Roman Law
Module 4
1. In Roman law - particularly in The Body of the Civil Law – what does "natural law" refer to? According to Roman law, specifically The Body of the Civil Law, natural law refers to laws that apply to both animals and humans.
2. Describe Aquinas's distinctions between eternal law, natural law, human law, and divine law. According to Thomas Aquinas, there are four distinct types of laws; eternal law as the most faultless and complete set of Gods law that rules the entire community of the universe. Natural law is a general rule of conduct such as murder is wrong. Human law represents our attempt reduce more detailed rules from the general rules of natural law. Lastly, Divine law is an extraordinary set of eternal laws that God …show more content…
reveals in inspired texts such as the Ten Commandments in the Hebrew Bible.
3.
What are the two parts of Aquinas's synderesis principle? The synderesis principle denotes that the innate moral consciousness of every person directs him to good and restrains him from evil. What is more, Aquinas’s principle consist of two parts: if "x" is for our proper human end, then "x" must be done and if "x" is not for a proper human end, then "x" must not be done.
4. List the six human inclinations and their corresponding six primary precepts of morality. The six human inclinations and their corresponding primary precepts of morality include self- preservation-preserve human life; heterosexual reproduction- have heterosexual intercourse; education of offspring-educate children; rational thought-shun ignorance; knowledge of God-worship God; participation in society-avoid harming others.
5. Give an example of how we deduce secondary moral principles from primary principles. An example of how we deduce secondary moral principles from primary principle would be taking the primary principle of worshiping god and praying or asking for forgiveness as the secondary moral principle.
6. What is a "super-added principle" of morality? According to Aquinas, The super-added principle is drawing out more specific principles from secondary moral …show more content…
principles.
7. According to Suarez, how should we view natural inclinations by themselves? According to Francisco Suarez, we should view natural inclinations alone as animalistic, thus one must perfect them through natural law.
8.
According to Fieser, what is the central problem with Aquinas's list of natural inclinations? According to Fieser, the central problem with Aquinas's list of natural inclinations is that it is too contrived and a true list of human inclinations would include much more natural inclinations.
9. According to Grotius, what is the highest principle of natural law? According to Grotius, the highest principle of natural law is to be sociable.
10. What are the five specific rules that Grotius deduces from his highest principle of natural law? The five specific rules that Grotius deduces from his highest principle of natural law include the following: don’t take what belongs to others; restore to others anything you might have that is theirs; stick to your promises; compensate any loss that results through your own fault; and punish people that deserved to be punished.
11. According to Hobbes, what is a law of nature? And, what is the first law of nature? According to Thomas Hobbes, the law of nature is the foundation for establishing peaceful communities and ending violent conflict. Moreover, the first law of nature is the nature of self-preservation.
12. What was Pufendorf’s compromise position between Grotius's and Hobbes's
view? Pufendorf’s compromise position between Grotius's and Hobbes's view is that one’s instinct to self-preservation ultimately drives one to be sociable.
13. Explain Hume's view that we cannot derive ought from is. According to David Hume, one cannot establish statements of obligation such as “You should not lie” through observation or scientific investigation.
14. How do natural law philosophers derive ought from is? Natural law philosophers derive “ought” from “is” through depending on means of moral assessment including intuition, personal feeling, traditions …etc.
15. What are the three themes of natural law theory that are still with us today? The three themes of natural law theory that are still with us today are the natural rights and duties, social contract such as the Declaration of Independence and supreme moral principles.
1. In Roman law - particularly in The Body of the Civil Law – what does "natural law" refer to? According to Roman law, specifically The Body of the Civil Law, natural law refers to laws that apply to both animals and humans.
2. Describe Aquinas's distinctions between eternal law, natural law, human law, and divine law. According to Thomas Aquinas, there are four distinct types of laws; eternal law as the most faultless and complete set of Gods law that rules the entire community of the universe. Natural law is a general rule of conduct such as murder is wrong. Human law represents our attempt reduce more detailed rules from the general rules of natural law. Lastly, Divine law is an extraordinary set of eternal laws that God …show more content…
reveals in inspired texts such as the Ten Commandments in the Hebrew Bible.
3.
What are the two parts of Aquinas's synderesis principle? The synderesis principle denotes that the innate moral consciousness of every person directs him to good and restrains him from evil. What is more, Aquinas’s principle consist of two parts: if "x" is for our proper human end, then "x" must be done and if "x" is not for a proper human end, then "x" must not be done.
4. List the six human inclinations and their corresponding six primary precepts of morality. The six human inclinations and their corresponding primary precepts of morality include self- preservation-preserve human life; heterosexual reproduction- have heterosexual intercourse; education of offspring-educate children; rational thought-shun ignorance; knowledge of God-worship God; participation in society-avoid harming others.
5. Give an example of how we deduce secondary moral principles from primary principles. An example of how we deduce secondary moral principles from primary principle would be taking the primary principle of worshiping god and praying or asking for forgiveness as the secondary moral principle.
6. What is a "super-added principle" of morality? According to Aquinas, The super-added principle is drawing out more specific principles from secondary moral …show more content…
principles.
7. According to Suarez, how should we view natural inclinations by themselves? According to Francisco Suarez, we should view natural inclinations alone as animalistic, thus one must perfect them through natural law.
8.
According to Fieser, what is the central problem with Aquinas's list of natural inclinations? According to Fieser, the central problem with Aquinas's list of natural inclinations is that it is too contrived and a true list of human inclinations would include much more natural inclinations.
9. According to Grotius, what is the highest principle of natural law? According to Grotius, the highest principle of natural law is to be sociable.
10. What are the five specific rules that Grotius deduces from his highest principle of natural law? The five specific rules that Grotius deduces from his highest principle of natural law include the following: don’t take what belongs to others; restore to others anything you might have that is theirs; stick to your promises; compensate any loss that results through your own fault; and punish people that deserved to be punished.
11. According to Hobbes, what is a law of nature? And, what is the first law of nature? According to Thomas Hobbes, the law of nature is the foundation for establishing peaceful communities and ending violent conflict. Moreover, the first law of nature is the nature of self-preservation.
12. What was Pufendorf’s compromise position between Grotius's and Hobbes's
view? Pufendorf’s compromise position between Grotius's and Hobbes's view is that one’s instinct to self-preservation ultimately drives one to be sociable.
13. Explain Hume's view that we cannot derive ought from is. According to David Hume, one cannot establish statements of obligation such as “You should not lie” through observation or scientific investigation.
14. How do natural law philosophers derive ought from is? Natural law philosophers derive “ought” from “is” through depending on means of moral assessment including intuition, personal feeling, traditions …etc.
15. What are the three themes of natural law theory that are still with us today? The three themes of natural law theory that are still with us today are the natural rights and duties, social contract such as the Declaration of Independence and supreme moral principles.