Essay: Natural Law and Abortion

August 28, 2014
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a. Explain how a follower of Natural Law Theory might approach the issues surrounding abortion (25)

b ‘Natural Law has no serious weaknesses’ Discuss (10)  ©OCR

My comments are in red, with final mark. Do feel free to disagree – this is how we teachers and students learn together! Add your own comments underneath.

A) Natural Law is a deontological theory which comes out of the teleological worldview of the Greeks. Its firm base of faith as well as reason is a good point to study when using this ethical theory in the context of abortion. This is a bit weak. Say a bit more e.g. about natural purpose or how Aquinas takes Aristotle and gives it a christian twist.

Aristotle, the 4th Century BC philosopher from whom Natural Law takes its ‘reason’ (ratio) argued that each object in the world has four causes; material, formal, efficient and final – its telos – or purpose. When Natural Law applies this to reproducion, it dictates that the ‘telos’ of the human body is reproduction; and abortion is therefore contrary to this purpose, and therefore a wrong action, so Natural Law forbids it. That's only one possible interpretation of NL reason applied to abortion – a common mistake is to assume all NL theorists would agree with the RC church interpretation of secondary precepts.

Aquinas’ combination of ‘Fides’ to Aristotle’s ‘Ratio’ takes a string sanctity of life view. The belief that we are ‘created in the image of God’ (Genesis I) means it s forbidden to end life. I wish the Bible were this easy to interpret! Another interpetation is that we have God-given reason to make judgements and to be flexible on moral issues. Job states that ‘the Lord giveth and the Lord taketh away’. So? Spell out what this implies for this question. For Aquinas, life both in the womb as well as outside it holds the same value. This is turning into a list of assertions rather than an analysis.Thus, for a follower of Natural Law, abortion is tantamount to murder. Overstatement here, you eman the RC interpretation, with their view of the sanctity of life, holds to this – but you can be a humanist NL follower.. The Natural Law theory also adheres strange word – it derives them from the Greek idea of true purpose to the five primary precepts; preservation of life, the order of society, nurture and education of the young, to worship God and to reproduce. For all who follow Natural Law no, see above , abortion is morally abhorrent because it break two of these primary precepts. By killing a foetus one is no longer preserving life, and one would not be reproducing as naturally desired. An act of abortion is directly aimed at stopping the process of reproduction and therefore goes directly against the Natural Law ethic. Aquinas take his belief from the Bible Aquinas doesn't consider the issue of abortion, in the book of Psalms where it states ‘you knit me together in my mother’s womb’. This reference to life from God inside the womb is what gives rise to the belief that life within the womb is just as sacred as life after birth.

There is however one circumstance in which a follower of Natural Law could have an abortion. The Doctrine of Double Effect states that an action with an immoral outcome can be done, if the said action is only an unintended, unwanted secondary outcome and not the objective itself. Yes, good. The example here is one of an ectopic pregnancy. If a woman suffers from an ectopic pregnancy one could have an abortion to save the life of the mother. The unwanted side-effect is the death of the foetus, but because it was not the primary objective of the actual abortion it is deemed acceptable. Yes, always use examples This is the only situation in which Natural Law would allow for an abortion.

In conclusion, if one followed the Natural Law ethic, one would have to reject abortion on the grounds that it goes against the fundamentals of the theory. The only exception to this would need to be within the requirements of the Doctrine of Double Effect.

Main points read as assertions, not analysis – you fail to give the reasons why these views might or might not be held and so you repeat the overgeneralised conclusion that NL theorists would not support abortion (whilst then contradictign this by talking about double effect). Secondary precepts cannot be absolute – Aquinas never argued they were.  Develop the distinctiveness of Aquinas’ theory which begins with the synderesis principle and has as its ultimate telos blessedness in heaven. The natural law and the divine law both reflect the eternal law of God. Abortion cannot be part of the divine blueprint if as you mention, God knit us together from conception.

17/25

B) The Natural Law ethic of Aristotle’s ‘ratio’ and Aquinas’ ‘fides’, for some, creates the ultimate ethical theory, combining both an element of faith, and backing that up with reasoned argument.

The theologian Marcus Longford Has anyone heard of this guy – I've done a Google search and also an amazon search but can't find him? By the way – examiners in the same position will do what I ddi so don't make people up – ever! believed that Natural Law is not too inflexible. With the doctrine of double effect, this absolutist moral code could allow for circumstance. He also stated that ‘…all the endless secondary precepts have to be interpreted in the situation. It is here that Natural Law gains its flexibility.’ Yes. For Longford, the flexibility of the theory wasn’t an issue. The basis of reason in the ethical code does also give some people the impression that Natural Law has no weaknesses, because of the way that it enables everyone to reason their way into a logical conclusion. Aristotle’s four forms of causation are an example of this; if one understands a thing’s ‘telos’ – one can use it for a better means. This isn’t very clear, give an example.

Some people however, argue that Aristotle’s reasoning is in itself flawed. Aristotle also argued that a women, and the mentally ill, did not have the power to reason. This shows a key fault in that Natural Law is outdated. Some conservative Protestants also believe that because of ‘the Fall’, Man’s reason in the modern world is insufficient when worshipping or thinking about God. One could also argue that Natural Law holds too much emphasis on the primary precepts without considering if they are wrong. For example, according to Hume’s ‘naturalistic fallacy’, if you’re going to talk about this it needs to be explained: the ‘telos’ of the reproductive organs may well be reproduction, but that doesn’t mean they out to only be used for that. Excellent point – the idea of a telos itself neeeds interpetign and is open to the discussions which coem from reason applyign itself to complex issues. If so, the primary precept of ‘reproduction’ is flawed. More simply, we could be governed by Dawkins’ ‘selfish gene’, or Darwin’s theory of evolution rather than the ‘Natural Law written on their hearts.’

In conclusion the Natural Law theory does have some serious weaknesses. Not being up to date with modern society this isn't a philosophcial argument! and the current view (as it is clear to me and isn’t in Aristotle’s) on women is a major fault. But does anyone follow Aristotle on this point?Similarly, a failure to recognise other possibilities and ways to view abortion, and thus places too high a value on one example do you mean one interpetation of a primary precept? , as it does on the primary precepts, for me, indicates that Natural Law is too inflexible and too dogmatic in its teachings to be a successful and flawless theory to follow. Your communication mark starts to go down here as you are not fulfilling the requirement of clarity.

Some good points – but also some signs of stylistic weakness which you need to work on to gain a higher mark. Does NL necessarily have to be inflexible you hint at reasons why it might not have to be but do you finally spell it out ? You need to say something about how secondary precepts are derived using right reason in considering the goal of eudaimonia (Aristotle) or blessedness (Aquinas), there is always a greater end of human welfare which is being served which might allow us to legalise abortion. 7/10

Overall 24/35 C grade

 

2 Comments
  1. mathew jesty November 26, 2017 Reply

    am in agreement with part of your arguements

  2. mahdi February 14, 2019 Reply

    nice essay

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