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Practice Exercises for Natural law theory and Just War theory

AB
the origin of natural law theory goes all the way back toStoicism in ancient Greece
Thomas Aquinasformulated a view of natural law theory that has been influential, including on just war theory as well as healthcare
In addition to the idea that we strive to do good and avoid evil, Aquinas' theory said people1) value life 2) value sexual reproduction and the raising of children 3) value the seeking of knowledge, including knowledge of God; 4) value getting along with others in society
Martin Luther King, Jr, in this document, referenced Augustine and Aquinas' natural law theory in making a case for civil disobedience in the civil rights movementthe "Letter from Birmingham Jail"
the Nazis during the Nuremberg trials after WWII were condemned not on the basis of German law but on the basis that they violated________--a set of principles they should have known were true simply on the basis of reasoningnatural law
Augustine of Hippo, North Africa, saidan unjust law is not a law
Aquinas maintains that the default position is to obey all civil lawsexcept when they are serious violations of natural law---such as Martin Luther King said Jim Crow laws were
Natural law theory would agree with protests that violate laws by sitting on freeways and blocking trafficNo--because traffic laws are for the common good and do not violate natural law
natural law theorists would say natural law islaw according to reason
Regarding sex and marriage, natural law advocate Janet Smith would maintain thatsexual intercourse should only occur in a marriage intended for life, since the purpose of sex is not pleasure but producing and raising of children and increasing the bond between the couple
Regarding contraception, the natural law position as described by Janet Smith is thatcontraception contradicts the procreative purpose of sex and interferes with the feeling of total self-giving of one to another during sex
A utilitarian position on sex outside of marriage and contraception is thatboth are fine as long as overall pleasure for self and society is increased and not decreased
Suicide is prohibited by natural law theorybecause it goes against the basic good of life, which should be protected and promoted
Suicide might be allowed by the utilitarian position,depending on whether it increases or decreases pleasure for the people involved and society as a whole, both in the short term and in the long run
When both good and bad effects result from an action, this principle of natural law theory from Aquinas is usedthe principle of double effect
There are __________steps according to decision-making process of the principle of double effectfour
The first step of the principle of double effectDetermining whether the action in itself is good or at least morally neutral
An example of the first step of the principle of double effectRemoving a diseased uterus meets this criteria. (Directly killing the fetus in the case of rape or incest does not. Directly killing in euthanasia does NOT meet the criteria.)
The second step of the principle of double effect.Determining whether the bad side effect is unavoidable.
An example of the second step of the principle of double effectWhen removing a cancerous uterus to save a woman's life, the death of the nonviable fetus is unavoidable, so it meets this criteria.
The third step of the principle of double effectDetermining whether the bad effect is a means of securing the good effect or whether it is an unintended side effect
An example of the third step of the principle of double effectThe death of the fetus was not the means of saving the woman's life but an unintended side effect: the cancerous uterus would have been removed even if she was not pregnant
The fourth step of the principle of double effectDetermining whether the good effect and the bad effect are proportional
An example of the fourth step of the principle of double effectThe life of the mother is proportional to the life of the fetus, so the cancerous uterus can be removed
In pain medication in end of life caremedication which might somewhat shorten the life of the dying person can be given because such shortening is an unintended side effect and the horrible pain could not be relieved without the medication
In natural law medical ethics, food and water is ordinary care that cannot be withdrawn while protecting the good of lifeunless the patient is already in the dying process and the body is unable to process hydration and nutrition
In natural law medical ethics, keeping on or putting someone on a heart and lung machine or zapping them back lifeis considered ordinary care in some circumstances but extraordinary (and not required) care in other circumstances
Using a defibrillator on an accident victim with a good chance of recoveryis considered ordinary care and required according to natural law theory if the technology is available
Using a defibrillator on a terminal patient with end-stage canceris considered extraordinary care and not required according to natural law theory (though the patient may choose it)
Weakness of natural law theoryIt could be difficult to agree on what the basic "reasonable" principles are
Strength of natural law theoryIt can be used to argue for the improvement of civil laws when the "majority" in a society are seen to have come up with laws that are not ethical (such as in the case of Jim Crow laws)
the principle of forfeiturea principle of natural law theory in which the attacker forfeits his right to life because he/she is threatening the life of another
Just war theoryis related to the idea of natural law theory in that the basic good of life needs to be protected and promoted
Just war theory deals with two things:proper reason for going to war and proper behavior during war
An acronym to remember the principles of just war theoryLLJ PR PC
L Last resortthe principle of just war theory that says violence must be a last resort
L Legitimate authoritythe principle of just war theory that says someone actually in charge needs to act, not some renegade vigilante group
J Just causethe principle of just war theory, whereby a country has a right to defend itself against an aggressor (or come to the aid of another country that is being attacked
P Probability of successthe principle of just war theory that maintains one can't ethically go to war if there is not chance of success
R Right intentionthe principle of just war theory that says the intention must be to reestablish peace, not some other intention.
P Proportionalitythe principle of just war theory that says that the violence inflicted can't be more than the violence suffered
C Civilian casualtiesthe principle of just war theory that says only armed soldiers can be attacked, not unarmed civilians
According to the principle of double effect, unarmed civilians can be killed only iftheir death is an unavoidable, unintended side effect of an attack on a military target (while minimizing such casualties)
three people who were instrumental in the formulation of just war theoryCicero, Augustine and Aquinas
Which principle of just war theory was violated in the dropping of bombs on Hiroshima and Nagasaki?Civilian casualties. The cities were full of unarmed civilians.
How was a utilitarian calculation used in justifying the dropping of the bombs on Hiroshima and Nagasaki?It was thought that more lives would be saved on both sides by shortening the war, and the bombs did produce immediate surrender.
Examples of just war principles used by ordinary ethical policingLast resort, Just Cause, Proportionality, Right intention, Civilian casualties
Using the Civililan Casualties criterionan ethical officer does not use lethal force against an unarmed citizen who is not attacking anyone
Using the Last Resort criterionan ethical officer tries to deescalate a situation, if possible, before resorting to force
In the Broken Windows policysmall infractions are strictly dealt with so as to prevent bigger crimes.
A utilitarian justification is given for the Broken Windows policyin that the overall happiness is society is increased when crime rates are lowered. However, this overall benefit is at the expense of the people who are unfairly picked on in the Broken Windows policy.
Eric Garner was selling cigarettes individually to make moneythis small violation of law was strictly dealt with as part of the Broken Windows policy
Eric Garner's treatment can be seen as a violation of this principle of just war theoryProportonality
These are the seven basic goods (which must be protected) according to contempoary natural law theorist John FinnisFinnis' seven basic goods that can't be violated are the following: life, knowledge, aesthetic experience, friendship, play, practical reasonableness, and religion (meaning asking questions about religion, which even an atheist does).



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