Philosophy 220

1
Philosophy 220

• Natural Law Theory and Human Sexuality

2
Putting Nature in Natural Law

• Natural Law Theory is based on the assumption
  that there are objective facts about human nature
  that can serve as the ground for objectively true
  moral principles.
• Because of this, NLT is a value-based moral
  theory, one that focuses our attention on the
  value of the intrinsic characteristics of human
  nature highlighted by the theory that are at
  issue.

3
Aquinas on Intrinsic Value

• The chief historical proponent of NLT is St.
  Thomas Aquinas (1225-1274).
• According to his theory of human nature, there
  are four basic intrinsic goods.
• Human Life
• Human Procreation
• Human Knowledge
• Human sociability
• These four values serve as the basis for his NLT.

4
Basic Principle of NLT

• However we conceive of human nature and its
  intrinsic value, the basic principle of NLT is
• NLT An action is right if and only if in
  performing the action one does not directly
  violate any of the basic values.
• Thus stated, NLT seems to straightforwardly and
  non-controversially satisfy both the theoretical
  and practical aims of Moral Theory. But this
  picture is more complicated than it first appears.

5
The Doctrine of Double Effect

• In many cases, a proposed action both potentially
  protects and violates one of the basic values.
• To deal with these cases, proponents of NLT rely
  on the Doctrine of Double Effect.
• DDE An action that would bring about at least
  one evil and one good effect is morally
  permissible if and only if
• Intrinsic Permissibility action (minus effects)
  is permissible.
• Necessity good effect requires the action.
• Nonintenionality evil effect is not intended
• Proportionality evil effect not out of
  proportion with good effect.

6
NLT in Context Catholic Teachings on Sexual
Morality

• In a series of teachings (notably Casti Connubii
  and Humanae Vitae), the Roman Catholic church has
  spelled out the consequences of Aquinass version
  of NLT for a range of human sexual practices.
• This is a particularly challenging area in which
  to apply NLT, as the opening paragraphs of our
  reading highlight.
• Sexuality is clearly a basic and natural part of
  our humanity, but the Church, for complicated
  historical reasons, cannot merely affirm it as
  one of the basic intrinsic goods.

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What Type of Moral Theory?

• Church teachings are further complicated by the
  fact that in addition to the NL tradition, it
  also looks to divine law as a justifying basis
  for its theory of intrinsic value.
• This raises the specter of Divine Command theory,
  which we have already seen provides only dubious
  foundation for MT.

8
Guiding Principle of Catholic Sexual Morality

• Consistently, the church has argued that human
  nature and the divine law point in the same
  direction.
• From both perspectives, the specific character
  and dignity of human sexuality is grounded in
  marriage and the finality of the function proper
  to marriage, in other words, reproduction (43c1).

9
Applications

• Premarital Relations?
• NO, any human genital act whatsoever must be
  placed only within the framework of marriage.
• Homosexuality?
• Hell no, propensity may be natural, but the act
  is objectively evil, Homosexual relations are
  acts deprived of the essential ordination they
  ought to have.
• Masturbation?
• Tempting, but no, masturbation is an
  intrinsically and seriously disordered act once
  again because it is counter to the finality of
  the sexual act.