Natural Law: Strengths & Weaknesses

In the table below are the strengths and weaknesses of Natural Law. Please find underneath it a show video on the same topic. 

Strengths

Weaknesses

1. There is emphasis on innate human reason which is a positive because unlike emotions reason does not change. It also means the theory is universal and can attract a large number of supporters.

1. Natural Law finds it difficult to relate to complex decision to basic principles in practice e.g. should more money be spent on hospitals or schools?

2. Clear-cut approach to morality and establishes common rules.

2. It commits a Naturalistic Fallacy according to G.E.Moore. One cannot derive an ought from an is i.e. is we assume God created a moral law is a fact or that we have a natural inclination to care for others as a fact- this does not we ought to follow the moral law or care for others.

3. The basic principles of preserving human life, reproduction, learning and living in a society are common in all cultures hence Natural Law is a reasonable theory.

3. Natural Law is based on five assumptions, the primary one being that humans and the world in general has a purpose, however, modern science can be used to show why this isn’t the case.

4. Natural Law does not just dictate what should be done it goes beyond that, like Virtue Ethics, it concentrates on human character and virtues.

4. Neilsen uses cultural relativism to question Natural Law and the belief in one common law.

5. Natural Law relies on practical wisdom as well as reason including the body, some emotions and passions sometimes.

5. Baron says that relying too much on reason is bad because this leads to corruption as human nature is corrupt. He believers it is better to follow scripture and revelation. 

6. All things required for happiness e.g. health, friendship etc are morally good and can be achieved through Natural Law.

6. It is difficult to work out the primary purpose of everything e.g. is the primary purpose of sex to procreate or enhance a relationship – the clitoris provides evidence that the sole purpose of sex is not just to have children.

7. It is useful for the issues where the Bible is silent e.g. IVF

7. Some Catholic Scholars believe Natural Law is not enough on its own to be a true Catholic- Church teaching and revelation are of utmost interest too!

8. One cannot rely on predicting consequences because often we are wrong so Natural Law provides a good alternative to consequentialist theories

8. Vardy and Grosh criticize the way Aquinas works from general principles to lesser purposes and sees his view of human nature as unholistic and simplistic. 

9. It puts a high premium on life and protects the vulnerable.

9. It is self-contradictory you cannot say that clear-cut rules are provided and then uses casuistry to allow room fro flexibility.

10. It upholds human rights and has been included in the UN declaration of human rights.

10. What is more important actions or consequences? e.g. if a man with an axe asked you where your friend was surely it is more moral to lie and save the life of your friend?

11. Casuistry allow it benefit from flexibility as well as adhering to benefits from being absolutist.

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Strengths and Weaknesses of Utilitarianism

Utilitarianism Bentham – Act Utilitarianism Mill – Rule Utilitarianism
Strengths (Bentham 2 – 5 taken from Wiki answers ) 1. Easy to use – clear criteria and offers a systematic approach to ethics.

2. Utilitarianism cannot be faulted on its morals as it clearly seeks the happiness and fairness for the largest number of people, which has always been an important consideration in the works of government and other major powers, as well as in everyone’s everyday life.

3. Designed for global politics unlike Kantian ethics.
Also, it considers the consequences of all actions, which is key in building a civilized society. If people were not aware of consequences then there would be no deterrent to commit crime.

4. Also, it encourages a democratic approach to decision making, and minorities are not allowed to dominate.

5. It does not rely on any controversial or unverifiable theological or metaphysical claims or principals, so it is accessible to everyone.

1. Mill considers emotions a form of higher pleasure which is a strength because it can make the theory a little less impartial and allow more room for emotions. In the house on fire example (Bentham Weakness 3) Mill could possibly allow you to save your mother arguing  your emotions are a higher pleasure and since he gives no explanation of what to do if pleasures clash we could justice the saving of the mother.

2. Mill’s idea of creating generalized rules makes the theory more objective and provides us a means to creating universal rules.

Weaknesses 1. Difficult to predict consequences e.g. if you plan to hit someone you might predict that they will be upset because 99.9% of the time this is the result however, what if the person turns out to enjoy it and get pleasure out of pain – all you consequences are wrong!

2.Utilitarianism is a demanding theory as something as simple as buying an ice-cream can be deemed immoral because you know that the money could be spent elsewhere in order to get the greatest good for the greatest number.

3. Some critics argue it is too impartial – if a house was on fire and you could only save your mother or the world’s best sergeant you would according to the PoU (principle of utility) have to save the sergeant. No room for emotions. John Rawls advocates this criticisms pointing out that it could support a more dictatorial society just because it produces the greatest amount of pleasure.

4.Utilitarianism is subjective – what is moral for one person isn’t the same for another implying that no such universal law system can exist.

5. Utilitarianism implies that everyone has a moral faculty (awareness that gives us a sense of moral judgement) and not everyone has this young kids, disables persons etc. This alienates people from the theory.

6.Bentham and Mill both commit a naturalistic fallacy according to G.E.Moore, just because something is desirable and produces a lot of pleasure does not imply that we ought to pursue that action.

1. Difficult to predict consequences e.g. if you plan to hit someone you might predict that they will be upset because 99.9% of the time this is the result however, what if the person turns out to enjoy it and get pleasure out of pain – all you consequences are wrong!

2. Utilitarianism is a demanding theory as something as simple as buying an ice-cream can be deemed immoral because you know that the money could be spent elsewhere in order to get the greatest good for the greatest number.

3. Utilitarianism implies that everyone has a moral faculty (awareness that gives us a sense of moral judgement) and not everyone has this young kids, disables persons etc. This alienates people from the theory.

4. Mill makes several elitist claims e.g. for example it is better to a dis-satisfied Socrates than a satisfied pig (comparing not so intelligent people to pigs), claiming that the higher your moral faculty the more difficult to find pleasure (as not so intelligent people are satisfied with almost anything). Yet what Mill fails to acknowledge is if through utilitarian values a pig can be satisfied then this devalues the intellectual ability of all humans.

5. Mill uses non-utilitarian values such as justice (supreme moral good) and from this we can infer that there are more important things than happiness and this inference destroys the foundation of utilitarianism.

6. As mentioned previously, Mill does not discuss what happens if rules/higher pleasure conflict. Adding to the ambiguous nature of utilitarianism.

7. Furthermore, given that the rules are generalized and formulated through experience this means that they are not absolute and can be broken. But it is difficult to see how one would know when an exception could be added and if we keeping using exceptions and don’t make Mill’s utilitarianism rigid then this some scholars imply collapse it back to act utilitarianism. E.g. the rule tell the truth unless a lie produces more pleasure isn’t that essentially Bentham’s form.

8. No two moral situations are exactly the same so how can rules based on past different (Albeit similar) circumstances helps us with new situations?

9. Moreover, Mill argues that a competent judge would always pick higher pleasures over lower pleasures yet this is not true for all circumstances e.g. if Mill was somehow stranded in a desert he would not pursuit poetry or imagination he would pursue drinking water – which is a lower pleasure- doesn’t this mean he has an infirmity of the mind?

10. Bentham and Mill both commit a naturalistic fallacy according to G.E.Moore, just because something is desirable and produces a lot of pleasure does not imply that we ought to pursue that action.

An Introduction to Religious Language

What is religious Language?
Religious Language = Specialist religious vocabulary as well as religious, moral and ethical claims.
What are the uses and purposes of religious language?
Religious Language has three functions.
  1. To Expressive: They are used to express feelings and emotions. Peter Donovan argues that religion encourages to discipline their emotions in the right direction e.g. forgive wrong-doers. 
  2. To Performative: To perform an event e.g. a wedding.
  3. To Prescribe: To encourage or prevent people from acting in a certain way.
Difficulties with religious language
  1. It is subjective
  2. Difficult to describe something so out of this world and immaterial.
  3. Is humanizing an effective mechanism of describing something immaterial.
  4. Language is sometimes used univocally. (This means the words used to describe God mean exactly the same as when words are used to describe humans). However, is it fair to say that when we call God faithful we mean the same as when we call a dog faithful?
  5. If on the other hand we use words equivocally – this means that a word used to describe God does not mean the same as if it was used to describe a human. However, then can we ever know the meaning of a word?
  6. The last problem which this whole unit is about is the meaningless/meaningfulness of religious statements. Religious believers claim that religious language is cognitive i.e. it can be verified or falsified but other philosopher dismiss religion on the basis that it is non-cognitive i.e. you cannot verify or falsify it.

Involuntary Manslaughter

In the case of involuntary manslaughter the accused lacks malice aforethought, the mens rea for murder.

There are three forms of involuntary manslaughter: constructive manslaughter, gross negligence manslaughter and reckless manslaughter.

The Whiteboard in the background

 Constructive Manslaughter

Gross Negligence Manslaughter

Reckless Manslaughter