Prof. Francis Beckwith discusses law without a lawgiver, exploring natural rights from a divine source, the relationship between natural rights and natural law, the controversy of Nuremberg Trials, exploring the nature of the moral law, and the source of natural moral law.
Natural rights stem from inherent individual rights beyond government control, emphasizing freedoms like speech and religion.
Natural law guides moral principles based on human nature, shaping virtues and influencing governmental laws for the common good.
Deep dives
The Relationship Between Natural Rights and Divine Source
Natural rights are rights that individuals inherently possess which governments are obligated to recognize. These rights, such as freedom of speech and religion, are considered positive rights that go beyond governmental authority. The connection between natural rights and divine source is explored, highlighting how concepts like freedom of speech are inherently good due to their ability to facilitate communication and foster positive outcomes like friendship.
Understanding Natural Law and Human Nature
Natural law refers to fundamental principles that humans are obliged to follow, often based on universal and immutable moral truths. Human nature serves as the foundation for recognizing these moral truths, such as virtues like courage. By reflecting on human nature's rational and emotional aspects, individuals can understand virtues and derive moral principles, influencing how governments create laws for the common good.
The Role of Natural Law in Influencing Positive Laws
Governments often base their laws on natural law principles to promote the common good. For instance, laws against murder or theft are derived from moral insights found in natural law. The application of natural law is evident in historical events like the Nuremberg trials, where laws against humanity drew upon natural law principles to justify prosecuting war criminals.
Critiquing Naturalistic Evolution in Morality
The podcast delves into critiques of naturalistic evolution theories regarding morals, such as those proposed by figures like Michael Ruse and E.O. Wilson. It questions the ability of such theories to fully explain moral motive and intent, the origin of moral beliefs, and the universality of moral intuitions. Additionally, the discussion emphasizes the need for a transcendent mind as the source of moral law, highlighting the limitations of evolutionary explanations in grounding moral principles.
This lecture was given on October 29, 2020 to Texas A&M University.
For more information on upcoming events, visit our website at www.thomisticinstitute.org
About the Speaker:
Francis J. Beckwith is Professor of Philosophy & Church-State Studies at Baylor University, where he also serves as Associate Director of the Graduate Program in Philosophy. Among his over one dozen books are Defending Life: A Moral and Legal Case Against Abortion Choice (Cambridge University Press, 2007), Politics For Christians: Statecraft As Soulcraft (IVP, 2010), and Taking Rites Seriously: Law, Politics, and the Reasonableness of Faith (Cambridge University Press, 2015), winner of the American Academy of Religion's prestigious 2016 Book Award for Excellence in the Study of Religion in Constructive-Reflective Studies. He is a graduate of the Washington University School of Law, St. Louis (MJS) as well as Fordham University (PhD, MA, philosophy).
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