The Puzzle of Ethics. Peter Vardy
for eating or for kissing or for both? Who is to decide? If kissing is part of the function of mouths, then kissing would become a good rather than, arguably, an evil. The need to make assumptions which may be challenged is, therefore, implicit in Aquinas’ whole approach and weakens its effectiveness.
It may also be argued that Aquinas’ approach is not holistic – it fails to consider the human being as a psycho-physical unit. To separate, for instance, genitalia out as having a particular purpose on their own without considering the whole complexity of a person’s relationship to his or her body, psychology, sexuality in general, the ability of human beings as embodied persons to express and receive love and to come to their full humanity may be a diminution of human beings as people. We are not an accumulation of ‘bits’ – we are whole human persons and all moral judgements must take our complexity as human persons into account.
Aquinas considered that the feudal order of society of his time – with Kings, barons, knights, freemen and serfs – was the natural order. He was conditioned by his culture just as we may be conditioned by ours. It is far from easy to determine the function or purpose of different human organs or of society without being influenced by one’s own preconceptions.
Aquinas believed that all human beings have a fixed, uniform human nature – this led him to maintain that there was a fixed natural law (subject to the differentiation between primary and secondary precepts above) for human beings. It may be argued that human beings do not have a single human nature and that the moral law may vary over time – in this case the whole idea of natural law may be challenged (this goes against the quote from Cicero at the beginning of this chapter). As an example, if there is held to be a single human nature then all human beings ‘should’ (according to their nature if it is ‘correctly’ ordered) be heterosexually inclined. If, therefore, someone was homosexually inclined (say due to a difference in genetic make-up) then this would be a disorder in their nature – their nature would be ‘faulty’ in that it was not what it ‘should’ be. This is one reason why Roman Catholic approaches to homosexuality tend to be clear cut – although Catholic theologians draw a distinction between an inclination which may be due to faulty genetic make-up and practising homosexuality which is due to a free decision and is therefore morally blameworthy. Against this it may be held that there is no single human nature – that some people are, for instance, homosexually inclined and others are not and this in itself is neither right nor wrong. In this case the issue may be more about how individuals should use their sexuality given their make-up rather than conformity to a specific human nature. Recent scientific studies have shown that homosexual tendencies may well be genetic. It could be (and there is no evidence for this) that in the face of an overcrowded world, nature produces an increase in those genes which direct sexual activity away from procreation. Aquinas would have difficulty coping with such a possibility.
The natural law approach to morality is much more flexible than is generally supposed. M. J. Longford (The Good and the True – An introduction to Christian ethics, SCM Press, 1985, p. 204) puts it like this:
It is true that Aquinas did also appear to hold some absolute moral rules, such as the one that disallowed lying … but this is not what is stressed in the account of natural law … His overall position is that there are what are called ‘primary precepts’ which are exceedingly general (such as the duty to worship God, and to love one’s neighbour) and ‘secondary precepts’ which are more specific, such as the duty to have only one husband or wife. However, the secondary precepts all have to be interpreted in the context of the situation, and it is here that the flexibility of natural law arises. At one point [Aquinas] argues as follows: ‘The first principles of natural law are altogether unalterable. But its secondary precepts … though they are unalterable in the majority of cases … can nevertheless be changed on some particular and rare occasions …’ … Aquinas argues, ‘The more you descend into the details the more it appears how the general rule admits of exceptions, so that you have to hedge it with cautions and qualifications.’
This is an important qualification and shows that there may be more flexibility in the natural law approach than is often supposed. It may also open the door to a natural law approach to morality coming together with situation ethics (see ch. 10) – for instance through a form of proportionalism. Whereas Aquinas is firm in his insistence on the primary precepts of natural law, he seems to show more flexibility when discussing the secondary precepts which ‘unpack’ these and sometimes modern supporters of a natural law approach to ethics do not sufficiently recognise this.
It is, perhaps, important to recognise that although many Catholic theologians today tend to support Aquinas’ natural law approach, in the Middle Ages his was not the only view in the Church. It would be wrong to think, even today, that all Catholic moral theologians are Thomists – there is a real debate in the life of the Roman Catholic Church and this debate is an on-going process, although it is, perhaps, fair to say that Aquinas’ legacy of the view that there is a single moral law and later theologians’ opinions that the Church represents this view is still the orthodox Catholic position (put forward most strongly in recent Vatican documents such as Veritatis Splendor [October 1993]) – even if there is, arguably, no requirement to accept Aquinas’ philosophic position if one is a Catholic.
Aquinas is suitably modest when making claims about the ability of moral philosophers to determine which actions should be performed in particular situations. He was a philosopher as well as a theologian and recognised the need for reflection. Aquinas did not think moral problems could simply be settled, a priori, by deduction – ultimately each individual has to make his or her own decision (Ethics, 2, c.2, lectio 2) and the place of conscience will be vital in this. An action is either right or wrong in so far as it fosters or undermines the good for man and Aquinas would be the first to recognise that there may be disagreements as to what behaviour will foster this ‘good’. However, in spite of these disagreements Aquinas is firm in the view that there is an absolute natural law: Disagreements occur because of the difficulty of determining this.
At the end of the Second World War, Nazi war criminals were tried at Nuremberg according to what were claimed as universal moral laws which were closely modelled on natural law thinking. The phrase ‘natural law’ was avoided – instead reference was made to ‘crimes against humanity’, but the thinking behind the legal actions was clearly based on natural law. It is possible to develop a natural law approach to ethics which does not depend on the existence of God, but any such approach is inevitably going to involve the notion of purpose and this, in turn, is going to depend on particular metaphysical claims. Aquinas has to make assumptions at key points when developing his approach and any humanistic natural law alternative will have to make alternative assumptions (such as that there is no God or life after death) against which the purpose of human life should be measured.
Proportionalism
Proportionalism holds that there are certain moral rules and that it can never be right to go against these rules unless there is a proportionate reason which would justify it. The proportionate reason is based on the context or situation but this situation must be sufficiently unusual and of sufficient magnitude to provide a reason which would overturn what would otherwise be a firm rule. On this basis, moral laws derived from natural law or similar approaches can provide firm moral guidelines which should never be ignored unless it is absolutely clear that, in the particular situation, this is justified by a proportionate reason.
The position of proportionalism is well put in John Macquarrie’s A New Dictionary of Christian Ethics (Blackwell, 1991, p. 392):
Perhaps the most divisive debate in contemporary Catholic moral theology concerns the existence and grounding of universally binding moral norms. The Scholastic moral theology of the manuals held that certain acts were intrinsically evil on the basis of the act itself, independent of the intention, circumstances and consequences. Revisionists maintain that the evil in acts such as contraception or even direct killing is not moral evil but pre-moral evil which can be justified for a proportionate reason.
The distinction between pre-moral and moral evil is central to the proportionalist position. Bernard Hoose, the leading British advocate, in his book Proportionalism (Georgetown University Press, 1987, p. 51), says that: