Gavin Howe
Natural law theory is a value-based theory of morality and practical rationality. It is concerned with the identification of a set of basic goods or values, which are considered fundamental to human well-being and action. These goods are thought to be independent of human opinion and are instead determined by their ability to perfect human nature. While there is a consensus among natural law theorists on many of these basic goods, such as life, health, and knowledge, there is a significant dispute regarding the incommensurability of these goods. This term has various meanings, but at its core, it refers to the idea that these goods cannot be measured or compared on a single scale of value. This debate centres around two positions: incommensurability, which asserts that values cannot be measured on a single scale, and incomparability, which claims that values cannot be compared in terms of value. These positions give rise to different interpretations and applications of natural law theory, such as Classical Natural Law Theory and New Natural Law Theory, each with its own understanding of the structure and hierarchy of human goods.
| Characteristics | Values |
|---|---|
| Basic human goods are objective, prudential, perfectionist goods | Life, health, knowledge, play, friendship, religion, aesthetic experience, sociability, practical reasonableness, lineage, property, honour, reason, truth, right or entitlement, law in accordance with proper order |
| The value of basic goods is independent of human opinion | Not determined by subjective mental states like pleasure and desire |
| Basic goods are good for individuals | They perfect human nature by fulfilling human capacities and realizing natural human ends |
| Basic goods are incommensurable | There is no common scale of units of value by which all basic goods can be measured |
| Basic goods are incomparable | There can be no evaluative comparison among them |
| Axiological properties like goodness and badness are prior to deontic properties like rightness and wrongness | All practical reasons obtain in virtue of facts about values |
| All human lives are sacred and of infinite value | Everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove |
| Human vulnerability means that humans should not be subject to arbitrary attacks | Approximate equality implies forbearance of the more powerful towards the weak |
| Limited altruism is necessary to secure forbearance | Limited resources are meant to secure and maintain property |
| Punishment is necessary to deter anti-social conduct |
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What You'll Learn
The 'incommensurability' of basic human goods
The incommensurability of basic human goods is a subject of dispute among Classical and New Natural Law Theorists. The debate centres on the meaning of 'incommensurability' and whether basic goods can be measured or compared.
Natural law theory is a value-based theory of morality and practical rationality. It holds that axiological properties like goodness and badness precede deontic properties like rightness and wrongness. All practical reasons are derived from facts about values. At its core is a list of basic human goods—the fundamental intrinsic values that constitute human well-being and the reasons for action that make human actions intelligible.
According to some natural law theorists, basic goods are incommensurable in the sense that they cannot be measured or compared on a single scale of units of value. This view is known as "incommensurability" and is associated with the concept of "incomparability," which asserts that values cannot be compared in terms of their worth. Proponents of New Natural Law Theory, a contemporary philosophical perspective, maintain this position.
However, there is ambiguity in the interpretation of 'incommensurability'. While all natural law theorists agree on the incommensurability of basic goods, they disagree on their comparability. Some theorists propose a hierarchy of goods, suggesting that certain basic goods are more valuable than others. This perspective aligns with the idea of "comparability," which allows for evaluative comparisons between values.
The debate extends to the specific goods themselves. For instance, theorists debate whether life can be considered a basic good, and if so, under what conditions. Similarly, there is disagreement about the inclusion of religion as a basic good.
The concept of incommensurability in the New Natural Law Theory allows for practical reasoning to shape an individual's concerns creatively. It provides a foundation for ethics that aligns with Aristotelianism, which Aquinas bequeathed to the natural law tradition. This perspective maintains that basic goods are self-evident and mutually incommensurable, enabling a 'good-based' view without compromising the Pauline Principle, which states that evil should not be done for the sake of bringing about good.
In summary, the incommensurability of basic human goods is a complex issue within natural law theory, with proponents and critics offering nuanced interpretations and arguments. The debate centres on the meaning of 'incommensurability' and the comparability of basic goods, with implications for ethical reasoning and the understanding of human well-being.
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The comparability of basic goods
Natural law theory is a value-based theory of morality and practical rationality. It is concerned with the "basic goods" that constitute human well-being and the reasons for action that make human actions intelligible. These basic goods are objective, prudential, and perfectionist—their value is independent of human opinion and is not determined by subjective mental states.
There are two main varieties of natural law ethics: Classical Natural Law Theory and New Natural Law Theory. Both share the central features of NLT but differ in their views on the structure of human good. Classical Natural Law theorists typically endorse the comparability of basic goods and argue for a hierarchy of goods corresponding to the metaphysical hierarchy within human nature. They believe that certain goods, such as rational powers and their associated goods of theoretical and practical knowledge, are more valuable than others.
On the other hand, New Natural Law theorists hold that basic goods are both incommensurable and incomparable. They argue that there is no common scale of units of value by which all basic goods can be measured and that they cannot be compared in terms of value. This view is based on the idea that each good is unique and fulfills human nature in its own way, making it impossible to rank or compare them.
The debate between these two positions is marked by ambiguity surrounding the meaning of "incommensurability" and how it relates to comparability. While all natural law theorists agree that basic goods are incommensurable, they disagree on whether they are also incomparable. This disagreement stems from differing interpretations of the term "incommensurability" and the underlying nature of the goods themselves.
Some theorists, like Timothy Chappell, argue that the incommensurability of goods undercuts consequentialism, while others, like Scheffler, challenge this view. The concept of "integral human flourishing," which asserts that basic goods are necessary for human well-being, further complicates the debate. Ultimately, the question of the comparability of basic goods remains a subject of dispute among Classical and New Natural Law theorists.
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The relationship between morality and law
Natural law theory proposes that standards of morality are derived from or entailed by the nature of the world and the inherent characteristics of human beings. For instance, St. Thomas Aquinas, a prominent proponent of natural law theory, asserts that the rational nature of human beings defines moral law. According to Aquinas, since humans are inherently rational, it is morally appropriate for them to behave in a manner that aligns with their rational nature. This understanding forms the basis of natural law.
However, the interpretation and application of natural law theory can vary significantly. For example, John Austin, a legal philosopher, focuses on the "essence or nature" that is intrinsic to all laws. He aims to distinguish law as a system of norms from other systems of norms, such as ethical norms. In contrast, John Finnis, another influential thinker in natural law theory, identifies a set of equally valuable basic goods, including life, health, knowledge, play, friendship, religion, and aesthetic experience. Finnis argues that moral principles should provide a framework for pursuing these basic goods and guide individuals in selecting among competing goods.
Despite these varying interpretations, natural law theorists generally agree on the existence of certain fundamental human goods or basic values. These goods are considered objective and independent of human opinion, perfecting human nature by fulfilling human capacities and realizing natural human ends. However, a significant point of contention arises regarding the comparability and hierarchy of these basic goods. While some theorists argue for a hierarchy of goods, others maintain that these goods are "incommensurable," meaning they cannot be measured or compared on a single scale of value.
Furthermore, the relationship between law and morality is not unidirectional. While laws can shape behaviour and encourage certain actions, they can also influence moral values within a society. Laws may promote specific moral values and ethical behaviour, contributing to the complex interplay between these two concepts.
In conclusion, the relationship between morality and law is intricate and multifaceted, with ongoing debates and differing perspectives. While natural law theory establishes a connection between morality and law, the specific nature of this relationship remains a subject of exploration and interpretation. The practical implications of this relationship further complicate the interplay between morality and law, highlighting the dynamic and evolving nature of their association.
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The role of natural law in the social contract
The social contract is a political philosophy concept that emerged in the 17th and 18th centuries, associated with philosophers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. It refers to an actual or hypothetical agreement between the ruled or between the ruled and their rulers, defining the rights and duties of each.
The idea of a social contract is that individuals in a state of nature, recognising their natural rights and duties to themselves and others, would agree to leave this state and form a civil society or government to secure these rights and impose duties. This is because, in a state of nature, there is no civil authority to enforce these rights and duties, leading to a state of war.
Thomas Hobbes' theory of the social contract is founded on his concept of the state of nature, where human life is "solitary, poor, nasty, brutish, and short". In this state, there are no enforceable criteria of right and wrong, and people take all they can for themselves. Hobbes argues that humans can advance the laws of nature, or rules based on human reason, that would achieve peace and safety if followed. However, some overarching authority is needed to enforce these laws, leading to the need for a social contract. According to Hobbes, individuals should authorise a powerful governmental entity, which he calls a Leviathan, to impose punishment on those who break the laws of nature.
John Locke, an English philosopher, had a different conception of natural laws and the state of nature. Locke saw natural laws as a set of moral rules, discoverable by reason, and based on the rationally provable existence of God. These natural laws and rights are equally applicable to all and place obligations on everyone, regardless of government-imposed penalties. For Locke, the natural right to life, for example, creates a natural duty in others to respect this right. Locke's social contract theory is based on the preservation of rights to private property and personal freedom, with the power to enforce these rights transferred to a government.
Natural law theory is a value-based theory of morality and practical rationality, with a list of basic human goods or intrinsic values that constitute human well-being. These basic goods are independent of human opinion and are good for individuals as they perfect human nature. While there is a consensus among natural law theorists on many of these goods, such as life, health, knowledge, and friendship, there is a dispute over whether these goods can be measured or compared in terms of value. Some theorists propose a hierarchy of goods, while others argue that they are incommensurable and cannot be measured on a single scale of units.
In the context of the social contract, natural law plays a role in defining the rights and duties that individuals agree to uphold. The natural law establishes natural rights and duties, which form the basis of the social contract. While Hobbes and Locke differ in their conceptions of the state of nature, both agree that individuals would agree to a social contract to secure their natural rights and impose duties. The social contract allows individuals to leave the state of nature and enter civil society, where their rights and duties are protected and enforced by a governing authority.
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The hierarchy of basic goods
The concept of natural law theory is a value-based theory of morality and practical rationality. It asserts that axiological properties like goodness and badness are more fundamental than deontic properties like rightness and wrongness. According to this theory, all practical reasons are derived from facts about values.
At the core of natural law theory is a list of basic human goods, which are fundamental intrinsic values that constitute human well-being and provide reasons for human actions. These basic goods are objective, prudential, and perfectionist, meaning their value is independent of human opinion and is not determined by subjective mental states. Instead, they are good for individuals because they perfect human nature by fulfilling human capacities and realising natural human ends.
While there is a consensus among natural law theorists on many of the items on the list of basic goods, there is a significant debate regarding the hierarchy or order of value among these goods. Classical Natural Law Theory and New Natural Law Theory, the two main varieties of natural law ethics, have opposing views on this matter.
Proponents of Classical Natural Law Theory, such as Thomas Aquinas, believe in a hierarchical structure of basic goods. Aquinas, for example, mentions that charity is the highest and most universal good. He also identifies human tendencies towards self-preservation, species survival, development, knowledge, and participation in political life as basic goods.
On the other hand, New Natural Law Theorists reject the notion of a hierarchical order among basic goods. They argue that there is no common scale of units of value by which all basic goods can be measured or compared. Instead, they view the basic goods as atomic and non-ordered, allowing individuals to pursue their desired goods without a predetermined normative order.
In summary, while both Classical and New Natural Law Theories affirm the incommensurability of basic goods, they differ in their interpretation, with Classical theorists leaning towards a hierarchical structure and New theorists embracing subjective prioritisation.
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Frequently asked questions
The basic values of natural law theory, also known as "basic goods", are objective, prudential, perfectionist goods. Their value is independent of human opinion and is not determined by subjective mental states like pleasure and desire. They are good for individuals rather than morally good. These include life, health, knowledge, play, friendship, religion, and aesthetic experience.
Classical Natural Law Theory and New Natural Law Theory are two main varieties of natural law ethics in contemporary philosophy. They share all of the central features of NLT but differ in their views on the structure of human good. Classical Natural Law Theory believes in a hierarchy of goods, while New Natural Law Theory maintains that basic goods are incomparable.
According to natural law theorists, basic goods are incommensurable, meaning they cannot be measured or compared using a single scale of units of value. However, there is ambiguity surrounding the meaning of "incommensurability", which makes it challenging to understand and evaluate the opposing sides of this debate.
