Natural Law Theory
Natural law theory is a kind of moral and legal theory that claims that the moral standards that govern human conduct are objectively derived from the nature of human beings and the nature of the world. The core claims of natural law theory are logically independent from one another, but they can overlap in certain ways.
The Good
The paradigmatic natural law view is that the good is naturally authoritative over all human beings and that it is a prior condition of right action. The good includes such things as justice, the preservation of life and dignity, the maintenance of property rights, and freedom from coercion.
It also holds that the right to act is nondefective to the good, and that there are many ways in which wrong actions can be defective with respect to the good.
A Natural Good
The good of the human person is a central idea in natural law theory, as affirmed by Thomas Aquinas and the majority of adherents to the tradition. It is a basic reason why we strive for perfection in all of our activities and, in particular, in our lives as individuals and as members of communities and social organisms.
Those who hold this view are often referred to as "naturalists," although the term has a number of different meanings.
Applications of Natural Law Theory in Ethics
Some of the most common applications of natural law theory in ethics include a belief that humans have a natural drive to eat, drink and sleep. Therefore, activities that are in accord with this drive are ethically good and those that are against it are ethically bad.
Others who believe that nature has ethical implications argue that the most obvious natural function of sexuality is pleasure. Thus, it would be wrong to restrict human sexuality by making people sterile.
This argument has been used to support the prohibition of contraception and other forms of artificial insemination, but it does not capture all of the moral concerns involved. It is a simplistic 'physicalist' argument that misses the complex issues involved in this area of ethics.
Law and Human Flourishing
According to the natural law theory of Thomas Aquinas, human nature is a psychosomatic unity. Its unity is characterized by harmonious and habitual excellence in the exercise of all of its innate capacities and powers (cognitive, creative, affective, productive).
To a natural law theorist, this is an essential element in the full realization of our nature.
The question then becomes: what role does law have in achieving this goal?
Several philosophers have offered answers to this question. For example, Aquinas and his followers, as well as modernists like John Finnis and Lon Fuller, have all argued that the goal of human flourishing can be achieved by the fulfillment of moral demands.
They have argued, for instance, that the moral imperative to care for the environment is an essential element in pursuing human flourishing.
A second major theme of natural law theory is that the goods that we achieve by our free acts are integral to human beings' achievement of their full potentiality.
