Introduction
Natural law was first created by St Thomas Aquinas during the thirteenth century. His aim was to reconcile Christianity and Philosophy. He believed that everything had a telos, and when something/someone fulfils the goal of what it was designed to do, their telos can only be good. For example, when Humans fulfil their telos their life becomes one of happiness and flourishing. Aquinas says that good things are natural and bad things are not, then making a moral decision based on your natural instinct, has to be the right thing.
Aquinas uses a deontological theory and has five precepts, which he believed was God's purpose to follow them. These were:
1)To preserve innocent life
2)To maintain an orderly society
3)To worship God
4)To educate children
5)To reproduce children and continue the Human race
Aquinas uses a deontological theory and has five precepts, which he believed was God's purpose to follow them. These were:
1)To preserve innocent life
2)To maintain an orderly society
3)To worship God
4)To educate children
5)To reproduce children and continue the Human race
Arguments for and against The Death Penalty
Aquinas's first precept is, "to preserve innocent life." From killing a guilty person, you are following Aquinas's precept and staying away from "evil." It is preserving the life of the innocent by killing someone such as a murderer. Having involvement in The Death Penalty is also a way to earn money and it is a natural instinct to want to provide and shelter your family. This shows that Aquinas would believe that the Death Penalty was moral.
However:
The death penalty also violates some of Aquinas's precepts. By executing someone you are not preserving life but destroying it. You are unknown of what the person would do in the future and is a safer option to imprison them which preserves their life and the victims. Also, by executing or even imprisoning an offender, they are unable to follow the fifth precept, "to reproduce children and continue the Human race. The death penalty is used as an act of revenge, which Aquinas would say is unnatural and therefore wrong. Therefore Aquinas would believe the death Penalty is immoral.
However:
The death penalty also violates some of Aquinas's precepts. By executing someone you are not preserving life but destroying it. You are unknown of what the person would do in the future and is a safer option to imprison them which preserves their life and the victims. Also, by executing or even imprisoning an offender, they are unable to follow the fifth precept, "to reproduce children and continue the Human race. The death penalty is used as an act of revenge, which Aquinas would say is unnatural and therefore wrong. Therefore Aquinas would believe the death Penalty is immoral.
Positives and Negatives of Natural Law
One of the strengths of Natural Law is its straight forward method. It relates to all living beings . It emphasises Human rights and values Human life. Although, it does have some weaknesses. It forces you to follow a strict set of rules. His theory is also contradicted as many people are in prison for committing immoral crimes based on natural instinct. This could be due to the fact that they were mentally ill/challenged or were raised in an unsafe environment.
Conclusion
Natural Law is not justified as a reliable ethic when put in a situation like The Death Penalty. The first and second precept tell us that having the death penalty is a good idea where the fourth and fifth precepts tell us the opposite.