natural moral law in contemporary society.pdf - Copyright \u00a9 2010 Catholic University of America Press All rights reserved Zaborowski Holger Natural

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Unformatted text preview: Copyright © 2010. Catholic University of America Press. All rights reserved. Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. Natural Moral Law in Contemporary Society Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Studies in Philosophy and the History of Philosophy General Editor: Jude P. Dougherty Copyright © 2010. Catholic University of America Press. All rights reserved. Volume 53 Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Natural Moral Law in Contemporary Society Copyright © 2010. Catholic University of America Press. All rights reserved. Edited by Holger Zaborowski The Catholic University of America Press Washington, D.C. Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010 The Catholic University of America Press All rights reserved The paper used in this publication meets the minimum requirements of American National Standards for Information Copyright © 2010. Catholic University of America Press. All rights reserved. Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. ∞ Library of Congress Cataloging-in-Publication Data Natural moral law in contemporary society / edited by Holger Zaborowski. p. cm. — (Studies in philosophy and the history of philosophy ; v. 53) Includes bibliographical references (p. ) and index. ISBN 978-0-8132-1786-4 (cloth : alk. paper)  1. Christian ethics—Catholic authors.  2. Natural law—Religious aspects—Catholic Church.  I. Zaborowski, Holger, 1974–  II. Title.  III. Series. BJ1249.N395 2010 171'.2—dc22 2010007517 Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Contents Holger Zaborowski, Introduction  1 1. Joseph Cardinal Ratzinger / Benedict XVI, That Which Holds the World Together: The Prepolitical Moral Foundations of a Free State  13 2. Robert Sokolowski, Discovery and Obligation in Natural Law  24 3. David S. Oderberg, The Metaphysical Foundations of Natural Law  44 Copyright © 2010. Catholic University of America Press. All rights reserved. 4. J. Budziszewski, Natural Law as Fact, Theory, and Sign of Contradiction  76 5. J. L. A. Garcia, The Virtues of the Natural Moral Law  99 6. Jean De Groot, Teleology and Evidence: Reasoning about Human Nature  141 7. Mary M. Keys, Politics Pointing beyond the Polis and the Politeia: Aquinas on Natural Law and the Common Good  170 8. V. Bradley Lewis, Natural Right and the Problem of Public Reason  195 9. Francis Slade, Two Versions of Political Philosophy: Teleology and the Conceptual Genesis of the Modern State  235 1 0. Luke Gormally, The Good of Health and the Ends of Medicine   264 Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. vi   Contents 11. Nelson Lund, Montesquieu, Judicial Degeneracy, and the U.S. Supreme Court  285 1 2. John Rist, Aesthetics and Ethics: Some Common Problems of Foundationalism  315 Copyright © 2010. Catholic University of America Press. All rights reserved. Bibliography  337 Contributors  353 Index  355 Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. Natural Moral Law in Contemporary Society Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Holger Zaborowski Copyright © 2010. Catholic University of America Press. All rights reserved. Introduction “Natural law” is a concept that has been subject to severe criticism and debate, particularly since the rise of modernity. Critics of the concept of natural law speak of the illusionary or even ideological character of natural law. With the dismissal of a teleological view of nature in early modernity, the development of the modern scientific account of nature, and the modern emphasis on the decision-making and law-giving individual, they argue, natural law, as understood by premodern thinkers, no longer makes sense. New natural law theories or at least significant transformations of existing ones, as some thinkers argued, were necessary. Some thinkers even went further and totally dismissed the concept of “natural law.” New paradigms of thinking replaced thus the more traditional paradigm in which the concept of natural moral law claims a central position: the paradigm of subjectivity and freedom, the paradigm of perspectivism and relativism, or the paradigm of intersubjectivity and discursive reasoning. The traditional concept of natural law, however, has also been defended and reassessed in twentieth- and early twenty-first-century philosophy and theology. It has been defended in very different forms that often make use of the best of the traditional thinking about the subject while at the same time avoiding many of the shortcomings that led to the crisis of natural law theories. These different defenses of natural law and the different theories about natural law, however, do not necessarily make the retrieval of natural law any easier. There are many different natural law theories which are very often partly, or even completely, incompatible. There is another important reason why the concept of natu- 1 Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. 2   Holger Zaborowski ral law is still such a problematic concept. This reason has to do less with its theoretical justification than with the question how natural law can be applied in concrete contexts and situations. The concept of natural law thus still poses a major challenge for contemporary thinking. Whatever its critics may say, it is still difficult to see how some important moral, legal, and political questions could be solved without either the concept of natural law, or without a conceptual framework that de facto preserves the content of natural law from within a paradigm of thinking that, although differing from the classical paradigm of thinking about natural law, comes to similar conclusions. It is important to note here that modern philosophy, even where it does not explicitly speak about natural law, is not always altogether critical of natural law. It has at times reformulated rather than dismissed classical natural law theories. The concept of natural law, therefore, remains controversial. There are many open questions that can only briefly be mentioned here. A philosophical critic may wonder if the development of modern philosophy ought not to be taken more seriously than some natural law theorists do. A Christian theologian may ask if a merely philosophical concept of natural law does not fall short of the new view, and, indeed, reality, of creation as disclosed in the Incarnation. There are many more questions that remain controversial and will require further thinking: questions concerning the relation between faith and reason in approaches to natural law; the kind of moral question with respect to which natural law can be applied; the hermeneutics of nature and of natural law; or the relation between natural and positive law or between metaphysics, ethics, and the natural sciences. The essays of this volume deal with many of these questions and examine natural moral law, natural law theories, and the role that natural law can and should play in our contemporary society. While some essays explore the systematic metaphysical and moral aspects of natural law and foundational questions, others focus on questions related to the application of natural law in the political, medical, or legal realms, or discuss historical questions that are closely related to the crisis and defense of natural law. All contributors agree that natural law is a concept that cannot and must not be dismissed and that is in need of a careful retrieval. While there are clearly differences in emphasis among the con- Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. Introduction   3 tributors, most of them also agree that the defense of natural law, the critique of the modern dismissal of natural law, and the proper use of philosophical reasoning are all closely related. All essays collected in this volume are revised versions of papers that were delivered at the 2005 fall lecture series of the School of Philosophy of the Catholic University of America in Washington, D.C. This lecture series was inspired by a letter written by then Joseph Cardinal Ratzinger, now Pope Benedict XVI, in which he asked the Catholic University of America, among other institutions, to reflect on, and explore the subject of natural law. The first essay of this volume—the only contribution that does not go back to the Catholic University of America lecture series—is an essay by then Cardinal Ratzinger in which he addresses the concept and significance of natural law. It can be read as an introduction to the problem and challenge of natural law and thus supplements the other essays of this volume. In this essay, entitled “That Which Holds the World Together: The Prepolitical Moral Foundations of a Free State,” then Cardinal Joseph Ratzinger reminds his readers of the moral foundations of any free democratic society. There is special need to do so today, he argues, for there are not only dangerous pathologies in religion (such as fundamentalism and religiously justified acts of terrorism), but also dangerous pathologies of reason that find expression in the atomic bomb or in some tendencies in the natural sciences and in the application of scientific knowledge. This is why Ratzinger sees a need to explore the moral foundations of the state that precede the political discourse. He finds these foundations historically expressed in “a law, or at least a legal minimum, antecedent to dogma; the sources of this law then had to lie, no longer in faith, but in nature and in human reason.” Ratzinger is aware of the problems and challenges that are closely connected with the concept of natural law, but he still maintains that, at least for the Catholic Church, “natural law has remained . . . the key issue in dialogues with the secular society and with other communities of faith in order to appeal to the reason we share in common about the ethical principles of law in a secular, pluralistic society.” Vis-à-vis the pathologies of religion and reason, Ratzinger suggests the solution of a “necessary relatedness between reason and faith and between reason and religion which are called to purify and help one another.” On the basis of this, Ratzinger suggests, natural law can be defended Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. 4   Holger Zaborowski and brought into the debate between Christianity and Western secular rationality and between them and other cultures. In the conclusion of his essay, Ratzinger expresses the hope that “ultimately, the essential values and norms that are in some way known or sensed by all men will take on a new brightness,” that, in other words, the content of what previous generations have called natural moral law will be preserved and come to new fruition. In “Discovery and Obligation in Natural Law,” Robert Sokolowski sets the scene for a conceptual discussion of natural moral law. He introduces and discusses a number of important key distinctions such as the distinction between positive, established law and our individual conduct; the distinction between established law and a deeper law or custom; and the distinction between the deeper natural law and an agent’s own, merely individual, wishes. Sokolowski then goes on to introduce two other important distinctions, the distinction between our established laws and the laws of other people and the distinction between natural law and the many established laws. These distinctions help Sokolowski to explore the domain of ethical and political prudence which, he argues, is the domain to which natural law essentially belongs. Sokolowski also introduces another distinction of a different character, the distinction between divine positive law and natural law. This distinction, he argues, is important also for the Christian approach to natural law insofar as, on his account, one should not too easily give up the claim of reason and dismiss the difference between divine positive and natural law. He then goes on to examine the difference between ends and purposes (another important distinction) and shows that natural law is disclosed in the complex interplay between natural ends and human purposes. Given that modern thinking increasingly dismissed the concept of natural ends (at least in very powerful proponents of modern thinking), Sokolowski encounters the challenge of restoring the concept of natural law without simply developing a pre- or antimodern position. Our challenge is, he argues, “to question the very distinction between modern and premodern and to move toward philosophy as transcending that difference.” In the remainder of his essay, Sokolowski illustrates what this could mean and how natural law can be discovered through a concrete example, and provides an outline of how the natural law discourse can be reconciled with the modern discovery of human rights. Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. Introduction   5 David Oderberg examines “The Metaphysical Foundations of Natural Law.” He notices that almost all contemporary moral philosophy neglects metaphysical questions. Oderberg argues, however, that there is an “intimate connection between metaphysics and morality.” Reality does not consist of mere facts; it is always already normative. This normative character, as he points out, is taken seriously by natural law theories; it finds its expression in the understanding of reality as a necessary cosmic order without which there could be no practice of morality and thus no morality at all. This is why concepts such as nature, function, and flourishing play a major role in all natural law theories. The metaphysical foundations of natural law, Oderberg argues, are not limited to this. What also needs to be considered is the wider metaphysical essentialism that he considers to be of central significance to the theory of natural law. It is essentialism that provides a secure foundation for natural law, Oderberg argues, because it not only holds that things do have a real essence, but also that the essences of things can be known. Essentialism, he further argues, is also necessary fully to understand another important, though today often neglected or dismissed, feature of reality that is presupposed by natural law. “Only a thoroughgoing essentialism,” Oderberg points out, “can undergird natural teleology; without the former, the latter is understandably going to seem mysterious, obscure, perhaps an illusion of man’s devising.” Oderberg concludes his essay by discussing the role of human nature in natural law discourse and critically discusses the Grisez-Finnis-Boyle school of reasoning about natural law, thus showing not only the importance of reassessing the connection between metaphysics and ethics, but also of a sound philosophical metaphysics. J. Budziszewski, in his article “Natural Law as Fact, as Theory, and as a Sign of Contradiction,” takes Cardinal Ratzinger’s view of natural law as a starting point and explores different aspects of natural law. In so doing, he provides an important contribution to the questions of what natural law is and supplements the foundational enterprises of Robert Sokolowski and David Oderberg. Natural law is, first of all, a factual feature of the world that has to do with how things—not just the human person—really are. In his essay, Budziszewski explores the pretheoretical human experience of natural law that is common to all people, in the experience of the call of one’s conscience, for instance. The fact of natural law, however, also requires theoretical consideration, particularly in Zaborowski, Holger. Natural Moral Law in Contemporary Society, Catholic University of America Press, 2010. ProQuest Ebook Central, . Created from ndmuibed-ebooks on 2019-12-13 00:28:49. Copyright © 2010. Catholic University of America Press. All rights reserved. 6   Holger Zaborowski a time in which the content of natural law is no longer considered selfevident by many people. Natural law, Budziszewski argues, needs to be, and can very well be, understood as both true law and truly natural. Natural law is, therefore, also a theory about reality that tries to explain what reality is and how it is constituted. It provides us with insights into the basic structure of nature as meaningful and designed and therefore also with insights into ourselves. In this context, Budziszewski also discusses important and powerful objections against natural law, such as the accusation that natural law theories hold a naturalistic fallacy, then proves them inconsistent and not convincing, and explores what he calls “witnesses” (such as conscience and the designedness of things in general) of natural law to show how natural law is known. Natural law is, however, also a sign of contradiction. That natural law is a feature of reality is not a commonly shared view any more; it is also a very puzzling and scandalous concept. Budziszewski explores the reasons for this in the last part of his essay. One reason, he argues, lies in the Fall which explains why we do not want to hear of natural law. He concludes his essay by exploring the contemporary crisis of natural law and by drawing attention to ways of encountering and overcoming it. In his contribution, “The Virtues of the Moral Law,” J. L. A. Garcia focuses upon virtues-based moral theory as the wider theoretical framework for his discussion of the natural moral law. Garcia first examines the strengths of this theory and also discusses some alternatives and objections against it. He then further explores the moral virtues and vices with respect to conduct and develops a virtues-based, role-centered, and patient-focused account of “ought”-judgment...
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