Natural Law Tradition and Human Rights

Project Updates Revised list is posted on the webpage Revised list is posted on the webpage Elizabeth Stegeman and Andrea Brockman Elizabeth Stegeman and Andrea Brockman Guantanamo Guantanamo

Natural Law Naturally authoritative over all human beings Naturally authoritative over all human beings Naturally knowable by all human beings Naturally knowable by all human beings The good that is naturally knowable is the measure of right action and right human law The good that is naturally knowable is the measure of right action and right human law

Versions of This Theory Aristotle Aristotle Aquinas Aquinas Enlightenment impact Enlightenment impact Contemporary approaches Contemporary approaches

Aristotle We desire happiness, but this requires that we know our end, our purpose. We desire happiness, but this requires that we know our end, our purpose. What is the human purpose, the human function? What is the human purpose, the human function? Life of action in accord with rational principle. Life of action in accord with rational principle.

Aristotle How do we know rational principles? How do we know rational principles? –The moral virtues, habits that we develop through training and education –The intellectual virtues Practical wisdomdeveloping the ability to discern the good in the context of the situation and understanding how to act Practical wisdomdeveloping the ability to discern the good in the context of the situation and understanding how to act Intellectual wisdomdeveloping the critical skills of learning and contemplation Intellectual wisdomdeveloping the critical skills of learning and contemplation

Aristotle Practical Reasoning needed for Practical Wisdom Practical Reasoning needed for Practical Wisdom –This involves developing the experience and reasoning skills that will help us determine which actions will lead to the common good.

Other Greek Thought Aristotle was not alone. His work is founded on Plato. The Stoics and many Roman thinkers also argue for some sort of universal human good that can be known by reason. Aristotle was not alone. His work is founded on Plato. The Stoics and many Roman thinkers also argue for some sort of universal human good that can be known by reason.

Aquinas Natural law is teleological, but it is given by God Natural law is teleological, but it is given by God This is what gives all law its authority This is what gives all law its authority –Types of law

Aquinas Eternal Law Eternal Law –Divine reasons conception of things is not subject to time, so there is eternal law. –Divine reason governs all things--providence

Aquinas Natural Law Natural Law –Natural inclination to its proper end –Rational creatures participation in eternal law This is where practical reasoning comes in for Aquinas This is where practical reasoning comes in for Aquinas

Aquinas Human Law Human Law –From natural law, human reason proceeds to particular determinations in certain matters –Human law should be in accord with natural law

Aquinas Divine Law Divine Law –The human end exceeds the human capability –If we are to do no evil, we need divine guidance

Natural Law and Rights Notice that the good precedes right Notice that the good precedes right A persons rights are contingent on the determination of the good A persons rights are contingent on the determination of the good

Enlightenment Impact Watch for the impact of natural law theory on the Enlightenment. Watch for the impact of natural law theory on the Enlightenment. Does the theory work without God? Does the theory work without God?

Contemporary Approaches Capabilities approach Capabilities approach –Can we identify a common human nature, a set of human capabilities? –Does natural law require that we enable these to flourish in each individual? –Dies this result in the need for human rights?