life which would precede and justify the identification of some goods as true or basic human goods. To the contrary, a number of the most influential moral theologians, led by Germain Grisez and John Finnis, insist that our knowledge of moral obligation cannot be based on any such general metaphysical or anthropological theory. Instead, they hold that morality is grounded in our recognition of certain basic goods, which are self-evident to us. My purpose in this essay is to examine the claim that some basic goods are self-evidently such to us. I will argue that Grisez and Finnis have not made a convincing case that there are selfevident basic goods. Moreover, I will argue that, to the extent that defenders of proportionalism do not challenge the GrisezFinnis account of basic goods, their alternative theories of morality are vitiated as well. I will conclude that the current debate in Catholic moral theology concerning the foundations of moral obligation might more fruitfully be cast as a debate over rival ac27 28 JEAN PORTER counts of the human good, than as a debate over the moral significance of particular goods. The Grisez/Finnis account of basic goods In order to understand the point of the account of self-evident basic goods developed by Grisez and Finnis, it will be necessary to see how this account functions in the context of their overall theory of morality.• This theory of morality begins with a general account of practical reason, which is then narrowed down into a theory of moral action, interpreted as action that is rational in the fullest possible sense. That is, this theory begins with the observation that all rational agents act in order to obtain or to preserve something that seems to be good, at least to that agent. But even the most rational agent can be mistaken as to whether this concrete desideratum is truly good, and in such a case the action is likely to be self-frustrating or even harmful to the agent (to say nothing of its consequences for others). Hence, the exigencies of practical reason itself, prior to the introduction of any properly moral consideration, force us to ask whether the seeming goods for which we act are true goods. And how are we to distinguish between true and seeming goods? Grisez and Finnis reply that the (true) good in its most general sense must be understood as that which is desirable, not only for this or that individual or in these special circumstances, but desirable per se, for every individual and in all situations. So far, this line of analysis will be familiar to anyone acquainted with scholastic philosophy. But at the next stage of the argu1 In my summary of the theory of morality put forth by Grisez and Finnis, I have relied primarily on the following works: John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980); Germain Grisez, The Way of the Lord Jesus, Volume One: Christian Moral Principles (Chicago: Franciscan Herald Press, 1983); and Germain Grisez, Joseph Boyle, and John Finnis, "Practical Principles, Moral Truth, and Ultimate Ends," The American Journal of Jurisprudence, 32 (1987), 99-151. The latter essay presents a summary of their theory including a detailed commentary on the earlier works through which it was developed, as well as responses to critics, and may be said to be the definitive statement of the Grisez/Finnis theory of morality up to now. BASIC GOODS AND THE HUMAN GOOD 29 ment, the originality... (shrink)

Combined oral contraceptives have been demonstrated to have significant benefits for the treatment and prevention of disease. These medications also are associated with untoward health effects, and they may be directly contraceptive. Prescribers and users must compare and weigh the intended beneficial health effects against foreseeable but unintended possible adverse effects in their decisions to prescribe and use. Additionally, those who intend to abide by Catholic teachings must consider prohibitions against contraception. Ethical judgments concerning both health benefits and contraception (...) are approached in this essay through an overview of the therapeutic, prophylactic, untoward, and contraceptive effects of COC and discussion of magisterial and traditional Catholic teachings from natural law. Discerning through the principle of double effect, proportionate reason, and evidence gathered from the sciences, medical and moral conclusions are drawn that we believe to be fully compliant with good medicine and Catholic teaching. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen BrockAngel Perez-LopezThe Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.How does the natural law fit the definition of law? Opinions clash among different interpreters of Saint Thomas Aquinas. Stephen Brock's book provides both (...) a magisterial and a definitive answer to this question.Like fine wine, this book has been fermenting and maturing for almost thirty years. Originally a doctoral dissertation, this recently published work has been rewritten, and to a certain extent, reworked by the author with respect to some of its content.Without disregard for nuances, the first chapter introduces the reader to four different groups of Aquinas's interpreters. The first two groups question the full legal character of the natural law in its dependence to the eternal law. The third one questions its naturalness. The fourth group, instead, upholds both the divine origin of the natural law's full legality in its dependence on the eternal law, as well as its natural character.Brock places Dom Odo Lottin, Wolfgang Kluxen, Germain Grisez, and John Finnis in the first group. They maintain that the natural law is a law only in a qualified sense and that it does not entirely fulfill the definition of law. The natural law would provide an intrinsic morality. It should be treated independently from the eternal law. The second group is composed by authors such as Frederick Copleston, Alan Donagan, or Gregory Stevens. Similar to the first group, they argue that the natural law is an autonomous self-standing law, legislated by human reason. Thus, it should be treated independently from the eternal law, except to point out its ultimate origin.The author who exemplifies the third position is Ernest Fortin. Reacting against Finnis, Fortin's position jeopardizes the natural character of the natural law. In his view, the legal force of the first principles of practical reason is not fully actualized until one recognizes the divine institution sanctioning them. [End Page 981]All the authors of the fourth group uphold that the natural law is fully a law on account of its divine origin and that it is also entirely natural insofar as it is naturally known by human reason. Herein Brock places commentators of Saint Thomas such as Francisco Suarez, Dominic Farrell, Lawrence Dewan, and himself. He also includes in this last group other philosophers such as G. E. M. Anscombe and Peter Geach. In the course of his whole study, Brock shows how Aquinas's true position differs from the other members of this group. Special attention is given to the differences between Aquinas's true mind and the interpretations offered by Suarez, Farrell, and, to a certain degree, even by Dewan. In order to better appreciate the depth of this process, I have found it very helpful to read Farrell's The Natural Law According to Aquinas and Suarez in conjunction with Brock's work.The second chapter targets the natural law's legal character in its dependence to the eternal law. It proves that Thomas provides a strict definition of the natural law when he says that it is nothing but a participation of the eternal law in the rational creature. This chapter opens with a historical study concerning the influence of the Summa Fratri Alexandri in the Summa theologiae (ST). Aquinas's understanding of the dependence of the natural law on the eternal law turns out to be more systematic and refined. It is based on a fuller comprehension and development of what law is (the ratio legis).The remainder of the second chapter consists in a superb commentary regarding ST, I-II, q. 91, a. 2, on whether something existing in man is fit to be called a natural law. Promulgation is the element of the definition of law that specifies the different kinds of laws. Hence, the natural law is differentiated from the others by its natural promulgation, namely, by the act through which the order of the eternal law (already instituted by God... (shrink)

This introduction provides a comprehensive overview of the development of Catholic ethics in the wake of the Second Vatican Council, an event widely considered crucial to the reconciliation of the Catholic Church and the modern world. Andrew Kim investigates Catholic responses to questions of moral theology in all four principal areas: Catholic social teaching, natural law, virtue ethics, and bioethics. In addition to discussing contemporary controversies surrounding abortion, contraception, labor rights, exploitation of the (...) poor, and just war theory, he explores the historical sources of the Catholic worldview. Beginning with the moral vision revealed through the person of Jesus Christ and continuing with elaborations on this vision from figures such as Augustine and Aquinas, this volume elucidates the continuity of the Catholic moral tradition. Its balance of complexity and accessibility makes it an ideal resource for both students of theology and general readers. (shrink)

Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e.

The author offers, first, an account of St. Thomas Aquinas’s Aristotelian-inspired understanding of the object of a moral act and of what morally that species contributes to the act of which it is a part. Then, with special (but not sole) attention to two passages in Aquinas cited frequently by the proponents of the new natural law theory—that is, Summa theologiae 2-2.64.7 and the commentary on Peter Lombard’s Sentences 2.40.1.2—the author argues that a close analysis of Aquinas’s remarks on (...) objects and intentions does not support the claim that the new natural law theory is Thomistic. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 79–104. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ON LEO STRAUSS'S UNDERSTANDING OF THE NATURAL LAW THEORY OF THOMAS AQUINAS * DOUGLAS KRIES Gonzaga University Spokane, Washington IN COMPOSING the introduction to Natural Right and History in the early 1950's, Leo Strauss described the situation in American social science as a division between two parties : the modern liberals of one persuasion or another, who had largely abandoned natural right altogether, and the students (...) of Thomas Aquinas.1 Since the fundamental goal of that book was a recovery of the classical or pre-modern theory of natural right, one might have anticipated that Strauss's work would have been received enthusiastically by the latter group. If nothing else, Strauss and the Thomists were natural allies because they shared the same modern enemies: namely, historicism (the view that all human thought is confined to the immediate historical horizon of the thinker) and positivism (the view that human thought cannot make value judgments, but only judgments about observable matters of fact). Beyond that, Strauss explored very seriously the issues of reason and revelation.and of religion and politics-both of which are crucial for Thomistic political thought. Yet, despite such favorable auguries, a congenial affiliation of *The author wishes to acknowledge the helpful criticisms he received in the preparation of this manuscript from David Calhoun of the Philosophy Department at Gonzaga University. 1 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 2, 7. 215 216 DOUGLAS KRIES Straussians and Thomists was never formed.2 Many factors probably contributed to the losing of the opportunity,8 but presumably chief among them was the fact that, even though Strauss's view of Thomas was genuinely respectful, it was not unequivocally sympathetic. Strauss preferred classical natural right theory to modern natural right theory, and he came to the conclusion that Thomas's teaching on natural right-while certainly ' pre-modern ' 4-introduced novelties into the classical position which weakened it rather than improved it. The goal of this essay is to analyze Strauss's reservations about Thomas's statement of the problem of natural right. Such an analysis will, I hope, contribute to a more fruitful exchange between the students of Leo Strauss and those of Thomas Aquinas. I Perhaps the best way to initiate an explanation of Strauss's view of the differences between classical and Thomistic natural right is to contrast the starting points of the two theories. The classical approach begins with what is said about right, with the everyday opinions that are held about what is just. From such an immediate starting point the classical approach ascends toward true knowledge through the process of dialectics. Although all people have views about what is just, in fact such opinions, when examined through friendly disputation with a philosopher, are almost always found to be self-contradictory; however, the 2 This is not to suggest that Strauss was completely ignored and rejected by the Thomists. For an overview of the Thomistic literature which has considered Strauss, see James V. Schall, "Revelation, Reason and Politics: Catholic Reflexions on Strauss," Gregorianum 62 (1981), 349-365, 467-497. s See Ernest L. Fortin, "Rational Theologians and Irrational Philosophers: A Straussian Perspective," Interpretation 12 (1984), 349-350. 4 For Strauss, the fundamental division within the history of political philosophy was between the ancients and the moderns. He understood Thomas to be in the former camp and was critical of contemporary Thomists who, under pressure from the success of modern physics, had attempted to ' modernize ' Thomas by jettisoning his teleological view of nature. See Natural Right and History, pp. 7-8; What is Political Philosophy? (Westport, Connecticut: Greenwood Press, 1959), pp. 285-6. NATURAL LAW THEORY OF THOMAS AQUINAS 217 very fact that one comes to realize that contradiction and seeks to rectify it points to the fact that human beings realize that a more comprehensive, non-contradictory view might be possible. The contradictions thus force one to ascend beyond the opinions that are at best only partially true toward an ever more consistent view, a view based on nature; if such a process could reach culmination, the culmination would constitute a statement of what is right by nature.5 The starting... (shrink)

At the end of February 2000 the Pope fulfilled a longed-for dream in his visit to Egypt, culminating in his ascent to Mount Sinai. Here the Pope displays once again a perfect intertwining of reason and faith, philosophy and theology. This paper delves into the metaphysical ground of social ethics, as Fr. de Torre did in the 1977 book, The Roots of Society.

Philip Devine argues for a return to natural law as the best, and perhaps only, solution to the current moral crisis that threatens to undermine modern life. Natural law, however, needs updating. To this end, he proposes a natural law theory that “assimilates some post-Kantian epistemological insights”. Such a theory will appeal not only to believing Christians but also to atheists, feminists, and citizens of modern liberal democracy. While agreeing with many of the conclusions of Aristotle and (...) Aquinas, his theory has the advantage of presupposing neither the existence of God nor a naturally knowable moral code. (shrink)

The object of the moral act is a subject of some controversy in modern discussions of Christian ethics. Pope St. John Paul II, in the encyclical Veritatis splendor, speaks to the nature of the moral act with reference to Thomistic philosophy. This article discusses the foundational elements of Thomas Aquinas’s account of natural law and provides some important clarification of the nature of the moral act as addressed in the encyclical.

IT IS CUSTOMARY TO CREDIT Aristotle with the discovery, or at least the first extant formulation, of the concept of self-evidence. Recent work in the history of science has suggested that Aristotle was indebted in this respect to earlier Greek geometrical models of demonstration, but these earlier texts no longer survive. However, in our present day, the merits of the ancient discovery suffer from neglect, and the very concept is met with suspicion. One finds, for instance, influential textbooks of (...) the history of logic enjoining readers to acquire a “healthy skepticism of the concept of self-evidence.” Further, it is not uncommon for contemporary philosophers to reduce the concept of self-evidence to some kind of subjective feeling of certainty or even personal preference. The abandonment of the notion of self-evidence among contemporary philosophers is not a procedure limited to practitioners of logic, as representative views can be found among those who practice metaphysics, ethics, philosophy of science, legal philosophy, political philosophy, and epistemology. This demise of the concept of self-evidence among contemporary philosophers, although widespread, has not gone entirely unlamented, however. (shrink)

The “New Natural Law” Theory (NNL) of Germain Grisez, John Finnis, Joseph Boyle, and their collaborators offers a distinctive account of intentional action, which underlies a moral theory that aims to justify many aspects of traditional morality and Catholic doctrine. -/- In fact, we show that the NNL is committed to premises that entail the permissibility of many actions that are irreconcilable with traditional morality and Catholic doctrine, such as elective abortions. These consequences follow principally from two (...) aspects of the NNL. The first aspect is its distinctive version of the planning theory of intention, in which adopting the 'first-person perspective' of an agent is a sufficient, and not merely necessary, condition for determining the nature of his intentional action; this planning theory rests upon an implicitly Cartesian conception of human behavior, in which behavior chosen by an agent has no intrinsic “intentionalness” apart from what he confers upon it as part of his plan. The second aspect is the NNL's distinctive account of basic human goods' incommensurability, according to which there is no common factor shared by basic human goods that allows them to be comparatively ranked in any way that directs practical deliberation. -/- The entailments of these two aspects of the NNL, we argue, amount to a reductio ad absurdum. Pace the proponents of the NNL account, we sketch an alternative hylomorphic conception of intentional action that avoids untoward moral implications by grounding human agency in the exercise of basic powers that are either (a) essential constituents of human nature or (b) acquired through participation in social practices. This conception of intentional action provides a stronger foundation for natural law theory. (shrink)

I locate possible fertile common ground among the “new natural law theory” of Finnis, Grisez, and Boyle, the “traditional” Thomism of McInerny, and natural law derivationism. I respond to Murphy’s contention that the “inclinationism” of Finnis cannot be successfully asserted along with what Murphy takes to be a basic requirement of natural law ethics, namely that basic practical principles are to be “strongly grounded” in human nature. I argue that the tension between the inclinationism of Finnis (...) and Murphy’s basic requirement is not irresolvable. In response to objections by Murphy to natural law derivationism, I argue, basedin part on Searle’s attempt to derive an “ought” from an “is,” that the new natural law theorists and McInerny can and should investigate natural law derivationismfor possible adoption. (shrink)

The article aims to articulate and defend St. Thomas Aquinas’s understanding of the transcendence of the political common good and argues against the new natural law theory’s view of the common good as limited, instrumental, and ordered toward the private good of families and individuals. After a summary of John Finnis’s explanation of the common good in Aquinas: Moral, Political, and Legal Theory, the article presents an analysis of the political common good in Aquinas’s Summa theologiae and De regno. (...) This analysis shows, contrary to Finnis, that for Aquinas the political common good transcends the private good of individuals and families, that it consists in the virtuous life of the political multitude, and that the family is insufficient to lead men to virtue apart from the civitas. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 133–155. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Traditional Christian descriptions of homosexuality as a “sin against nature” rely on a claim about the transparency of the sexed body to universal reason: homosexual acts are sins against nature because natural law renders them obviously unnatural. This moral description “unnatural” subverts itself for two reasons. First, neo-traditionalist descriptions conflate “natural” and “normal.” Dialogue with Didier Eribon's work on the “insult” shows how such moral descriptions self-subvert and render chastity impossible. Second, neo-traditionalists use the description to require (...) celibacy, which the tradition teaches is likely impossible without a special gift. This use of natural law thus fails to be self-consistent or true to reality and so undermines its ability to serve as a critical principle in the search for truth. A critical use of natural law allows for an alternative, non-insulting description of homosexual characters. This essay outlines the character description through immanent critique of two spheres of Catholic teachings about sex: Augustinian sexual ethics and nuptial theology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THOMISTIC METAETIDCS AND A PRESENT CONTROVERSY XOOD STARTING point for understanding the recent controversy regarding the Grisez-Finnis interpretaition oi St. Thomas Aquinas's ethical theory is Finnis's claim that "by a 'Simple act of non-inferential understanding one grasps that the objeot of the [natural] inclination which one experiences is an instance of a general form of good, for oneself (and others like one)." 1 For here Finnis is denying (...) an inferential process by which one moves from a theoretical understanding (" understanding this nature from the outside, as it were" 2) of what inclinations humans,as humans have to the conclusion that the object oi the particular inclination in question is ·a human good. Instead, he is asserting that it is in a practical context that one understands an object of an inclination to be a human good, and thus generates, via the practical reason, ·a practical, prescriptive principle. An example of such a principle is " Knowledge is something good to have " which, for Finnis, is the same logically as " Knowledge is a good to be pursued " 3 which, in turn, is equivalent to "Knowledge ought to be pursued ",4 which is a prescriptive ("normative") rather than descriptive (factual) utterance.5 1Natural Law and Natural Rights (Oxford: Clarendon Press, 1980; hereafter NLNR), p. 34. Cf. Fundamentals of Ethics (Washington, D.C.: Georgetown University Press, 1983; hereafter FE), pp. 20-22. 2NLNR p. 34. s Ibid., p. 63. 4lbid., p. 42, note 56; "The Basic Principles of Natural Law: A Reply to Ralph Mclnerny," John Finnis and Germain Grisez, American Journal of Jurisprudence 26 (1981), pp. 21-31 (hereafter Reply to Mcinerny), pp. 23-24. See also Germain Grisez's well-known article "The First Principle of Practical Reason: A Commentary on the Summa theologiae, 1-2, Question 94, Article 2," Natural Law Forum 10 (1965), pp. 168-201 (hereafter FPPR), p. 194. 5 See, e.g., NLNR, pp. 44-45; Reply to Mcinerny, p. 23. Grisez and Finnis attempt to distinguish imperatives and prescriptions, which I argue against in 40 THOMISTIC METAETHICS AND A PRESENT CONTROVERSY 41 Finnis and Grisez, then, argue that practical principles, which encompass value-judgments about human goods, are arrived at through the practical reason and thus are prescriptive ("normative ") utterances, as opposed to descriptive or theoretical truths "of metaphysical anthropology ".6 Hence these principles cannot be derived from metaphysical claims.7 To argue for such,a derivation would he to hold that prescriptivity or normativity can emerge from pure descriptivity. Such a derivation, of course, would not account for the appearance of the prescriptive or action-guiding element. An alternative position, to be returned to below, is that value-judgments about human goods are descriptive in themselves. At the same time, owing to the natural inclination to do what we understand to be morally or humanly good, human beings could prescribe to themselves the pursuit of such human goods, once they are understood to be human goods. It should be noted that for Grisez and Finnis the basic practical principles are not moral but pre-moraL8 Still, Grisez and Finnis consider that they direct to ends completive of human nature. Hence, although these authors reserve the characterization of "' moraily right choices " to those that are not simply harmonious with one or another basic human good but rather to those that also do not run counter to any other human good,9 my paper "Is-Ought: Prescribing and a P1·esent Controversy," The Thomist 49, l (January, 1985), pp. 1-23 (hereafter Schultz), esp. pp. 10-Hl. s Reply to Mcinerny, pp. 23-24. 7 Ibid.; see note 13 below. In the paper mentioned in note 5 above I point out that Finnis seems to allow for the possibility of arriving at value-judgments through theoretical reasoning, since he says "I assert that judgments [about man's natural goods, about what man should be] are primarily (though perhaps not exclitsively) judgments of practical reason...." ("Natural Law and 'Is'-'Ought' Question: An Invitation to Professor Veatch," Catholic Lawyer 26, 4, 1981, p. 272, my emphasis. This article is subsequently referred to as Response to Veatch.) But he doesn't explain this, and in Reply to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What purpose is this (...) theory supposed to serve, or in what way do its proponents see it as an improvement on existing theories? First of all, it must be noted, as the variety of essays in this volume makes abundantly clear, that natural law theory, as it is presently conceived, most certainly does not represent anything like a unified, single theory of tightly knit principles and conclusions. In the present volume one can easily see a half-dozen or more different approaches to natural law theory. So different in tone and spirit are some of the essays that one can easily wonder if they have enough in common even to classify them as " family resemblances." But if they all in their different ways do indeed evidence, as the editor claims, an increased awareness of and interest in natural law theory, the question immediately arises, why this increased interest? What problems do the advocates of these theories hope to solve by them or what questions do they think their theories will better address than the theories currently in place? First of all, one may make a division which places the theories, however divers~ among themselves, into two general groups. The first of these groups wishes natural law theory to function as a general approach to morality. For this group natural law does the work of a moral theory. In this group I would place the essays of Joseph Boyle, Robert George, Russell Bittinger, John Finnis, and Hadley Arkes (probably). The second group uses natural law theory as a way of determining the connection between moral law and positive law or legal theory. The essays of Jeffrey Stout, Neil MacCormick, Jeremy Waldron, Michael Moore, Lloyd Weinreb, Joseph Raz, and Ernest Weinrib fall into this second category. In all there are twelve essays in this volume. Space will not permit me to give a detailed analysis and critique of each. At most I can only indicate very briefly some of their more salient features. The book is divided into four parts, the first of which is titled "Natural Law, Practical Reasoning and Morality." In the very illuminating first essay of this section, "Natural Law and the Ethics of Traditions," Joseph Boyle undertakes to clarify the question of the relation of natural law theory to tradition. Certain approaches to moral theory currently popular BOOK REVIEWS 147 which are called virtues ethics, of which Alasdair Macintyre would he an example, claim that natural law theory is tradition-dependent. If Macintyre and other virtues ethicists are correct, then since natural law theory is culture-hound, and since the culture in which it was horn and flourished, medieval culture, has irretrievably retreated into the pages of history, then natural law theory is equally dead, of interest, if at all, only in an antiquarian way. Boyle carefully points out that there is more than one sense of being tradition-dependent. It is true that natural law theory is tradition-dependent in the sense that it did indeed come into existence in a particular historic epoch and that its language and thought do indeed express the period of its flourishing, i.e. the medieval period. But this, Boyle is careful to point out, does not mean that its validity and meaning were exhausted with the end of that culture. Rather the tradition is a living tradition so that its rich resources can continue to be exploited as that tradition is enlarged by its application to present day moral problems. Boyle's conclusion then is that in some senses natural law is indeed dependent on an ancient and medieval tradition, hut not so totally dependent that it has lost all validity for contemporary moral theory. In the contribution by Robert George, "Natural Law and Human Nature," George tries to defend Germain Grisez's version of natural law... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HAPPINESS: THE NATURAL END OF MAN? KEVIN M. STALEY St. Anslem Oollege Manchester, New Hampshire I AONG THE QUESTIONS the philosopher considers, none perhaps ris more important than that of ' the good life.' This question looks for the distinguishing marks of a. life which is fully human and which constitutes the actualization of one's uniquely human potential. For the ancient philosophers, such a life was considered the (...) highest good that one could achieve, the end and the raison d' etre of one's activity. This end was known as happiness. As a Christian theologian well versed in the writings of the ancients, Thomas Aquinas also had occasion to reflect on the nature of happiness. His inquiry possessed a dimension which was completely lacking to the ancients, namely, the belief that man is destined to enjoy the ' face to face ' vision of God. Thomas left no doubt that this, man's most ultimate end, was to be possessed after death through the gifts of grace. On the other hand, in his Sententia Libri Ethicorum he gives Aristotle his due, commenting with approval on many 0£ Aristotle's conclusions. In his discussion of happiness in the Summa Theo~ logiae, one can also find the Philosopher's doctrine of happiness, here distinguished from ·supernatural beatitude as imperfect from perfect beatitude. Are we to assume then that inquiry rinto the nature of happiness is twofold, admitting of a. theological and philosophical dimension? A philosopher would, on this showing, be concerned ·with the natural, albeit imperfect, end and the theologian with the supernatural end of man. Many philosophers within the Thomistic tradition have ~15 216 KEVIN M. STALEY been comfortable with this assumption. Recently, for example, John Finnis has stated, St. Thomas very plainly says, the task of ' considering and determining the ultimate end of human life and human affairs' belongs to the principle practical science; Aristotle called it ethics and Thomas moral philosophy.1 Others do not share Finnis' confidence in this regard. Alan Dona.gan, for example,,argues to the contrary that Thomas' final word on the end of man was that Aristotle was simply mistaken. According to Donagan, Thomas saved Aristotle's thesis that the ultimate end of human life is eudaimonia by two drastic amendments. First, he reinterpreted eudaimonia as what he called beatitudo: the total satisfaction of desires of an intellectual creature by a vision of God's essence.... Secondly, he denied that human beings could either attain beatitudo, or even learn what it really is, except by grace.2 If Donagan is correct, then the philosopher is clearly not competent to discuss the end o£ man, since the consideration of supernatural beatitude lies beyond the power of unaided.reason. Finnis recognizes the distinction between perfect and imperfect beatitude, and his position need only entail that it is the latter which is the concern of philosophy proper. However, although the notion of 'imperfect beatitude' served well Thomas' purpose of integrating the thought of the Philosopher within the framework of Christian theology, the fact remains that Thomas did not disengage this notion from its theological context. That is rto say, he did not carry out 'an explicit treatment of imperfect beatitude as the natural end of man. In itself, this need not imply that such an inquiry is impossible or ill-conceived. Nevertheless, the notion of ' imperfect beatitude ' (construed as some sort of natural end of man 1" Practical Reasoning, Human Goods, and the End of Man", Proceedings of the American Catholic Philosophical Society, v. 58, 1984, p. 26. 2 Human lilnds and Human Actions (Milwaukee: Marquette University Press, 1985), p. 38. HAPPINESS: THE NATURAL END OF MAN? 217 amenable to philosophical treatment), is still quite problematic ; and Finnis himself has recognized the difficulty. Happiness signified, even for Aristotle, a good which is perfect and in every way final.3 Finnis observes that "the 'perfect,' the 'fully satisfactory,' is what the concept of eudaimooia /bemitudo is about; an 'imperfect beatitude' is, by definition, a state which is not ' adequate to the aspira.tion of human nature '." 4 Thus, the very concept of ' imperfect happiness ' appears at best to be paradoxical, at worst self-contradictory -at least to the philosopher. This... (shrink)

In his essay "Natural Law, Property, and Justice," B. Andrew Lustig argues for what he calls "significant correspondences" between John Locke's theory of property and scholastic theories of property on the one hand, and between Locke's theory and contemporary Catholic social teaching on the other. These correspondences, Lustig claims, establish an intellectual "tradition of property in common." I argue that linking Aquinas--even via Locke--to the redistributivism of contemporary Catholic social teaching requires distorting his political theory. This distortion, (...) I argue, obscures the possibility of using Aquinas's political theory as a basis for radical social criticism. (shrink)

The teaching of the Aquinas Academy in its first thirty years was based on the scholastic philosophy of Thomas Aquinas, then regarded as the official philosophy of the Catholic Church. That philosophy has not been so much heard of in the last thirty years, but it has a strong presence below the surface. Its natural law theory of ethics, especially, still informs Vatican pronouncements on moral topics such as contraception and euthanasia. It has also been important in (...) Australia in the High Court’s deliberations on the Mabo case. It is argued that some officially-sanctioned deductions on particular cases have not been correct, but that any attempt to do without a natural law foundation of ethics would throw out the baby with the bathwater. The sense of the basic objective worth of persons that is the centre of natural law ethics is essential to any ethics better than a simple “might is right” approach. (shrink)

In this essay I will try to develop a natural law justification of welfare rights. The justification I will undertake is from the perspective of Catholic natural law, that is, the strand of natural law that has been developed theoretically by Roman Catholic canonists, theologians, and philosophers since Aquinas, and affirmed by Catholic teachers as the basis for most moral obligations. Catholic natural law is, therefore, natural law as developed and understood (...) by Catholics or others respecting Catholic traditions of inquiry. It is not, however, primarily or exclusively natural law for Catholics, since the very idea of natural law includes the conviction that it is accessible in principle to anyone.Footnotes* I wish to thank the other contributors to this volume for their helpful comments on a presentation of an earlier draft of this essay. I am also grateful to John Finnis, Germain Grisez, James Murphy, Ellen Frankel Paul, and Michael Vertin for written comments on the earlier draft, which revealed many errors and suggested significant improvements. (shrink)

Some critics question new natural law theorists’ conception of the common good of the political community, namely, their interpretation of St. Thomas Aquinas and the conclusion that the political common good is primarily instrumental rather than intrinsic and transcendent. Contrary to these objections, the common good of the political community is primarily instrumental. It aims chiefly at securing the conditions for human flourishing. Its unique ability to use the law to bring about justice and peace and promote virtue in (...) individuals may make the common good of the political community critically important. Nevertheless, it is still not an intrinsic aspect of human flourishing. Unlike the family or a religious group, membership in a political community is not an end in itself. (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further (...) exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Imitation of Nature: Source of Principles of Moral Action by Wojciech GolubiewskiAnthony T. FloodGOLUBIEWSKI, Wojciech. Aquinas on Imitation of Nature: Source of Principles of Moral Action. Washington, D.C.: The Catholic University of America Press, 2022. xx + 309 pp. Cloth, $75.00Does Aquinas's ethical account necessarily rely upon his metaphysics of goodness and natural forms, or can we fairly interpret his ethics as merely (...) cursorily connected to these other aspects of his thought? Golubiewski offers a thorough and compelling case that Aquinas indeed bases his ethics on these various broader principles, such that proper practical principles inextricably and fundamentally are an imitation of nature.Golubiewski details the full range of scholarship on Aquinas's natural law theory in order to set up his meticulous and comprehensive analysis. He motivates his interpretation by examining two opposed positions in current discussion. On one side is the view championed by Stephen Brock and others that focuses on Aquinas's metaphysics of the good, along with "the imitation of nature as the 'imitation of the divine mind'" as crucial to an accurate understanding of the natural law. On the other side is Martin Rhonheimer, who maintains, "natural law is not the 'imitative reflex' of the 'natural order'." Rhonheimer wishes to avoid a moral physicalism that succumbs to charges of the naturalistic fallacy. Golubiewski sides with Brock and proceeds to show the extent to which the notion of imitation performs throughout Aquinas's ethical thought.Early in his analysis, Golubiewski notes that we should avoid an overly strict distinction between the two virtues of practical reason, namely, art and prudence. While art does have the specific sense of right reason regarding the making of things, Aquinas also uses it more broadly and analogically as conveying any kind of right reason. Thus, when Aquinas speaks of art, particularly in terms of right reason as an imitation of nature, this includes prudence and all of the moral virtues it directs. Moreover, the notion of art also pertains to God's creative act. Insofar as created natures are the effect of divine art, the parameters of their goodness are already determined. In the case of rational natures, they are not free to determine their own goodness. By imitating nature, a person imitates the mind behind nature.Golubiewski devotes considerable attention to the sources of moral knowledge. For human beings, the imitation of nature pertinent to right moral reasoning begins with the knowledge of sensible things, whereby we grasp the patterns, modes of operations, and inclinations of them. All [End Page 139] beings have a movement toward—a desire for—actuality, which in turn orients them to divine goodness. "In this way things 'desire' the divine goodness, according to their own 'immanent likeness' to it. They desire it insofar as they imitate it." Each kind of thing imitates God's goodness in its own, admittedly very limited way. Human nature has this same relation to God; thereby, proper human action is based on the same sort of imitation.This leads to a relevant analysis of the part/whole notion in Aquinas. Golubiewski remarks that we have an inclination not merely toward our own individual good but also to the good of the whole human community and ultimately God as the ultimate good. "Not only political virtue but all kinds of properly human virtues are intrinsically ordered to the common good. In this way all of them are part of general justice as ordered to reason in its imitation of nature." In light of the recent resurgence of interest in the precise connection between personal rights and the common good, Golubiewski's elaboration on these points might prove especially helpful to anyone desiring to bring Thomistic principles into the debate.Golubiewski proceeds to delve into the precise character of the inclinations of human nature as rational inclinations. The common intelligible structure of goodness entails three elements. One, the mode of each kind of thing's congruent action. Two, the virtuous dispositions as rooted in that nature. Three, the virtuous agency by which the proper good of that nature is obtained. In the case of human beings, the mode of obtaining goodness is... (shrink)

Whether the new natural law theory counts as a plausible interpretation of St. Thomas Aquinas is not a mere antiquarian question in the history of philosophy but is itself a philosophical question, which bears on how we should interpret and assess the NNLT. Through an examination of problems in Germain Grisez’ influential paper “The First Principle of Practical Reason,” which proposed an interpretation of Summa theologiae I–II, q. 94, a. 2, it is argued that the NNLT is on every (...) major point at odds with Aquinas, such that the NNLT involves a rejection of the classical and Catholic traditions of natural law and not a reformulation, revival, or saving of that tradition. The NNLT gives a flawed account of individual morality, not a Thomistic account of law as binding a community. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 57–67. (shrink)