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Thomas Aquinas discusses the precepts of natural law in relation to practical and speculative reason. He asserts that the first principle of natural law is that good is to be done and evil avoided. This principle stems from the inclination toward self-preservation and other natural instincts. While the principles of natural law are universal, applying them to particular cases requires accommodating contingencies. Aquinas also addresses whether human laws are derived from natural law, noting that some prohibitions like murder are directly derived while determining punishments involves tailoring to specific societies.
Thomas Aquinas discusses the precepts of natural law in relation to practical and speculative reason. He asserts that the first principle of natural law is that good is to be done and evil avoided. This principle stems from the inclination toward self-preservation and other natural instincts. While the principles of natural law are universal, applying them to particular cases requires accommodating contingencies. Aquinas also addresses whether human laws are derived from natural law, noting that some prohibitions like murder are directly derived while determining punishments involves tailoring to specific societies.
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Thomas Aquinas discusses the precepts of natural law in relation to practical and speculative reason. He asserts that the first principle of natural law is that good is to be done and evil avoided. This principle stems from the inclination toward self-preservation and other natural instincts. While the principles of natural law are universal, applying them to particular cases requires accommodating contingencies. Aquinas also addresses whether human laws are derived from natural law, noting that some prohibitions like murder are directly derived while determining punishments involves tailoring to specific societies.
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Scarica in formato PDF, TXT o leggi online su Scribd
On Natural Law Ethics and Contemporary Issues Professor Douglas Olena Page 102 to 104 Question 94 Article 2: Many Axioms
The precepts of natural law are like
demonstrations of mathematics and logic. They are something like axioms. Article 2: Many Axioms
Precepts of natural law::Practical Reason
First principles of demonstration::speculative reason Article 2: Many Axioms
102 “The first principle of practical reason is the
one based on the concept of the good: Good is what everything desires.” “This... is the first principle of law: Good is to be done and evil avoided.” This is the foundation for all practical reason. Article 2: Many Axioms
The ordering of the precepts of natural law
stems from the order of natural inclinations. 1. toward natural good: self-preservation 2. toward natural animal instincts: mating of male and female, education of children, etc. 3. toward good based on reason: singular to man. Article 3: Acts of Virtue 103 To act according to reason is to act virtuously. “In this respect, all virtuous acts pertain to natural law.” But to act virtuously is not necessarily a matter of natural law. The exercise of reason tells us what it is to live well. Article 4: Universality
103 Speculative reason gives us necessary or
universal principles. Practical reason deals with contingencies in human activity. The closer we get to particulars, the farther away we are from universality. Article 4: Universality
103 “We claim that first principles of natural
law are the same for all...” theoretically. But on a case by case basis in the real world, there are obstacles to applying the rule that need to be compensated for. Question 95 Article 2: Whence come
104 “Whether every law fashioned by humans
is derived from Natural Law” Some laws are produced by deduction from principles. Some laws are produced when common forms are tailored to specific cases. Article 2: Whence come
104 “The prohibition of murder is derived from
the general principle that evil should not be done.” But carrying out the sentence against the murderer is a determination not directly derived from natural law but from society. Article 2: Whence come
When we deduce punishment from principles of
natural law they have the force of natural law. When we determine the punishment from some other source, it does not have the force of natural law. Article 3: The meaning 104 “The end of human law is the well-being of humans… accordingly,… the first condition of law posits three things: 1. That it accords with religion: inasmuch as it is proportioned to divine law 2. That it fosters discipline: inasmuch as it is proportioned to natural law 3. That it advances well-being: inasmuch as it is proportioned to human needs.”