Deontological Ethics
Lesson 4
Dr. Aldrin Quintero
Topic Outline
Deontological Framework
Meaning of Deontology
Nature of Natural Law According to St. Thomas
Divine, Natural and Civil Law
Relation of Natural Law to other kinds of law
Basic Kantian Themes
Phenomena and Noumena
Hypothetical Imperative
Categorical Imperative
Deontological Framework:
So, the next thing the theory needs is a premise about that: A moral rule is
one that would have been historically:
A. Theistic:
1. Given to us by God;
2. Is required by Natural Law (theistic connection);
B. Secular (though can still be connected to God):
1. Is laid on us by reason.
2. Is required by rationality;
3. Would command universal acceptance;
4. Would be the object of choice of all rational
beings.
Deontological Framework:
An action is right if and only if (if) it is in accordance with a
moral rule or principle.
This is a purely formal specification, forging a link
between the concepts of right and action and moral rule,
and gives one no guidance until one knows what a moral
rule is.
Deontology
The theory of duty or moral obligation.
Duty:
Role-relatedduty
General duty
Obligation:
Requirement set on a person because of
his/her identity.
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Deontological Ethics:
In sum, we should choose actions based on their
inherent, intrinsic worth; evangelical approaches to
ethics are deontological because it presupposes
Scripture as revelation.
“Deontological” comes from the Greek word
“deon”, meaning that which is binding, in particular
a binding duty. So, you are bound to your duty.
Natural Law:
St Thomas Aquinas
God’s law is “imprinted upon us . . . The light of natural 1225-1274
reason, whereby we discern what is good and what is
evil, is nothing else than an imprint on us of the divine
light”
There are at least some moral truths, derived from God
and grounded in God, that everyone, regardless of their
religious beliefs or cultural background, must be
responsible for knowing
Distinguish this (as Romans did) from “civil” or “positive”
law, and also from “divine” or “revealed” law (the Church
has custody of this)
In
Inhis
hisSumma
SummaTheologica,
Theologica,Aquinas
Aquinasacknowledges
acknowledgesuniversal
universalmoral
moraltruths
truths
Aquinas: 4 Kinds of Law:
Aquinasdefines “law” in general as “an
ordinance of reason for the common good, made
by him who has care of the community, and
promulgated.”
The four kinds of law are:
The Eternal Law;
The Natural Law;
The Human Law;
The Divine Law.
The Eternal Law:
It is God’s “plan” for the world.
Flowing from God who is eternal and timeless,
there is a “universal rational orderliness” that is
“characteristic of the whole universe.”
The whole community of the universe is
governed by God, the ruler of the Universe.
St. Augustine described it as “the reason or the
will of God, who commands us to respect the
natural order and forbids us to disturb it .”
The Natural Law:
All things partake somewhat of the eternal law.
“[The] light of natural reason, whereby we discern what
is good and what is evil, which is the function of the
natural law, is nothing else than an imprint on us of the
Divine Light. It is therefore evident that the natural law is
nothing else than the rational creature’s participation of
the Divine Law.” ~ Aquinas, S.T. I, II, Q. 91, art 2.
The first, self-evident precept of the natural law is that
“good is to be done and pursued, and evil is to be
avoided. All other precepts of the natural law are based
on this self-evident law.
The Human Law:
Sincethe eternal law is the plan of
government in the Chief Governor, all the
plans of government, in the inferior
governors must be derived from the
eternal law.
The Divine Law:
The Scriptures. Besides the natural and
human it was necessary for the directing
of human conduct to have Divine Law: The
Old and New Testament.
Thus, the divine law compliments the
natural law.
Definitions
Eternal Law
The law of God’s regulative reason
Divine Law
The Law that man receives by special
revelation from God
Natural Law
That part of God’s Law that is incorporated
into human nature
Human Law
Law devised by man for specific purposes
Divine, Natural and Civil Law
Eternal Law (Divine+ Natural)
“Divine” or
“Revealed” Law
(From Deity)
Natural Law
(from Reason)
Law of
Nature
(Descriptive)
Human Laws
Civil Laws
Natural Law Theory:
The “conscience” is the
pedagogue to the soul
(teacher).
Judaism, Origen, and Aquinas
say that all ten of the
Commandments (the
Decalogue) are in some sense
self-evident. Modern Christian
scholars such as J.
Budziszewski defend this view.
Conscience
We know that we are to pursue good
and avoid evil because natural law is
written on the heart (prescriptive, not
descriptive).
We have the ability to tell right from
wrong.
We can violate natural law, but when
we do, we personally suffer (e.g.,
guilt).
Natural Law
Two important things about natural law
theory:
(1) Natural laws are prescriptive; they tell us
how we ought to behave.
In this sense, they are unlike physical
laws aka laws of nature (e.g.,
gravitation), which tell us how things do in
fact behave and are, therefore,
descriptive.
“Unlike rocks, we are always at liberty
to disobey the natural laws that pertain
to us. This is how we sin.”
Natural Law
(2) Natural laws are absolute, because the
goods in which they are grounded are
incommensurable
- that is, there is no common metric that
would allow us to compare them.
Hence, there can be no ‘trade-offs’
between, say, protecting life and seeking
knowledge; or, more importantly, between
protecting this life rather than that life.
Natural Law
Encompasses tradition of moral and legal
philosophy reaching back to Aristotle & Roman
Stoics (Cicero)
There is a secular and a theological version
(the
latter connect nicely to the notion of “divine
command” theory; cf. St Paul)
Neither
focuses upon “civil” law (what we normally
mean by “law”);
instead, these traditions use “Law” in the same sense as
Kant – the “moral law”
Examples of Natural Law
“Golden” Rule
Principle of reciprocity
Prohibition of
unjustifiable homicide
Respect for Life
Danger: mistaking one’s own
cultural or religious habits (or even
Everyone, everywhere prejudices) for universal natural law
seems to have some
versions of these e.g., Which of the 10 Commandments
would you challenge as not being a
“Natural Law”?
Relation of Natural Law to
Other Kinds of Law
Descriptive “laws of nature” by contrast
summarize known physical conditions or
constraints that apply in fact w/o exception
i.e.,cannot be “disobeyed”
e.g., Law of Gravity
Civil or Positive Law:
speed limits, tax laws, torts and contracts, property
Can be added to, but cannot contravene natural law
(cf. Martin Luther King)
Impact/Influence of
Natural Law Tradition
International Law (Grotius,
Pufendorf)
Constitution
& U. S. Declaration of
Independence (Jefferson)
JUST WAR THEORY (jus ad bellum
AND jus in bello – law of war)
Kant and the Categorical Imperative
Gandhi, King, and notion of
principled civil disobedience
Essential Elements for a Law to be
Reasonable
1. It must be just 5. It must be
2. It must be honest promulgated
3. It must be 6. It must be directed
possible of to the common good
fulfilment 7. It must be
4. It must be promulgated by one
relatively who has the care of
permanent the community
Attributes of the Natural Law
1. Obligatory
2. Universal
3. Has its proper
sanctions
4. Knowable or
recognizable
5. Immutable or
unchangeable
Natural Inclinations
Self-preservation
Natural inclination to live
Procreation
Natural inclination to reproduce
Knowledge
Natural inclination to learn
Sociability
Natural inclination to love and seek affection
Two Important Principles of
Natural Law (“Casuistry” in Harris’s essay)
1. The Principle of Forfeiture
and
2. The Principle of Double Effect
Principle of Forfeiture:
If I threaten your life…
(i.e., violate the principle
concerning the protection of
life),
…I forfeit my right to life.
Thus, killing in self-defense is
morally permissible.
“If
“Ifyou
youtake
takeanother
anotherlife,
life,you
youforfeit
forfeityour
yourown
ownright
rightto
tolife”
life”
Principle of Double Effect
A wrong or evil result brought about as a consequence
of some morally right action (undertaken with intention to
do good) is not itself blameworthy
Most common in medicine & military
Sometimes it is permissible to perform an action that
has,
besides its desired (good) effects,
a second effect that it would be impermissible to bring
about, either as an end or as a means.
Secondary
Secondaryevil
evilmust
mustbe
beaaconsequence…not
consequence…notaacatalyst!
catalyst!
Principle of Double Effect
Is the act good / morally permissible?
Is the bad effect unavoidable?
Is bad effect means to achieve good
effect?
Does good effect outweigh bad effect?
Sometimes
Sometimesthe
theanswer
answerto
tothe
themiddle
middletwo
twoquestions
questionsisisnot
notreadily
readilyapparent…
apparent…
Key
Keypoints
pointsare:
are:“intentions”
“intentions”and
and“avoidability”
“avoidability”
In summary:
Natural law:
1. Is not made by human beings;
2. Is based on the structure of reality;
3. Is the same for all human beings and at all times;
4. It is an unchanging rule or pattern which is there for
human beings to discover;
5. It is the naturally knowable moral law;
6. It is a means by which people everywhere (individuals
and as communities) can be enriched and rewarded.
~Adapted from John Dolhenty’s article, “An Overview of Natural Law Theory.”
Immanuel Kant
(1724-1804)
Konigsberg
(Russia)
Basic Kantian themes
1. Personal autonomy:
The moral person is a rational self-leglislator.
2. Respect:
Persons should always be treated as an end,
not a means. ‘No persons should be used.’
3. Duty:
the moral action is one that we must do in
accordance with a certain principle, not
because of its good consequence.
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Phenomena and Noumena
Phenomena:
thingsas they appear to us; empirical and
therefore changeable.
Noumena:
things-in-themselves, which can’t be known
by the use of senses.
Kant
argues that if there is such a thing as
moral reality, it must be founded on the
noumena, and this is because…
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Deontological Ethics
For example, a deontologist might argue that a
promise ought to be kept simply because it is right
to keep a promise, regardless whether the doing so
will have good or bad consequences.
In contrast, a utilitarian will argue that we should
keep our promises only when keeping them results
in better consequences than the alternatives .
Deontological Ethics
It holds that acts are right or wrong in and of
themselves because of the kinds of acts they are and
not simply because of their ends or consequences.
- The ends do not justify the means.
- A good end or purpose does not justify a bad
actions.
- You are duty-bound; binding is not dependent
on consequences, no matter if it is painful or
pleasurable.
Deontological Ethics
For example:
1. You are duty-bound to keep your promise to be
faithful to your spouse, even if a more attractive
person comes along.
2. You are duty-bound to always telling the truth, even
if it cost you a job.
Duty is not based on what is pleasant or beneficial, but rather
upon the obligation itself.
Hypothetical Vs categorical
imperatives
Hypothetical imperative:
What I ought to do if some conditions hold.
E.g., Maxim: I ought to attend the lecture if I
want to pass my examination.
Categorical imperative:
What I ought to do unconditionally.
E.g., Maxim: I ought not to murder no matter
what goal I have.
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Two formulations of the
categorical imperative
1. Act only on that maxim that you can will
as a universal law.
2. Always treat humanity, whether your own
person or that of another, never simply
as a means but always at the same time
as an end.
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One Kant’s view, all moral imperatives are
categorical imperatives.
They are universally valid and have equal
forces to EQUALLY FREE and
RATIONAL AGENTS.
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Summary:
Aquinas’ System of Laws: Enlightenment:
Operates entirely on the
The integration of natural
and human laws with the basis of human law-even if
eternal and divine laws. the affirm natural law.
Secular and humanistic,
without reliance on God and
His revelation, divorcing man
from God’s precepts, leaves
man entirely on his own.
Yet, there is angst, because
no man can actually free
himself from God and from
himself as He is designed by
God. Can Man Really Live
Apart from God?
`
Thank You!
