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Philosophy 220
Natural Law Theory
and Human Sexuality
Putting Nature in Natural Law
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Natural Law Theory is based on the assumption
that there are objective facts about human
nature that can serve as the ground for
objectively true moral principles.
Because of this, NLT is a value-based moral
theory, one that focuses our attention on the
value of the intrinsic characteristics of human
nature highlighted by the theory that are at
issue.
Aquinas on Intrinsic Value
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The chief historical proponent of NLT is St.
Thomas Aquinas (1225-1274).
According to his theory of human nature, there
are four basic intrinsic goods.
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Human Life
Human Procreation
Human Knowledge
Human sociability
These four values serve as the basis for his
NLT.
Basic Principle of NLT
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However we conceive of human nature and its
intrinsic value, the basic principle of NLT is:
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NLT: An action is right if and only if in performing the
action one does not directly violate any of the basic
values.
Thus stated, NLT seems to straightforwardly and
non-controversially satisfy both the theoretical and
practical aims of Moral Theory. But this picture is
more complicated than it first appears.
The Doctrine of Double Effect
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In many cases, a proposed action both potentially
protects and violates one of the basic values.
To deal with these cases, proponents of NLT rely on
the Doctrine of Double Effect.
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DDE: An action that would bring about at least one evil and
one good effect is morally permissible if and only if:
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Intrinsic Permissibility: action (minus effects) is permissible.
Necessity: good effect requires the action.
Nonintenionality: evil effect is not intended
Proportionality: evil effect not out of proportion with good effect.
NLT in Context: Catholic
Teachings on Sexual Morality
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In a series of teachings (notably Casti Connubii and
Humanae Vitae), the Roman Catholic church has
spelled out the consequences of Aquinas’s version of
NLT for a range of human sexual practices.
This is a particularly challenging area in which to apply
NLT, as the opening paragraphs of our reading
highlight.
Sexuality is clearly a basic and natural part of our
humanity, but the Church, for complicated historical
reasons, cannot merely affirm it as one of the basic
intrinsic goods.
What Type of Moral Theory?
Church teachings are further complicated
by the fact that in addition to the NL
tradition, it also looks to “divine law” as a
justifying basis for its theory of intrinsic
value.
 This raises the specter of Divine
Command theory, which we have already
seen provides only dubious foundation for
MT.
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Guiding Principle of Catholic
Sexual Morality
Consistently, the church has argued that
human nature and the divine law point in
the same direction.
 From both perspectives, the specific
character and dignity of human sexuality
is grounded in marriage and “the finality of
the function proper to marriage,” in other
words, reproduction (43c1).
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Applications
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Premarital Relations?
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Homosexuality?
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NO, “any human genital act whatsoever [must] be placed only
within the framework of marriage.”
Hell no, propensity may be natural, but the act is objectively
evil, “Homosexual relations are acts deprived of the essential
ordination they ought to have.
Masturbation?
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Tempting, but no, “masturbation is an intrinsically and seriously
disordered act” once again because it is counter to the finality of
the sexual act.