Slightly to my own surprise I haven't written anything about "natural law theory"; in part this is because it is hard to know exactly what it is. Wiki has a decent intro:Natural law is a philosophical and legal theory that posits the existence of inherent laws derived from nature and universal moral principles that are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be universally understood, independent of enacted laws or social norms. In jurisprudence, natural law holds that there are objective legal standards based on morality that underlie the creation, interpretation, and application of human-made laws. This contrasts with positive law which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles.
But if you read on into the article, you'll discover a major problem: that although people are content to witter on about the theory, they are very short on actual things that are natural laws - with the noble exception of Hobbes1; but sadly not everyone agrees with Hobbes.
To return to my starting point, the normally sensible ACX, which says I have to admit that [Bentham’s Bulldog’s] Natural Law Theory Is Obviously False is either pretty devastating.... But the linked article begins "The core claims of natural law theory are something like: (1) Morality is solely concerned with one’s own happiness..." which is wrong3. A possible, though misleading, reading of NLT could be that it is ultimately concerned with happiness, in the sense that it eschews teleology4; it is after all trying to do without a god to prescribe means and therefore the god cannot prescribe the ends either. But even on that reading it is not about individual happiness; it is about flourishing - a better word than happiness - of society as a whole; it is therefore intrinsically interested in interactions, as it must, to be capable of talking about morality or law.
I said that NLT is pretty thin on examples; the few it gives, such as not-killing and not-stealing fall into the do-no-harm paradigm from The Righeous Mind or better from The Foundations of Morality, which supersedes NLT. But Aquinas thinks that drunknenness is NLT-wrong, and so we see how people tend to read into it whatever their own prejudices demand2.
Notes
1. We might do well to recall some of Hobbes' reading: The fourth law is "that a man which receiveth benefit from another of mere grace, endeavour that he which giveth it, have no reasonable cause to repent him of his good will. ... The breach of this law is called 'ingratitude'". The fifth law is complaisance: "that every man strive to accommodate himself to the rest. ... The observers of this law, may be called 'sociable' ...; the contrary, 'stubborn', 'insociable', 'forward', 'intractable'." The sixth law is "that upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it. The seventh law is "that in revenges, ... men look not at the greatness of the evil past, but the greatness of the good to follow. The eighth law is "that no man by deed, word, countenance, or gesture, declare hatred or contempt of another. The breach of which law is commonly called contumely." The ninth law is "that every man acknowledge another for his equal by nature. ... The breach of this precept is 'pride'." The tenth law is "that at the entrance into the conditions of peace, no man require to reserve to himself any right which he is not content should be reserved to every one of the rest. ... The observers of this law are those we call 'modest', and the breakers 'arrogant' men."
2. I should probably expand on that a little. The theory of NLT is that we can reason out what morality and the law should be. This is nice, but isn't really true. Eventually we realise that, by "reason", we're really reconstructing the do-no-harm morality that is shared; and is shared because it is necessary to construct a working society; and when we say "reason" we are consciously or not mostly reading from the examples we have before us and in our books, not constructing ab initio. And see Gemini in Meta.
3. BsB replies "But I quoted one of the main defenders who gave this characterization!". I'm not sure what quote he means, but this reply is either disingenuous, naive or dumb: the problem being that there are a zillion writers on NLT; you can't just pick one and claim they represent NLT. But see-also my Postscript "speculation on Catholic NLT" below. Minor: in the first published version of this post I wrong "drivel" instead of "wrong". That was rather harsh, and in view of my Postscript not really sustainable.
4. See Gemini's critique in "Meta" below.
Moah
I guess I should continue on and analyse BsB's post a little more. After all, perhaps his initial errors aren't fatal to the rest of his analysis. I note firstly that his post is full of "NLT says..." but there are no separate refs for any of these claims. My suspicion is that he is mostly reading the Left Footers, but you cannot equate NLT with them. Or should I be taking "in a debate came from friend of the blog Dustin Crummett in his debate vs Brian Besong" as his ref? In which case, his whole take is confused, because he isn't talking about NLT, he is talking about BB-NLT; down at point 5, BB is essentially outed as a LF.
1 At its core, NLT is egoistic. But egoism isn’t right. So natural law theory is false. As noted above, NLT isn't egoistic, so this fails.
2 NLTists think that happiness is about proper functioning. Actually, as noted above, it would be close to say that NLT is about proper functioning, or flourishing, than happiness. So this point is irrelevant.
3. Natural law theory suggests that misusing a faculty is absolutely wrong—you should never do it for any reason. I don't think NLT does assert this. He provides no refs - as noted above - so we're at a bit of an impasse.
4. The natural law theorist says it’s wrong to have gay sex, masturbate, or use contraception because doing so misuses your sexual faculty. This definitely confuses the LF views with NLT. I have no interest in defending them. Obvs, "true" NLT does not forbid anything that affects only consenting adults in private; also obviously, previous moralities have forbidden gay sex; also obviously, people have - as noted above re drunkenness - read stuff they dislike into NLT.
5. What’s supposed to be good about natural law theory? Brian’s core motivation for natural law theory seems to be that it supposedly gets the right verdicts about certain absolutely prohibited sex acts: incest, bestiality, necrophilia, pedophilia, etc. These are supposed to be non-procreative and thus wrong. Hmm, so maybe this entire silliness is driven by "Brian"'s view, which BsB has mistaken for NLT. Obviously, non-procreative sex is fine, the only people who think otherwise are the said LFs.
Meta
Once again, I fed my post into Gemini. This time, it insisted that it couldn't read the URL, even though I told it that it could; eventually I just cut-n-pasted the text. And we get:
Bottom Line: The post is a sharp, pragmatic piece of philosophical housecleaning. The author successfully demonstrates that the linked ACX/BsB critique was attacking a hyper-specific, conservative Catholic version of Natural Law ("BB-NLT") rather than the broad tradition itself. However, in "saving" Natural Law, the author strips it of its defining feature (teleology) and essentially turns it into evolutionary game theory—effectively proving their own underlying premise: once you strip away religious prejudice from Natural Law, all that remains is practical, harm-reducing social utility.
Well, I like that, but I would, wouldn't I? But what about:
Weaknesses & Misconceptions in the Post: Misunderstanding NLT's Relationship to Teleology: The author claims NLT "eschews teleology; it is after all trying to do without a god..." This is historically and philosophically backward. Traditional NLT (Aristotelian/Thomistic) is fundamentally teleological—it rests entirely on the idea that human organs, faculties, and societies have inherent teloi (ends or purposes). If you remove teleology, NLT usually collapses into standard rule-utilitarianism or social contract theory—which seems to be what the author actually prefers.
(note I have reformatted). I'm not desperately attached to the teleology point: what I mean is, the purpose of life is not "make your god happy" it is "flourish". But I don't think contemporary (defenders) need to accept A/T views on organs. Gemini also says:
The "Do-No-Harm" Equivalence Fallacy: In Note 2, the author asserts that "reasoning" out NLT is just reconstructing the do-no-harm morality required to construct a working society. While true for Hobbes, classical NLT explicitly distinguishes itself from mere harm minimization: it claims that some actions are wrong because they violate human flourishing, even if no direct third-party harm occurs. By collapsing NLT into Jonathan Haidt’s "Do No Harm" paradigm or Hazlitt's Foundations of Morality, the author isn't explaining NLT—they are replacing it with Utilitarianism/Evolutionary Psychology.
It is at least half correct: NLT is indeed about flourishing, so contains that as a positive concept. But "harm minimization" smacks of utilitarianism, which NLT isn't. "harm avoidance", which Gemini could have used instead, doesn't have that problem. But does NLT reasonning actually lead to any positive prescriptons? Gemini offers me "Cultivate knowledge, truth, and intellectual growth" is kinda fair enough so I could give it that; I doubt it is profitable to argue the point; and this doesn't differ from Hazlitt.
Postscript: speculation on Catholic NLT
In retrospect, assuming we're all intelligent beings here, it is necessary to find some reason why anyone would believe that "The core claims of natural law theory are something like: (1) Morality is solely concerned with one’s own happiness". Let's firstly substitute "flourishing" for "happiness", and we're left with the puzzle of why NLT should be concerned with the individual; or (per point 1 in Moah), be egotistical. The answer I think is the Catholic - and perhaps Christian, and perhaps religious in general - focus on perfecting one's own soul. The dialogue between you and the Church is about you; the Church will deal with societal-wide effects. You are required to improve yourself, to suppress defects, to polish virtues, and so on. In this context it is natural not to talk much of others.
There's another strand to this, which relates to the "how can atheists be moral" canard, whereby the religious who believe that bad people go to Hell and therefore people are frightened into behaving well in this life, can believe that if you don't believe in Hell you have no reason to be moral. This fails, of course, for the standard reasons (see e.g. Hazlitt: behaving well is good for you too, in the long term). But it does mean that their thinking doesn't emphasise the reciprocal-benefits stuff that the non-religious are obliged, correctly, to emphasise in their theory. And so, once again, the Catholic version is liable to look egotistical. Aquinas for example forbids theft, even if that theft brings happiness or flourishing to the thief. In explaining the prohibition to the Novice, big A is liable to assert that (a) god will punish you later; and (b) even ignoring that, you won't "really" flourish because you'll damage your soul. But (b) is never very convincing. The non-religious version is that society / morality forbids theft because permitting it would be intolerable; but we all recognise that in certain circumstances individuals can genuinely gain (immorally) from theft.
















