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Should we recognise that “laws of nature” extend to laws of our human nature? (Which, would then frame civil law.)

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Laws of Nature are a key part of the foundation of modern science. This reflects not only natural, law-like regularities such as the Law of Gravitation that promotes the Earth to the heavens (from being the sump of the cosmos) but also the perspective of many founders that they were thinking God’s creative, ordering providential and world-sustaining thoughts after him. The focal topic asks us whether our civil law is effectively an accident of power balances, or else, could it be accountable to a built in law that pivots on first duties coeval with our humanity.

The issue becomes pivotal, once we ponder the premise that the typical, “natural” tendency of government is to open or veiled lawless oligarchy:

So, let us hear Cicero in his On The Republic, Bk 3 [c. 55 – 54 BC]:

{22.} [33] L . . . True law is right reason in agreement with nature , it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment. . . . – Marcus Tullius Cicero, On the Republic, Bk 3

This, of course, is further reflected in his De Legibus, which lays out a framework:

With respect to the true principle of justice, many learned men have maintained that it springs from Law. I hardly know if their opinion be not correct, at least, according to their own definition; for “Law (say they) is the highest reason, implanted in nature, which prescribes those things which ought to be done, and forbids the contrary.” This, they think, is apparent from the converse of the proposition; because this same reason, when it [37]is confirmed and established in men’s minds, is the law of all their actions.

They therefore conceive that the voice of conscience is a law, that moral prudence is a law, whose operation is to urge us to good actions, and restrain us from evil ones.

We see in the Angelic Doctor, a broadening of the framework, elaborating four domains of law:

Thus, following Aquinas, we can see that arguably there is an intelligible core of law coeval with our responsible, rational, significantly free nature. This built-in law turns on inescapable, thus self-evident truths of justice and moral government, which rightly govern what courts may rule or parliaments legislate, per the premise of justice moderated by requisites of feasible order in a world that must reckon with the hardness of men’s hearts. Where, we are thus duty bound, morally governed creatures.

Hence, we come to the sense of duty attested to by sound conscience [“conscience is a law”], that breathes fire into what would otherwise be inert statements in dusty tomes. We may term these, by extension, the Ciceronian First Duties of Reason:

FIRST DUTIES OF RESPONSIBLE REASON

We can readily identify at least seven inescapable first duties of reason. “Inescapable,” as they are so antecedent to reasoning that even the objector implicitly appeals to them; i.e. they are self-evident. Namely, duties,

1 – to truth, 

2 – to right reason, 

3 – to prudence, 

4 – to sound conscience, 

5 – to neighbour; so also, 

6 – to fairness and

7 – justice 

x – etc.

[I add, Mar 12, for clarity:] {Of course, there is a linked but not equivalent pattern: bounded, error-prone rationality often tied to ill will and stubbornness or even closed mindedness; that’s why the study of right reason has a sub-study on fallacies and errors. That we seek to evade duties or may make errors does not overthrow the first duties of reason, which instead help us to detect and correct errors, as well as to expose our follies.}

Such built-in . . . thus, universal . . . law is not invented by parliaments, kings or courts, nor can these principles and duties be abolished by such; they are recognised, often implicitly as an indelible part of our evident nature. Hence, “natural law,” coeval with our humanity, famously phrased in terms of “self-evident . . . rights . . . endowed by our Creator” in the US Declaration of Independence, 1776. (Cf. Cicero in De Legibus, c. 50 BC.) Indeed, it is on this framework that we can set out to soundly understand and duly balance rights, freedoms and duties; which is justice, the pivot of law.

The legitimate main task of government, then, is to uphold and defend the civil peace of justice through sound community order reflecting the built in, intelligible law of our nature. Where, as my right implies your duty a true right is a binding moral claim to be respected in life, liberty, honestly acquired property, innocent reputation etc. To so justly claim a right, one must therefore demonstrably be in the right.

Where, prudence can also be seen via Aristotle’s summary:  “. . . [who aptly] defined prudence as recta ratio agibilium, ‘right reason applied to practice.’ The emphasis on ‘right’ is important . . .  Prudence requires us to distinguish between what is right and what is wrong . . . If we mistake the evil for the good, we are not exercising prudence—in fact, we are showing our lack of it.”

Of course, we just saw a 400+ comment thread that saw objectors insistently, studiously evading the force of inescapability, where their objections consistently show that they cannot evade appealing to the same first duties that they would dismiss or suggest were so obscure and abstract that they cannot serve as a practical guide. The history of the modern civil rights movement once the print revolution, the civilisational ferment surrounding the reformation and the rise of newspapers, bills, coffee houses etc had unleashed democratising forces speaks to the contrary. The absurdity of appealing to what one seeks to overthrow simply underscores its self evidence. But free, morally governed creatures are just that, free. Even, free to cling to manifest absurdities.

This approach, of course, sharply contrasts with the idea that law is in effect whatever those who control the legal presses issue under that heading; based on power balances and so in effect might and/or manipulation. Aquinas’ corrective should suffice to show that not all that is issued under colour of law is lawful, or even simply prudent towards preserving order in a world of the hardness of men’s hearts.

Yes, obviously, if we are governed by built-in law, that raises the question that there is a cosmic law-giver, qualified to do so not by mere sheer power but also by being inherently good and utterly wise. Such a root of reality also answers the Hume Guillotine and the Euthyphro dilemma: an inherently good and utterly wise, necessary and maximally great being root of reality would bridge IS and OUGHT in the source of all reality and would issue good and wise, intelligible built-in law.

What of Mathematics? The answer is, of course, that a core of Math is inherent in the framework of any possible world. So, this would extend that core of Math tied to sets, structures and quantities expressed in N,Z,Q,R,C,R* etc to any actual world. That answers Wigner’s puzzlement on the universal power of Math and it points to, who has power to create an actual world in which we have fine tuning towards C-Chemistry, aqueous medium, cell based life? Likewise, it is suggestive on the source of the language and algorithms found in D/RNA etc.

Lest we forget, here is Crick, to his son, March 19, 1953:

So, we have come full circle, to law as expressing ordering principles of the dynamic-stochastic physical world and those of the world of intelligent, rational, morally governed creatures. Surprise — NOT — the design thesis is central to both. END

PS: As a reminder, the McFaul dirty form colour revolution framework and SOCOM insurgency escalator

U/D Feb 14: Outlines on first principles of right reason:

Here, we see that a distinct A — I usually use a bright red ball on a table:

and contrast a red near-ball in the sky, Betelgeuse as it went through a surprise darkening (something we observed separately and independently, it was not a figment of imagination):

. . . is distinct from the rest of the world. A is itself i/l/o its characteristics of being, and it is distinct from whatever else is not A, hence we see that in w there is no x that is A and ~A and any y that is in W will either be A or not A but not both or neither. These three are core to logic: P/LOI, LNC, LEM.

We may extend to governing principles that we have duties toward — never mind whoever may disregard such (and thereby cause chaos):

U/D March 13: The challenge of building a worldview i/l/o the infinite regress issue:

A summary of why we end up with foundations for our worldviews, whether or not we would phrase the matter that way}

Framing a ship:

. . . compare a wooden model aircraft:

. . . or a full scale, metal framework jet:

In short, there is always a foundational framework for any serious structure.

Comments
Marriage includes sex, and those others don't. I didn't say sex was not important. It's just not necessarily, at all times and conditions, primarily important. It plays a varying role in combination with those other factors that you mention.Viola Lee
March 15, 2021
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VL. "sex has been important" I think you are deliberately missing the point. "love, companionship, and sharing the ups and downs of life" These are not what define marriage. You can love your enemies. Two are better than one across the board. Sharing ups and downs is also for buddies, extended family, and counselors. Andrewasauber
March 15, 2021
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Yes, Kf has won. When the discussion has diverted to homosexuality and lions hunting the OP is now not in dispute.jerry
March 15, 2021
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Jerry @1060 Non-responsive. No credibility.Concealed Citizen
March 15, 2021
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Andrew “ Yes, that’s why its called the marital act. It’s about procreation of family according to natural order.“ Then I assume that you agree with ET that post menopausal women should not be allowed to get married. Is this correct?Steve Alten2
March 15, 2021
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Well, Asauber, I've been married for a number of decades, and yes, sex has been important, but I feel very strongly that love, companionship, and sharing the ups and downs of life have been in the long run of more importance, so I disagree with you.Viola Lee
March 15, 2021
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Yes or no?
Study ecology. It will answer your question. That someone would ask this question says more about the questioner than about the question being asked. Relevant to OP. When this is the line of questioning.
Kf has won!!!
Birds, bats, frogs, spiders and other insects eat mosquitoes. It shows these species have a nature. Good or not that they have a nature? This nature?jerry
March 15, 2021
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"Asauber, is a marriage between a man and a woman primarily about sex?" VL, Yes, that's why its called the marital act. It's about procreation of family according to natural order. Same-sex marriage is a pretense to camouflage Lord knows what. Andrewasauber
March 15, 2021
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Asauber, is a marriage between a man and a woman primarily about sex?Viola Lee
March 15, 2021
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Jerry @1054 Yes or no?Concealed Citizen
March 15, 2021
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"same-sex marriage is about much more than sex" VL, I don't accept that it is. It's primarily about sex. No doubt about it. Andrewasauber
March 15, 2021
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"Do you agree with killing innocent Canaanite babies just because Yahweh said so?" Off topic Andrewasauber
March 15, 2021
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A lion’s objective is survival. They kill gazelles to survive. Good? Or not?
What is the relevance of this? Are you now saying hunting is not natural when you just pointed to it as natural? I suggest you study ecology and come back. By the way, there are same species attacks that lead to death. I once watched a hippo attack another hippo in order to take over his harem. Extremely vicious. The harem also chose to attack the intruder. The intruder escaped but was very wounded. My guess is he didn’t survive.jerry
March 15, 2021
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And, Concealed Citizen, same-sex marriage is about much more than sex, and includes women as well as men. It's about love and life-long companionship. I don't think it furthers the conversation to focus on just one aspect of male sex.Viola Lee
March 15, 2021
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Absolutely not.
Of course you agree. Kf said nothing about specific religious doctrines. That you appeal to one is indicative that you agree. You tried to find an exception to what Kf said and your example is not one.jerry
March 15, 2021
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Jerry: An objective for humans is survival. A lion's objective is survival. They kill gazelles to survive. Good? Or not?Concealed Citizen
March 15, 2021
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asauber: “what is the Biblical support for homosexuality being a sin?” Leviticus 18:22 Do you agree with killing innocent Canaanite babies just because Yahweh said so? It's a yes or no answer.Concealed Citizen
March 15, 2021
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At 1042, Jerry writes, "By bringing up this example, I assume you agree 100% with Kf’s thesis. And now you are on to something else." Absolutely not. The "something else" is a real-world example of my thesis that we each have to use our reason and compassion to make moral judgments, and that no one, including the Pope and the Catholic Church, have some special access to the "naturally correct" answer. I believe the Catholic position is immoral, and fails under a number of KF's criteria for right reason: my conscience tells me it's wrong, and it is unfair and unjust to my neighbor.Viola Lee
March 15, 2021
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KF, So, if my goal is to explain my position to you, even when I am saying "you are wrong" and explaining something in contradiction to root-level oughts, I still ought form the letters and sequences of words rationally and coherently, using "right reason" (as best I can) to convey that meaning to you, and I still have to do it when I lie or mislead. Even if I am manipulating others emotionally, I have to apply, and ought apply, right reasoning in the attempt to do so. So, "right reasoning" is inherently implied regardless of what I'm doing or why I'm doing it, or else the attempt to attain my goal can't even get off the ground.William J Murray
March 15, 2021
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We are now into religious doctrines which all agree has nothing to do with OP. Especially specific ones. This could lead to 100,000 comments before its finished. I assume all now agree with the OP.jerry
March 15, 2021
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"what is the Biblical support for homosexuality being a sin?" Leviticus 18:22 Andrewasauber
March 15, 2021
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How could be destroyed a organisation? Simple, ushering your people to the leadership of that institution. From inside is the best way to destroy your "enemy". Anyway Catholic Church is not the real Church since 1054. The other side (from which Catholic Church splitted ) is the true christian Church: Eastern Ortodox Christian Church. All protestant,neo-protestant churches,sects are all the "children " of Catholic Church, all more and more far away from the Christ's Church. https://www.amazon.co.uk/Catholic-Spring-Wikileaks-Orchestrated-Benedict-ebook/dp/B07X294TZC
JVL Okay, what is the Biblical support for homosexuality being a sin? According to church doctrine what is a sin anyway?
:) You don't need Biblical support , you need only common sense . What is homosexuality for "end of digestive tract" is what is bulimia for stomach, going on the opposite direction on a one-way street. ;) PS: ...and smell like [you know what]Lieutenant Commander Data
March 15, 2021
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KF said:
WJM, the goal of logic, more properly, of right reason, is . . . manifestly . . . to have well warranted confidence that one’s conclusions are true, prudent, reliable, correct. KF
OMG!! I think I finally understand you and agree with you! You aren't talking about ultimate goals when you say "first duty," you're talking about the root-level steps you have to take to pursue any goal! First step: you have to identify the goal. This is an existential level ought, an inescapable duty that must precede any other thought or action towards the target goal. Just to have a goal you have to identify things - identity, excluded middle, non-contradiction.William J Murray
March 15, 2021
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"I think the Catholic Church is quite wrong here" VL, Great. But why? No explanation? That you don't accept it is not an explanation. Andrewasauber
March 15, 2021
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I say baloney
By bringing up this example, I assume you agree 100% with Kf’s thesis. And now you are on to something else.jerry
March 15, 2021
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Explaining their decision in a lengthy note on Monday, the Holy See referred to homosexuality as a “choice,” described it as sinful and said it “cannot be recognized as objectively ordered” to God’s plans. The stance is certain to disappoint millions of gay and lesbian Catholics around the world.
Can they still be recognised as Catholic if they disagree with church doctrine?
“The blessing of homosexual unions cannot be considered licit,” the Vatican’s top doctrinal office, the Congregation for the Doctrine of the Faith, wrote in the statement. God “does not and cannot bless sin,” the statement added.
Okay, what is the Biblical support for homosexuality being a sin? According to church doctrine what is a sin anyway?JVL
March 15, 2021
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Here is a real-world example in the news. I think the Catholic Church is quite wrong here, and I do not accept that some "natural law" philosophy or theology is right about this.
Rome (CNN)The Vatican said Monday that the Catholic Church would not bless same-sex unions, in a combative statement approved by Pope Francis that threatens to widen the chasm between the church and much of the LGBTQ community. Explaining their decision in a lengthy note on Monday, the Holy See referred to homosexuality as a "choice," described it as sinful and said it "cannot be recognized as objectively ordered" to God's plans. The stance is certain to disappoint millions of gay and lesbian Catholics around the world. "The blessing of homosexual unions cannot be considered licit," the Vatican's top doctrinal office, the Congregation for the Doctrine of the Faith, wrote in the statement. God "does not and cannot bless sin," the statement added.
I say baloney.Viola Lee
March 15, 2021
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WJM, the goal of logic, more properly, of right reason, is . . . manifestly . . . to have well warranted confidence that one's conclusions are true, prudent, reliable, correct. KFkairosfocus
March 15, 2021
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Jerry (attn WJM): yes, the list has been given in positive form starting with the OP and now also in negative form in the thread. From the OP:
We can readily identify at least seven inescapable first duties of reason. “Inescapable,” as they are so antecedent to reasoning that even the objector implicitly appeals to them; i.e. they are self-evident. Namely, duties, 1 – to truth, 2 – to right reason, 3 – to prudence, 4 – to sound conscience, 5 – to neighbour; so also, 6 – to fairness and 7 – justice x – etc.
The negative form, more or less is: >>ponder: is it acceptable to be habitually untruthful (or in error), illogical or unreasonable, imprudent, benumbed or warped in conscience, un-neighbourly, unfair and unjust, etc? The question answers itself! Now, ponder a second question: why is it so obviously unacceptable?>> Furthermore, >>objectors to such duties cannot but appeal to them to give their objections rhetorical traction, while also those who try to prove such cannot but appeal to the principles too. So, these principles are a branch on which we all must sit, including objectors and those who imagine they are to be proved and try. >> KFkairosfocus
March 15, 2021
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The first and, ultimately, only duty a sentient being can be said to have, is to enjoyment.
This is an example of someone who should go someplace else.jerry
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