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Philosophy 220
Natural Law Theory and Human Sexuality
Putting Nature in Natural Law
 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 specific version of
NLT that is employed.
Aquinas on Intrinsic Value
● The chief historical
proponent of NLT is St.
Thomas Aquinas (12251274).
● According to his theory of
human nature, there are
four basic intrinsic goods.
● Human Life
● Human Procreation
● Human Knowledge
● Human sociability
● These four values serve
as the basis for his NLT.
Basic Principle of NLT
 However we conceive of human nature and its
intrinsic value, the theory of right action (TRA)of
NLT is:
 NLT: An action is right if and only if (iff) in performing the
action one does not directly violate any of the basic
(intrinsic) 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
● In many cases, a proposed action both potentially protects
one and violates another of the basic values.
● To deal with these cases, proponents of NLT rely on the
Doctrine of Double Effect.
● DDE: An action that would bring about at least one evil and one
good effect is morally permissible if and only if:
● 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.
●
Example: Ectopic Pregnancy
NLT in Context: Catholic
Teachings on Sexual Morality
 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 NLT 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.
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 (80c1).
Applications
 Premarital Relations?
 NO, “any human genital act whatsoever [must] be placed only
within the framework of marriage” (80c2).
 Homosexuality?
 Hell no! The propensity may be natural, but the act is
objectively evil, “Homosexual relations are acts deprived of the
essential ordination they ought to have” (81c2).
 Masturbation?
 Tempting, but no, “…masturbation is an intrinsically and
seriously disordered act” (82c1), once again because it is
counter to the finality that, according to the Catholic tradition of
NLT, is consistent with the intrinsic value of sex.