DESCRIPTION AND OBJECTIVES:

Natural law doctrines have a venerable place in both the history of philosophy and the contemporary philosophical community. The roots of what we now call "natural law" can be traced as far back as the ancient world in the writings of the Stoics, perhaps even Plato and Aristotle. Contemporary statements of natural law are among the most influential theories in philosophical ethics, and are also prominent in fields like theology and law.

Among natural lawyers, St. Thomas Aquinas holds a privileged place. He was not the first to articulate a natural law doctrine, nor was his statement the most elaborate; it has, however, been among the most influential. This influence has been due, in part, to a long Catholic tradition of defending natural law ethics in the face of other theories; but it has also been due to the elegance with which Thomas locates natural law within a much larger account of human actions and their place in the order of creation. Indeed, one of the major assets of Thomas's natural law doctrine is that it articulates a "philosophical" ethics within a "theological" understanding of God and the universe without compromising the integrity of either the philosophical or the theological enterprises.

In this seminar, we will examine Thomas Aquinas's natural law doctrine in some detail, considering both the so-called "treatise on law" and its larger doctrinal context within the Summa Theologiae. We will also examine several important works in the natural law "revival" of the twentieth century, considering both how Thomas's thought is a root of this revival and how natural law theory has adapted to the modern landscape. In particular, we will explore how modern disciplinary constraints imposed by the fields of philosophy, theology and legal scholarship have shaped the new natural law doctrine.

The objectives of this course will be simple. First, we will study Thomas Aquinas's account of natural law within its larger doctrinal context. Second, we will study the twentieth century revival of natural law ethics with an eye toward appreciating the influence of Aquinas's thought and the impact of modern disciplinary divisions. Third, and more generally, we will strive to cultivate the skills necessary for doing advanced philosophical scholarship with primary and secondary sources.
 

REQUIREMENTS:

I. Reading Responses: Each participant will contribute four reading responses to the seminar. A reading response should contain two components. First, the response should clearly state a question that emerges out of the assigned reading. This question might focus on the meaning of a particular text, the implications of a doctrine, the adequacy of a particular teaching, or what have you. Second, the response should begin to muster an answer to the question the commentator has raised. The response need not be definitive, but should represent an honest effort to address the question. These questions will be used to facilitate discussion at the beginning of each seminar meeting. Reading responses should be no longer than one page, and are to be submitted at the beginning of class on the days described in the schedule.

II. Research Presentation: Each participant will present an overview of his/her research project to the seminar during the final weeks of the course. This presentation should contain the following components: first, a description of the topic/question being investigated; second, a description of the sources being used (both primary and secondary); third, a discussion of the study's anticipated conclusions. A short, written "abstract" of the project should be distributed to the class during the presentation (<250 words). Time will be allowed for seminar participants to ask questions and provide feedback to the presenter. Presentations should last 15-20 minutes.

III. Major Essay: Each participant will produce a major essay focusing on some aspect of the seminar topic. Essays should engage with both primary and secondary sources, observing canons of scholarly citation (i.e., footnotes, bibliography, etc.). Participants with facility in foreign languages are encouraged to draw on scholarship written in those languages. Topics should be chosen in collaboration with the professor before April 4. Essays should be 30000-3750 words in length (app. 12-15 pages), not including notes. These papers will be bound to produce a volume of essays entitled Natural Law and the Thought of Aquinas; a copy of the volume will be made available to each seminar participant.

IV. Class Participation: Each participant will be expected to contribute actively in all meetings. To do so, participants must carefully read all assigned materials, prepare questions and/or comments on reading materials, and engage thoughtfully in seminar discussions.
 

EVALUATION:

Seminar grades will be determined according to the following formula:

Research Presentation (15%) + Major Essay (60%) + Class Participation (25%) = Final Grade

**Reading Responses will be graded only on an acceptable/unacceptable basis. Failure to submit four "acceptable" responses will result in a failing grade for the seminar.**

Two notes about grading. First, I use a traditional percentage scheme to record and calculate grades. Grading rubrics for each assignment are attached to this syllabus.

Second, any actions that can reasonably be placed under the broad rubric "cheating"-especially plagiarism-will be dealt with according to the college's policy on academic dishonesty. If you have questions about what counts as "cheating," ask me. If you need help with an assignment, ask me for assistance as soon as possible. I am here to help you succeed, but academic dishonesty will not be tolerated.
 

MATERIALS:

Thomas Aquinas. Treatise on Law. Ed. McInerny. Chicago: Washington, DC: Regnery, 1996.
                (excerpted from the Summa Theologiae)
Finnis, John. Natural Law and Natural Rights. Oxford: Oxford University Press, 1994.
Porter, Jean. Natural and Divine Law: Reclaiming the Tradition for Christian Ethics. Grand Rapids: Eerdmans, 1999.
McInerny, Ralph. Ethica Thomistica. Washington, DC: Catholic University of America Press, 1997.

**occasional photocopies**
 

SCHEDULE:
 

DATE	READING	ASSIGNMENT DUE
1. Tues., 2/12	Introduction: Thomas's Writings & the Structure of the Summa Theologiae
	An Overview of Thomas's Natural Law Doctrine:
2. Thurs., 2/14	ST 1-2.90-97
	The Context of Thomas's Natural Law Doctrine
3. Tues., 2/19	Faith and Reason: ST 1.1; ScG 1.1-9	Reading Responses, Group A
4. Thurs., 2/21	God's existence: ST 1.2	Reading Responses, Group B
5. Tues., 2/26	Providence and Predestination: ST 1.22-23	Reading Responses, Group C
6. Thurs., 2/28	Creation: ST 1.44-45	Reading Responses, Group D
7. Tues., 3/5	Human Nature: ST 1.79, 80, 81, 82, 83	Reading Responses, Group A
8. Thurs., 3/7	The good/happiness: ST 1-2.1.1,4,5,6,7;  1-2.2.8; 1-2.3.2,5,8; 1-2.4.7,8; 1-2.5.1,2,3,7,8	Reading Responses, Group B
9. Tues., 3/12	Human Action: ST 1-2.6,7,8,9,10,12, 18, 19 (*cf. Practical Reason: In NE 6, l.2; In DA 3, l.15-16; Synderesis: DV 16*)	Reading Responses, Group C
10. Thurs., 3/14	Virtue: ST 1-2.49, 55, 56, 57, 58, 61, 62, 65, 66	Reading Responses, Group D
11. Tues., 3/19	Old Law/New Law: ST 1-2.98, 100, 106 Grace: ST 1-2.109, 112	Reading Responses, Group A
12. Thurs., 3/21	Faith: ST 2-2.1-4	Reading Responses, Group B
EASTER/SPRING BREAK
	Natural Law in its Doctrinal Context
13. Tues., 4/2	ST 1-2.90-94	Reading Responses, Group C
14. Thurs., 4/4	ST 1-2.94-97	Reading Responses, Group D
	The "Revival" of Natural Law
15. Tues., 4/9	Finnis, Natural Law and Natural Rights	Reading Responses, Group A
16. Thurs., 4/11	Grisez et al.	Reading Responses, Group B
17. Tues., 4/16	McInerny, Ethica Thomistica	Reading Responses, Group C
18. Thurs., 4/18	cont.	Reading Responses, Group D
19. Tues., 4/23	Porter, Natural and Divine Law
20. Thurs., 4/25	cont.
21. Tues., 4/30		Presentations, Group A
22. Thurs., 5/2		Presentations, Group B
23. Tues., 5/7		Presentations, Group C
24. Thurs., 5/9		Presentations, Group D
25. Tues., 5/14	Writing Day
26. Thurs., 5/16		**Final Paper Due**

 

The following information is intended to provide you with an understanding of criteria I will be using when assessing your performance on each of the seminar requirements. These lists are not intended to be exhaustive; they should, however, provide you with a functional understanding of my thought process in evaluating your contributions to the seminar.

I. Reading Responses:

• Clearly state a question grounded in the assigned reading
• Attempt to produce a substantial answer to the stated question
• Reasonably well-written, observing normal academic protocols and assignment length

• Addresses the following components: research topic, sources to be used in the study, anticipated conclusions
• Oral communication is professional, clear and intelligent
• Written abstract conveys the relevant information clearly and articulately, observing word limit as well as rules of grammar

• Focuses on a significant question/topic
• Develops a clear, substantial and original thesis
• Uses sound argumentation to support the thesis
• Engages with primary source material in a sophisticated manner
• Engages with relevant secondary scholarship in a sophisticated manner
• Rules of grammar are carefully observed
• Writing style is clear and pleasant to read
• Provides proper documentation for all quotations and references
• Observes protocol for length of assignment

• Alert and attentive in lectures and discussions
• Comes to class prepared with questions and/or comments
• Contributes to discussion frequently
• Contributions to discussion are of substantial quality
• Class absences are minimal