Any attempt to summarize and compare theories of natural law from the
early twentieth century to the present day inevitably becomes entangled
in the debates between the theories themselves. Nevertheless, it is
illuminating to see contemporary theories of natural law as falling into
two general categories:
- Neo-Thomism
- The Grisez, Finnis and Boyle Theory
Neo-Thomism is the vigorous and complex revival of the thought of the
thirteenth century Dominican theologian St. Thomas Aquinas, who is
perhaps the paradigmatic natural law thinker. The most important source
of the neo-Thomist revival was Pope Leo XIII’s 1879 encyclical letter Aeterni patris,
in which Leo called for the rejuvenation of Christian philosophy and
proposed St. Thomas Aquinas as its exemplar. In the decades following
Leo’s call, neo-Thomism coalesced into a number of contrasting schools
that emphasized different aspects of Aquinas teaching, or focused on
meeting the challenges of different modern philosophers such as Kant or
Husserl. Key early figures in neo-Thomism are Reginald
Garrigou-Lagrange, Charles De Koninck, Joseph Maréchal, Etienne Gilson,
and Jacques Maritain. All of these figures were Catholics and most were
clerics; concern for the natural law was just a part of their concern
for elaborating a comprehensive philosophy and theology.
Garrigou-Lagrange presented a Thomism that was indebted to the
Scholastic commentary tradition; De Koninck emphasized Aquinas’
Aristotelianism; Maréchal reworked Aquinas to engage Kant and Descartes;
Gilson and Maritain stressed, in different ways, the priority and
distinctiveness of Thomistic metaphysics.
Maritain’s work on the natural law had the greatest influence on
American thought. He taught in the United States during and after the
Second World War and was involved in politics at high levels (in
particular the drafting of the UN Declaration of Human Rights). In some
respects Maritain’s political writings anticipated the work of Harvard
philosopher John Rawls. More recent figures who have developed
neo-Thomism with a more exclusive focus upon natural law include:
Russell Hittinger, J. Budzisewski, Ralph McInerny, Henry Veatch, and
Martin Rhonheimer. With the exception of Veatch, these neo-Thomists
also self-consciously work within the Catholic tradition.
Another, although smaller and less well-defined, strand of
neo-Thomism originated in Anglophone philosophy with the work of Peter
Geach, Anthony Kenny, G. E. M. Anscombe, Herbert McCabe, Alan Donagan,
Mark C. Murphy, Eleonore Stump, Anthony Lisska, and Alasdair MacIntyre.
Although these thinkers have been influenced by the Catholic mainstream
of neo-Thomism, many of their preoccupations and concerns are native to
the analytic philosophical tradition that arose with Frege, Russell,
and Wittgenstein. Many of the ‘analytic’ neo-Thomists, in particular
MacIntyre, have made important contributions to contemporary moral
theory. The relationship of these contributions to the natural law
tradition is contested, however, because they are often framed in terms
of “virtue theory,” and the compatibility of an ethic of virtue with a
morality of law is a debated issue.
The second category of contemporary theories is the version of
natural law theory developed in collaboration among Germain Grisez, John
Finnis, and Joseph Boyle. It can be seen as part of the broader
neo-Thomist revival, but also as friendly opposition to it. The Grisez,
Finnis, and Boyle theory is inspired by Aquinas, but is ultimately a
novel philosophical enterprise that rejects central tenets of Aquinas’s
thought, and is noteworthy for its systematic character and engagement
with practical moral questions. The theory emphasizes the priority of
practical knowledge, as opposed to speculative knowledge of nature, in
moral theory. Other collaborators in the Grisez, Finnis, and Boyle
project include Robert P. George, Patrick Lee, and Christopher
Tollefsen.
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