THE CATHOLIC UNIVERSITY OF AMERICA
SCHOOL OF PHILOSOPHY
Philosophy 333: Philosophy of Natural Right and Natural Law
Fall 2009
Aquinas Hall, rm. 102
MWF: 9:10-10:00 a.m.
Instructor contact information:
Dr. V.B. Lewis
221 Aquinas Hall
(202) 319-6654
E-mail: lewisb@cua.edu
Office Hours: MW 10:00-11:00 a.m.
Course Description: We shall consider the proposition that there is a natural foundation for moral life,
political practice, and legal institutions. This is an idea that goes back to the pre-Socratic philosophers,
although it has been subject to harsh criticism in recent times. Some have rejected the notion on religious
grounds, arguing that original sin has destroyed man’s ability to know moral truth on his own. Some have
argued against it on grounds that it illicitly draws moral lessons from an essentially a-moral natural order.
Still others have rejected it on grounds that it unduly restricts the latitude of political action and thus
endangers the goods of political life. Finally, some have argued that, as a matter of fact, people have
disagreed about moral norms and so history teaches us that there is no right by nature. The necessary
precondition for assessing such criticisms is an adequate understanding of the claims of natural law theory
itself. In this course we shall (1) examine some of the characteristic criticisms of the idea of natural law
via some texts of David Hume (1711-1776) and John Stuart Mill (1806-1873). Then we will (2) examine
the original claim for natural right as it emerges in conflict with its most characteristic rival view in
Plato’s Gorgias, and (3) its further development in the thought of the greatest medieval Christian
proponent of natural law, St. Thomas Aquinas (1225-1274). Then (4) we will look at two early modern
versions of natural law theory, those associated with Hugo Grotius (1583-1645), often considered the
founder of international law, and John Locke (1632-1704), the philosopher whose thought informed many
of the founders of the United States. Finally (5) we will look at revised Thomistic accounts of natural law
proposed by two contemporary thinkers, Jacques Maritain (1882-1973), one of the most influential
Catholic philosophers of the twentieth century, and John Finnis (1940-), the most well-known
contemporary proponent of natural law. An important theme here will be the centrality of human rights.
Required Texts
Plato, Gorgias. Trans. James H. Nichols, Jr. Ithaca, NY: Cornell University Press, 1998.
St. Thomas Aquinas, On Law, Morality, and Politics. 2d ed. Trans. Richard J. Regan. Ed. William
P. Baumgarth and Richard T. Regan. Indianapolis: Hackett, 2002.
John Locke, Second Treatise on Government. Ed. C.B.Macpherson. Indianapolis: Hackett, 1980.
Jacques Maritain, Natural Law: Reflections on Theory and Practice. Ed. William Sweet. South
Bend, IN: St. Augustine’s Press, 2001.
John Finnis, Natural Law and Natural Rights. Oxford: Clarendon Press, 1980.
Additional on-line reading materials
Francisco Suarez, On Law and God the Lawgiver (1612), bk. 2, ch. 6, trans. By Fred Fredosso.
URL: http://www.nd.edu/~afreddos/courses/301/suarezdelegii6.htm
Hugo Grotius, The Law of War and Peace (1625), Prolegomena. URL:
http://www.lonang.com/exlibris/grotius/gro-100.htm
John Stuart Mill, “On Nature,” from Three Essays on Religion (1874). URL:
http://www.lancs.ac.uk/users/philosophy/texts/mill_on.htm
Course Goals
To present a selective survey of the history and range of natural law theories in moral, political,
and legal philosophy;
To begin to assess strengths and weaknesses of natural law approaches to these topics and of the
different natural law theories in relation to one another;
To gain some sense of the relevance of this approach to contemporary issues;
To develop skills in philosophical thinking and writing.
Goals for Student Learning
At the conclusion of the course, the student will demonstrate:
Knowledge of the different types of natural law theory, their principal claims, and their strengths
and weaknesses relative to one another;
Knowledge of the most important criticisms of natural law theory;
Improved ability to think and write critically about philosophical questions.
Course Requirements & Assessment
Mid-term examination (20% each).
Final comprehensive in-class examination (40%). The exam will be given on the date specified by
the registrar and listed below. It will be given at no other time, so make travel plans accordingly.
Three papers on topics to be assigned in class (10%, 15% and 15 % respectively). Papers are due
at the beginning of class on the date specified in the assignment. Late papers will be assessed a
penalty of one half-grade per day of lateness. Assignments will be distributed.
In order to pass the class all assignments must be completed. Intelligent class participation can
raise your grade; excessive absences (more than three) will lower it. Ten absences without serious
extenuating circumstances (I am the judge of what counts) will result in failure of the course.
Expectations and policies
Academic honesty: Academic honesty is expected of all CUA students. Faculty are required to
initiate the imposition of sanctions when they find violations of academic honesty, such as
plagiarism, improper use of a student’s own work, cheating, and fabrication.
The following sanctions are presented in the University procedures related to Student Academic
Dishonesty (from http://policies.cua.edu/academicundergrad/integrityprocedures.cfm): “The
presumed sanction for undergraduate students for academic dishonesty will be failure for the
course. There may be circumstances, however, where, perhaps because of an undergraduate
student’s past record, a more serious sanction, such as suspension or expulsion, would be
appropriate. In the more unusual case, mitigating circumstances may exist that would warrant a
lesser sanction than the presumed sanction.”
Please review the complete texts of the University policy and procedures regarding Student
Academic Dishonesty, including requirements for appeals, at
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http://policies.cua.edu/academicundergrad/integrity.cfm and
http://policies.cua.edu/academicundergrad/integrity.cfm.
Courtesy: Good manners are a part of civilization and civilization is a good thing (consider the
alternatives). Lest there be any doubt, my classroom is part of civilization.
Students should arrive on time and on those very rare occasions where circumstances beyond
one’s control lead to lateness should enter the classroom in such a manner as to cause the
least disruption and inconvenience to others.
Cell phones should be turned off before class.
Barring some medical emergency, there should be no need for anyone to leave the room
during class. We only meet for 50 minutes and all non class related business should be taken
care of ahead of time.
There will be no eating in class. I don’t mind the drinking of (legal) beverages (the more
caffeine the better) provided it is not disruptive.
Campus Resources for student support:
Library: http://libraries.cua.edu/welcome.html
Tutoring center: http://success.cua.edu/
Writing center: http://english.cua.edu/wc/
Counseling center: http://counseling.cua.edu/
Accommodations for students with disabilities: Any student who feels s/he may need an
accommodation based on the impact of a disability should contact the instructor privately to discuss
specific needs. Please contact Disability Support Services (at 202 319-5211, room 207 Pryzbyla Center)
to coordinate reasonable accommodations for students with documented disabilities. To read about the
services and policies, please visit the website: http://disabilitysupport.cua.edu.
University grades:
The University grading system is available at
http://policies.cua.edu/academicundergrad//gradesfull.cfm#II for undergraduates.
Reports of grades in courses are available at the end of each term on http://cardinalstation.cua.edu .
Course Schedule
This is somewhat preliminary and subject to revision.
* = on-line reading; URL listed above.
PART I: INTRODUCTION
Aug 31
Introduction: Vice President Biden’s
Questions
Sept 2
Nature Against Morality: John Stuart
Mill’s Objections
The Naturalistic Fallacy: From Mill to
Hume
Labor Day Holiday
The Problem of Natural Law: an
Agenda
Sept 4
Sept 7
Sept 9
Recommended:
http://www.gpoaccess.gov/congress/senate/judiciary/
sh102-1084pt1/1-5.pdf
J.S. Mill, “On Nature”*
J.S. Mill, “On Nature” cont’d
Hume, Treatise on Human Nature passage*
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PART II: CLASSICAL NATURAL RIGHT
Sept 11
Sept 14
Sept 16
Sept 18
Sept 21
Socrates on the Claims of Rhetoric
Rhetoric and the Question of
Happiness
Kallikles on Natural Law
First Paper Due
Socrates on Natural Right
Conclusions on Plato
Plato, Gorgias 447a-471a
Plato, Gorgias 471a-481c
Plato, Gorgias 481c-493d
Plato, Gorgias 493d-527a
PART III: THOMISTIC NATURAL LAW
Sept 23
Sept 25
Aquinas’s Questions
The Principals of Human Action
Sept 28
Sept 30
Oct 2
Oct 5
Oct 7
Oct 9
Oct 12
Oct 14
Oct 16
Oct 19
Oct 21
Oct 23
Oct 26
Conscience and Synderesis
The Nature of Law
Kinds and Effects of Law
Eternal Law
Natural Law I
Natural Law II
Columbus Day Holiday
Old Law and Natural Law
Natural Law to Human Law I
Natural Law to Human Law II
Second Paper Due
Killing
Property
Marriage
Oct 28
Conclusions on Aquinas
Oct 30
Mid-Term Exam
St. Thomas Aquinas, Summa theologiae, 1a2ae, qq.
18, 19
http://www.newadvent.org/summa/2018.htm
http://www.newadvent.org/summa/2019.htm
Aquinas in Baumgarth & Regan, pp. 1-9
Aquinas in Baumgarth & Regan, pp. 10-16
Aquinas in Baumgarth & Regan, pp. 16-29
Aquinas in Baumgarth & Regan, pp. 30-40
Aquinas in Baumgarth and Regan, pp. 40-44
Aquinas in Baumgarth & Regan, pp. 44-51
Aquinas in Baumgarth & Regan, pp. 76-96
Aquinas in Baumgarth & Regan, pp. 51-59
Aquinas in Baumgarth & Regan pp. 59-75, 188-89
Aquinas in Baumgarth & Regan, pp. 164-172
Aquinas in Baumgarth & Regan, pp. 130-163
Summa theologiae, 2a2ae, qq. 153-154 (On lust) &
3a (supplement), q. 41 (Matrimony)
http://www.newadvent.org/summa/3153.htm
http://www.newadvent.org/summa/3154.htm
http://www.newadvent.org/summa/5041.htm
Francisco Suarez, On Law and God the Lawgiver
(1612), bk. 2, ch. 6*
PART IV: MODERN NATURAL LAW
Nov 2
Nov 4
Nov 6
Nov 9
Hugo Grotius: the Transition to
Modern Natural Law
John Locke: The State of Nature
Locke: Property
Locke: Political Authority
Hugo Grotius, The Law of War and Peace,
Prolegomena*
John Locke, Second Treatise on Government, chs 1-4
Locke, ch. 5
Locke, chs 6-9
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Nov 11
Locke: Resistance and Rebellion
Locke, chs 11-19
PART V: CONTEMPORARY REVISIONS
Nov 13
Nov 16
Nov 18
Nov 20
Nov 23
Nov 25
Nov 27
Nov 30
Dec 2
Dec 4
Dec 7
Dec 9
Dec 11
Dec 14
Jacques Maritain: Knowing Natural
Law
Maritain on Natural Law and History
Maritain on Natural Law and Natural
Rights
Third Paper Due
Finnis’s Methodological Natural Law
Finnis on Practical Reason I
Finnis on Practical Reason II
Finnis: Community
Finnis: Rights I
Finnis: Rights II
Finnis: Authority
Finnis: Law
Finnis: Obligation & Unjust Laws
Finnis: God and Natural Law
Maritain, Natural Law, pp. 3-7, 13-24
Maritain, pp. 25-38
Maritain, pp. 39-74
John Finnis, Natural Law and Natural Rights, ch. 1
Finnis, chs 3-4
Finnis, ch. 5
Finnis, ch. 6
Finnis, ch. 8
Finnis, ch. 8
Finnis, ch. 9
Finnis, ch. 10
Finnis, chs 11-12
Finnis, ch. 13
Conclusions
Final Examination: Friday, December 18, 8:00 – 10:00 a.m.
Bibliography
The following is a select list of books that I have consulted in preparing the course:
Ashcraft, Richard. Revolutionary Politics and Locke’s “Two Treatises of Government.” Princeton: Princeton
University Press, 1986.
Brock, Stephen Louis. “The Legal Character of Natural Law According to St. Thomas Aquinas.” PhD Diss.,
University of Toronto, 1988.
Crowe, Michael Bertram. The Changing Profile of the Natural Law. The Hague: Martinus Nijhoff, 1977.
Finnis, John. Aquinas: Moral, Political and Legal Theory. Oxford: Oxford University Press, 1988.
Goyette, John, Mark Latkovic, and Richard Myers, eds. St. Thomas Aquinas and the Natural Law Tradition:
Contemporary Perspectives. Washington, DC: Catholic University of America Press, 2004.
Hittinger, Russell. A Critique of the New Natural Law Theory. Notre Dame, IN: University of Notre Dame Press,
1987.
Rommen, Heinrich. The Natural Law. Trans. T.R. Hanley. St. Louis: Herder, 1947.
Rziha, John. Perfecting Human Actions: St. Thomas Aquinas on Human Participation in Eternal Law. Washington,
DC: Catholic University of America Press, 2009.
Schall, James V. Jacques Maritain: The Philosopher in Society. Lanham, MD: Rowman and Littlefield, 1998.
Simon, Yves R. The Tradition of Natural Law: A Philosopher’s Reflections. New York: Fordham University Press,
1965.
Strauss, Leo. Natural Right and History. Chicago: University of Chicago Press, 1953.
Tierney, Brian. The Idea of Natural Rights. Grand Rapids, MI: Eerdmans, 1997.
Zuckert, Michael P. Natural Rights and the New Republicanism. Princeton: Princeton University Press, 1994.
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Some additional recent scholarly books on natural law:
Budziszewski, J. The Line Through the Heart: Natural Law as fact, Theory, and Sign of Contradiction.
Wilmington, DE: ISI Books, 2009.
George, Robert P., ed. Natural Law Theory: Contemporary Essays. Oxford: Clarendon Press, 1992.
George, Robert P., ed. Natural Law, Liberalism, and Morality. Oxford: Clarendon Press, 1996.
Hittinger, Russell. The First Grace: Rediscovering the Natural Law in a Post-Christian World. Wilmington, DE:
ISI Books, 2003.
Levering, Matthew. Biblical Natural Law. Oxford: Oxford University Press, 2008.
Murphy, Mark C. Natural Law and Practical Rationality. Cambridge: Cambridge University Press, 2001.
Murphy, Mark C. Natural Law in Jurisprudence and Politics. Cambridge: Cambridge University Press, 2006.
Rhonheimer, Martin. Natural Law and Practical Reason: A Thomist View of Moral Autonomy. Trans. Gerald
Malsbary. Fordham: Fordham University Press, 2000.
Two important ecclesiastical statements
John Paul II. Encyclical Letter Veritatis Splendor (The Splendor of Truth). 1993.
International Theological Commission. “The Search for Universal Ethics: A New Look at the Natural Law.”
2009. This document has been published by the Vatican in French and Italian only, but there is an
unofficial English translation by Fr. Joseph Bolin available on-line at this URL:
http://www.pathsoflove.com/universal-ethics-natural-law.html
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