PRESENTATION BY LEVIS

• HOW PERSUASIVE IS NATURAL LAW?

• SOURCES
1. Lloyd’s Introduction to Jurisprudence
2. Coyle, “Natural law and modern society”. Oxford University Press
2023
3. Ronald Dworkin, “Law’s Empire”, 1986
HOW PERSUASIVE IS NATURAL LAW?
• Definition.
• Lloyd: A basic moral quality in law which prevents a total
separation of the ‘is’ from the ‘ought’;
• In its simplest definition, natural law is that "unwritten law"
that is more or less the same for everyone everywhere.
• It is the concept of a body of moral principles that is common
to all humankind and, as generally posited, is recognizable by
human reason alone.
• Natural law is a philosophical and ethical theory stating that
humans possess intrinsic traits, such as moral values and the
ability to make rational decisions. A morally driven person
can differentiate between right and wrong and good and evil.
It is a universal and constant law based on human nature and
remains unaffected by culture, custom, or society.
 HISTORY
• It is a consistent universal law based on human nature that remains untouched
by culture, custom, or society. However, it evolves based on its intended use,
function, and conditions.
• Greek philosophers Aristotle and Plato were the first advocates of the theory,
but Italian philosopher Thomas Aquinas proposed the notion in the medieval
period.
• Unlike positive law, this system of justice is devoid of judicial or legislative
intervention. But sometimes, emotions take precedence over the factors that
influence a decision.
 HOW DOES NATURAL LAW WORK?
• The natural law theory advocates that the effective implementation of the
law depends on human beings’ morality, conscience, and rationality.
Therefore, the concept mainly focuses on being good and supporting good
while avoiding evil. According to this law, the sense of right-wrong and good-
bad comes from individual choices and behavior
 NATURAL & BASIC GOODS
• Life – The first good is to make sure living creatures preserve
their lives. This understanding is what keeps them off from
dangers.
• Reproduction – To reproduce is one of the fundamental goods
for the society to propagate the human population.
• Education – Humans must educate their offspring, as it is the
foundation for their moral and behavioral development.
• Worship – It is the next step towards gaining a sense of morality
and conscience. It allows differentiating between good and evil.
• Social Life – It plays a crucial role in developing the moral
character and sensibility of human beings. Even Aristotle, one
of the first advocates of the natural justice system, called
humans “a social animal.”
• Avoid Offense – The next essential good is no involvement in
any crime.
• Everyone seems to have some knowledge of natural law even
before such knowledge is codified and formalized
• In summary, natural law:
• Is not made by human beings;
• Is based on the structure of reality itself;
• is the same for all human beings and at all times;
• Is an unchanging rule or pattern which is there for human
beings to discover;
• Is the naturally knowable moral law;
• Is a means by which human beings can rationally guide
themselves to their good
Cont’d
• It is given by God
• It is authoritative over all humans
• It is naturally known by all humans
 Essential features of Natural law
• It is universal, unchanging & everlasting
• That which is good is in accordance with nature & that
which is bad is contrary to nature (Therefore natural law
is good). For example, it is a natural law for mankind to reproduce itself:
therefore, mankind ought to do so and it would be contrary to this natural law
for human beings not to produce children. [p.222 Lloyd’s Introducing Law]
• There exists an order in nature which is rational & which
can be known by man.
• There are absolute values & ideals which validates laws.
thus a law lacking moral validity is wrong & unjust.
 EXAMPLES OF N.L
• Reproduction of children
• Prohibition from killing
• Belief/right to acquire property
• Right to defend oneself.
• Parental duties towards their children
• Pursuit of happiness. (Coyle, 2023 Natural law and modern society.
Oxford University Press)
• E.t.c
 CASE LAW
• An example can be found in the 2014 case of Burwell v. Hobby Lobby
Stores, Inc. 573 U.S 682 (2014)
• in which the U.S. Supreme Court ruled that for-profit companies are not legally
obligated to provide employee health care insurance that covers expenses for services
that go against their religious beliefs.
• The Patient Protection and Affordable Care Act of 2010—better
known as “Obamacare”—requires employer-provided group health care plans to cover
certain types of preventative care, including FDA-approved contraceptive methods.
This requirement conflicted with the religious beliefs of the Green family, owners of
Hobby Lobby Stores, Inc., a nationwide chain of arts and crafts store. [any use of
contraception is immoral].
• the Supreme Court held that by forcing religion-based companies to fund what they
consider the immoral act of abortion, the Affordable Care Act placed an
unconstitutionally “substantial burden” on those companies. The court further ruled
that an existing provision in the Affordable Care Act exempting non-profit religious
organizations from providing contraception coverage should also apply to for-profit
DWORKIN’S NATURAL THEORY OF LAW.
(Ronald Dworkin, “Law’s Empire”, 1986).

• Dworkin's Natural theory of law emphasizes that the law should be interpreted
and applied in a way that is consistent with moral values and principles. He
believes that judges should consider the moral dimensions of a case and make
decisions that are not only legally justified but also morally just. [In this view,
Dworkin criticizes the idea that the law can be separated from morality and
argues that legal decisions should be grounded in ethical considerations. This is
in contrast to legal positivism, which holds that the law is purely a matter of
social convention and does not necessarily have any moral basis.]
• In essence, Dworkin's natural theory of law rejects the idea of a strict
separation between law and morality. He contends that legal decisions should
be based on moral principles and values, and that the law should aim to
promote justice and protect individual rights.
How Persuasive is N.L then?

It is not whether the N.L works as a theoretical coherent

account BUT whether it can convince/persuade anyone
especially now in our current cultural climate.
Or
It is NOT, “is N.L true?” BUT rather, “will anyone buy this
theory? [hence the qtn, “is N.L persuasive?”]
 Different natural law theories may have different strengths and weaknesses, and may
appeal to different audiences and contexts. However, some possible criteria for evaluating
the persuasiveness of natural law are:
• Coherence: How consistent and logical is the natural law theory? Does it avoid
contradictions, fallacies, and circular reasoning? Does it provide clear definitions and
distinctions for its key concepts and terms?
• - Comprehensiveness: How well does the natural law theory account for the diversity and
complexity of human experience and reality? Does it address the major ethical and legal
issues and dilemmas that humans face? Does it accommodate different perspectives and
values without compromising its own integrity?
• - Conformity: How well does the natural law theory align with our common moral intuitions
and judgments? Does it resonate with our sense of justice, fairness, and dignity? Does it
avoid absurd or counterintuitive implications or consequences?
• - Constructiveness: How useful and practical is the natural law theory for guiding our
actions and decisions? Does it provide clear and feasible norms and rules that can be
applied to various situations and cases? Does it foster positive outcomes and relationships
for individuals and society?
STRENGTH OF NATURAL LAW
• 1. It provides a rational basis for morality and law, without relying on divine
revelation or human authority.
• 2. it offers a coherent and comprehensive framework for moral reasoning and
decision-making. Natural law theorists claim that there is a hierarchy of moral
norms that can guide human action in different situations and contexts. At the
top level, there are the general precepts/first principles of natural law, such as
"do good and avoid evil", "treat others as you would like to be treated", and
"respect the common good".
• it supports a robust conception of human rights and justice. Natural law
theorists contend that human rights are based on human nature and dignity,
rather than on social contract or convention. Human rights are inherent in every
human being by virtue of being rational creatures who can pursue their natural
goods.
 WEAKNESSES OF NATURAL LAW
1. It faces serious challenges from moral relativism and pluralism. I.E [Moral
relativism is the view that there is no objective moral truth or standard that
can be universally valid or binding for all people since it holds that morality is
relative to culture, society, history, or personal preference]. [Moral pluralism
acknowledges that there may be some common moral values or principles
among different cultures or groups, but it also recognizes that there may be
irreconcilable moral conflicts or disagreements among them].
2. Natural law is based on a controversial assumption that human nature is fixed
and immutable therefore, what is natural for one person or group may not be
natural for another.
3. Natural law is vague and ambiguous in defining what is good and what is evil.
It relies on general principles, such as the preservation of life, the pursuit of
happiness. E.g some people may argue that abortion is against natural law
because it violates the principle of life, while others may argue that abortion
is consistent with natural law because it respects the principle of happiness.
Weaknesses cont’d
4. Natural law is not always compatible with positive law. Natural law
may conflict with the laws that are enacted by human authorities, such
as governments, courts, and legislatures. E.g, some natural law
theorists may oppose capital punishment, war, or taxation as violations
of natural law, while these practices may be legal and justified by
positive law
 Other scholars on persuasive nature
of N.L
• According to Dr. George, N.L provides a persuasive alternative to other theories
because it can;
• 1. Explain two features of human action & experience that other theories not
only cannot explain but dismiss as mere illusions.
• Utilitarianism an ethical theory that determines right from wrong by
focusing on outcome.
• Determinism entails that, in a situation in which a person makes a certain
decision or performs a certain action, it is impossible that he or she could have
made any other decision or performed any other action
• 2. it can also account for the fact that most of us act “as if” there are morally
binding objectives & universal principles of human conduct even if we do not
believe principles do exist.
 Guiding qtns for better understanding
• Are gay marriages immoral?
• Is it wrong to eat human being?
• Should the law permit abortion? Etc
• NB:
• People make judgements of truth or falsity because natural law exists/is
already operative.
• Remember animals live without law but by instinct& without freedom; BUT,
people cannot live as people without the law. “i.e N.L is the dynamic source of
our acts.”
• Like GRISEZ said, “there is no man without the law”- the natural law plays a big
role here.
 Conclusion.
• N.L is generally persuasive in as far as influencing people to believe in it is
concerned. Natural law can be persuasive in several ways.
• First, it can appeal to our common human nature and reason, which can help us
to overcome our differences and conflicts.
• Second, it can provide a basis for human rights and dignity, which can protect us
from oppression and injustice.
• Third, it can offer a source of moral guidance and authority, which can help us
to make good decisions and to act virtuously