the development of ethics a historical and critical study volume ii from suarez to rousseau sep 2008

[...]... to Aquinas’ broad use of ‘measure’ and ‘rule’, and asserts that Aquinas would not speak of a law in all these cases (ii 5.6, citing Aquinas, ST 2–2 q141 a6 and ad1) Both as a foundation and as a measure, rational nature lacks the essential functions of a law in prescribing, directing, and enlightening.²⁸ To assert that rational nature lacks these features, but is still natural law, is to use ‘law’... understand natural law as genuine law, because they insist that God prohibits offences against the natural law.³⁴ Suarez misses the mark; a naturalist need not deny that the natural law is in fact commanded by God The crucial naturalist claim is simply that it is not essential to natural law to be commanded by God Suarez now argues that it is not a contingent fact that God commands observance of the natural... capacity to discriminate intrinsic rightness and wrongness (ii 5.9) Suarez holds that Aquinas, contrary to Vasquez, takes these cognitive facts to be essential to natural law He believes that Aquinas agrees with him, against Vasquez, in separating a law (lex) from a standard (regula) and a measure (mensura) When Aquinas refers to our capacity to discriminate right and wrong, he describes (according to. .. natural law Since God is creator and governor, it is appropriate and necessary for God to command the good and forbid the evil.³⁵ Given that a rational creature has been created, it is necessary that such a creature is subject to moral government, and therefore to the commands of a superior (i 3.3) Once naturalists concede that the natural law indicates what is naturally right and wrong, and also admit... to the eternal law If the existence of the eternal law implies the existence of the natural law, whatever is intrinsically wrong is thereby also contrary to the natural law.¹⁴ Gregory’s counterfactual assumption about the non-existence of God makes the implications of the naturalist position clear Suarez also cites Vasquez’s affirmation that the natural law is independent of the will and command of. .. order to show that reason is a standard and measure of human action, he asserts simply that it is a measure and standard by being a principle of actions; he infers that law belongs to reason Our rational capacity for distinguishing right and wrong may be necessary for the presence of the natural law in us, but not for the existence of the natural law (q91 a2 ) Aquinas, therefore, may accept objective naturalism,... Suarez: Law and Obligation 30 427 Two Versions of Naturalism According to Suarez, the naturalist position claims that rational nature is itself the natural law.²⁷ It claims that rational nature is the epistemological basis for the law, since our reason gives us access to the actions that do and do not accord with our rational nature But it also holds the metaphysical thesis that natural law is rational... This departure from Aquinas is historically significant because—it is suggested Suarez strongly influences the theory of natural law that has been prominent in post-Reformation Roman Catholic moral theology Historians of ethics and political theory have concentrated on Suarez s treatment of law, and especially of natural law His treatise ‘On Laws and God the Legislator’ clarifies many issues that his predecessors... which goods and evils are these? If they are moral goods and evils, he is a naturalist about morality, though not about natural law If they are non-moral, he is a voluntarist both about morality and about natural law 426 Naturalism For a statement of a naturalist position that treats natural law as purely indicative, Suarez turns to Gregory of Rimini.⁹ Suarez relies on Gregory’s admission that even if,... predecessors pass over Aquinas has relatively little to say on the relation of the principles of natural law to the will of God Some of his successors, particularly Scotus and Ockham, have more to say Suarez sets out and discusses in full the major issues that arise in his predecessors; he considers how many separable claims can be made, and what follows from each of them Since Grotius and Cudworth are probably . Knowledge of Natural Law 49 446. Application of the Precepts 52 447. Divine Dispensations from the Natural Law? 54 448. The Natural Law and the Law of Nations 57 449. Natural Law and the Basis of Political. class="bi x0 y0 w0 h0" alt="" The Development of Ethics, Volume II This page intentionally left blank The Development of Ethics A Historical and Critical Study Volume II: From Suarez to Rousseau TERENCE. of Political Society 61 450. The Law of War as Part of the Law of Nations 62 451. Sedition and Rebellion 64 452. The Separation of Morality from Natural Law 67 Contents 32. Natural Law and ‘Modern’