By: Dr. J. P. Hubert
Once upon a time it was part of conventional wisdom--based as it was in the "golden rule ethic" that "picking a fight" was immoral--whether by nation states or individuals. This moral tenet flowed from the first and second principles (of right reason) of the Natural Law: 1) do good/avoid evil and 2) treat your neighbor fairly--summarized by "do unto others as you would have them do unto you."
When/where the golden rule ethic still reigned, it was understood that even though one could legitimately defend oneself against aggression, it was always and everywhere morally wrong to instigate hostilities. That is to say, it is always morally licit to defend against aggression but never to cause it.
Several fundamental underlying assumptions are basic to understanding the “golden rule” as it is applied to war.
First,in traditional (scholastic) moral philosophy one assumes that human nature is fixed and not changing that is to say, all human beings are deemed to be of equal worth and their essence (nature or quiddity [what-ness]) is constant i.e. unchanging.[1] For the unlikely few who would object, it is important to note that there is no empirical (scientific) data to suggest that human nature is changing—cumulative evidence establishes the opposite (man remains the same "fallen creature" he has always been in spite of our modern scientific and technological accomplishments). Of course Divine Revelation calls for a fixed human nature as well.[2] Thus there are no defensible bases on which to assert that all human beings are not of equal worth which do not reduce to vacuous claims of unwarranted entitlement.
While a “fixed human nature” may conflict with what radical Darwinists who embrace metaphysical naturalism may propound, such a view is a philosophical not scientific notion and an incoherent one at that. The very notion that it would be possible to determine right and wrong--if human nature is constantly changing—is pure fantasy. Only if human nature is fixed does it become possible to hold that right and wrong in the moral sense exists or is discernible. If human nature is evolving; then right and wrong is evolving as well—a situation which is unintelligible. Under such a circumstance, virtually any behavior is justifiable since it can be effectively argued that some people are more evolved than others and therefore their behavior no matter how apparently objectionable is also acceptable. This leads to complete social Darwinism—survival of the fittest where “might” alone “makes right”—a prescription for total moral anarchy.
Second, any moral philosophy worthy of the name must include the notion of universality—that is, its moral tenets must be applicable to all human beings—a reality which flows from the existence of a fixed human nature (anthropology). If this is not the case, it becomes impossible to determine right and wrong at all. Identical behavior(s) can be considered morally acceptable by one person and not another or by one nation but not another simply by refusing to apply the relevant moral principles universally. What otherwise would always and everywhere be wrong for example might be right for some but wrong for others simply because of who it is that is performing the moral calculus in question--an example of the complete moral relativism which is so common in our age--nevermind the fact that it is contradictory (self-referentially absurd). Under these unfortunate circumstances, “intent” is allowed to become controlling since it can make behavior which is obviously wrong appear justifiable. Such a situation is very common in contemporary International Relations where the classical tripartite Aristotelian/Thomistic synthesis (means, ends, and circumstances) that is, moral calculus has been abandoned for rank Utilitarianism—too often resulting in obvious moral injustices.
Starting with the Bush administration in the wake of the September 11, 2001 attacks, the United States discarded a 2000+ year old golden rule ethical proscription against starting wars of aggression in which only legitimate defense not offense was understood to be acceptable—i.e. defensive war as a last resort only! It is difficult to overestimate just how radical this notion is. Particularly troublesome is the fact that the attacks themselves--in the words of Osama bin Laden--were the result of perceived immoral behavior on our part--the unilateral support of Israel over the Palestinian Arabs including our dismissal of their terrible plight and our garrisoning of US forces in the Holy Lands of Mecca and Medina; apparently contrary to the teachings of the Prophet Mohammed among other things.
While the intentional killing of innocent human beings (as occurred on 9/11) can never be morally justified, it would be foolish of us not to recognize that our behavior abroad can have disastrous consequences when we fail to consider our actions in terms of the two principles outlined above. That is to say; Palestinian Arabs are unwilling to accept that their lives are not worth as much as are Israelis and rightfully so since all human beings by virtue of their fixed human nature are equally valuable--by first principles if any are valuable at all. For Theists and particularly Christian Theists this is axiomatic of course because man is created in the image of God (Imago Dei). Moreover, we would by the principle of universality detest the stationing of foreign troops on our land and thus the fact that Muslim Arabs do as well is completely understandable. To suggest otherwise is irrational and or dishonest in the extreme.
For anyone to allege that the use of nuclear weapons in an offensive manner could under any conceivable set of circumstances be morally licit (Hillary Clinton, Barack Obama and John McCain all have done so) is to completely depart from the golden rule ethic which has governed humanity for over 2 millennia. By their very nature, both strategic and tactical nuclear weapons intentionally kill innocent human beings. This is virtually 100% certain from an objective perspective and therefore provides the moral certitude required in performing the relevant moral calculus. Under no circumstances can nuclear weapons be used offensively. Moreover, it is extremely doubtful that they could ever be utilized defensively either due to the fact that they invariably would be associated with the killing of innocent non-combatants.[3] While conventional weapons are potentially useable in a morally licit way (for defensive purposes only), from a moral perspective, it is clear that the use of nuclear weapons under any set of circumstances is morally prohibitive due to the moral certitude that doing so always results in the intentional killing of innocent human beings and in tremendous numbers.
We have over the past 7+ years in a sense crossed the Rubicon where the waging of war is concerned, meaning we have stepped over the “red-line.” It has now become acceptable ala the “Bush Doctrine” to instigate offensive wars of aggression based on nothing more than a probability calculation that a given country might someday under certain imagined circumstances represent an actual or imminent threat to American national security or survival. This cannot be justified or accepted when subjected to rational/traditional (scholastic) moral philosophical precepts and must be rejected by all human beings of good will.
ENDNOTES:
[1] This in no way means that all human beings have equal talents and abilities.
[2] All the major Theistic belief systems ascribe to this view.
[3] It is impossible for the author to see how such a use could avoid the mass intentional killing of innocent human beings. It is not legitimate to argue that such killing would represent so-called “collateral damage “since it would be completely foreseeable and thus avoidable.
A blog which is dedicated to the use of Traditional (Aristotelian/Thomistic) moral reasoning in the analysis of current events. Readers are challenged to reject the Hegelian Dialectic and go beyond the customary Left/Right, Liberal/Conservative One--Dimensional Divide. This site is not-for-profit. The information contained here-in is for educational and personal enrichment purposes only. Please generously share all material with others. --Dr. J. P. Hubert
Showing posts with label Universality. Show all posts
Showing posts with label Universality. Show all posts
Monday, February 11, 2008
Thursday, January 24, 2008
"Principle of Utility" Justifies Offensive Nuclear Attack
Editorial Opinion by Dr. J. P. Hubert
If anyone requires further evidence that rank Utilitarianism has become the prevailing ethic in the developed West--look no further. In a paper prepared for the Nato summit in April by five top military leaders the following recommendation is made: “The first use of nuclear weapons must remain in the quiver of escalation as the ultimate instrument to prevent the use of weapons of mass destruction.” see HERE...
Talk about moral relativism. Where is the evidence that these men understand the principle of universality which is part and parcel of every legitimate moral philosophy? What about the categorical imperative of Kant--only do those acts which you would be willing to see universalized? Where is the assurance that these military experts understand the first and second principles of the Natural Law; do good/avoid evil and treat your neighbor fairly? What possible moral philosophy could these individuals have employed other than the principle of utility as applied under a Utilitarian construct? Apparently for them virtually any "means" whether inherently immoral or not can be applied in the pursuit of an identified "end."
The first use of nuclear weapons is an immoral means for the accomplishment of any conceivable end since it involves purposely targeting innocent human beings--non-combatants. This makes it immoral under Just War Doctrinal principles period as well as under international Law (waging "Total War" is a war crime). Under traditional (golden-rule ethic) Aristotelian/Thomistic moral philosophical precepts, one must never intentionally kill the innocent. Offensively detonating a nuclear bomb under any and all circumstances, tactical or strategic involves choosing to intentionally kill the innocent (the object rationally chosen or "means") and it is gravely immoral.
In fact it is highly dubious whether one could ever detonate a nuclear bomb in a defensive capacity either, due to the predictable (and thus intentional) nature involved in the killing of innocents. Such an eventuality could not be termed unintended in the sense of "collateral" damage which refers only to those inadvertent and unintended deaths of non-combatant civilians in time of war which are unforseeable. If large loss of civilian life is virtually certain (that is, one possesses moral certitude), the planned military maneuver is clearly immmoral.
I include the following additional analysis which was posted previously as a NOTE on this topic see THIS...
Having personally lived through the Cuban Missile Crisis it is inconceivable to me that supposedly intelligent military leaders could recommend the use of offensive nuclear weapons in an attempt to prevent further nuclear proliferation and other weapons of mass destruction. There are several insurmountable problems with their analysis.
First, it is not true that "there is simply no realistic prospect of a nuclear-free world" as the 5 author's have maintained. The original nuclear weapons state (NWS's) nations (China, USSR [now Russia], France, United States and Great Britain) which signed the NPT have through lack of leadership and good will failed to meet their treaty obligations to progressively disarm their nuclear arsenals. Yet, they continue to insist that non-nuclear weapon state (NNWS's) countries must not attempt to develop them. NNWS nations legitimately wonder why they should be held to their NPT obligation not to develop nuclear weapons when the original 5 NWS's refuse to abide by theirs.
The NWS's by some unknown "right" (perhaps might makes right) also insist that those NNWS countries which did not sign the NPT must also refrain from doing so. This is rank hypocrisy of the worst sort. Moreover it is clear that some NWS's have further violated their NPT related obligations by assisting other nations who were not part of the original NWS's to obtain them including Israel, Pakistan, India and North Korea. Obviously, the original NWS's have made no realistic attempt to either progressively disarm (certainly not in the past 20 years) or to otherwise abide by their NPT stipulated agreement not to provide nuclear weapons technology to NNWS nations.
Second the 5 military authors who produced the latest radical manifesto have also committed a grievous error in logic. It is contradictory (violates the law of non-contradiction) in the extreme to purport that the best way to prevent an actual phenomenon from occurring is to in fact make it occur. Nuclear weapons proliferation is held to be disadvantageous because it is thought to increase the risk (likelihood) that nuclear weapons will be utilized; particularly offensively--a universally recognized and abhorrent historical reality based upon their first use by the United States against the Japanese. If that were not the case there would be no morally legitimate reason to limit proliferation.
Third, many nations already have nuclear weapons which are associated with some finite risk of use albeit perhaps incalculable quantitatively. Should nuclear weapons be used to stop a nation state from developing them, what does this say? It indicates that the use of nuclear weapons in an offensive manner is justifiable under some circumstances. Not only does it violate Just War Doctrinal principles it makes legitimate that which it is attempting to make illegitimate--the use of offensive nuclear weapons--whether by a nation state or a terrorist organization. Put another way, it says "do what we say not what we do simply because we say so." Those NNWS can legitimately reply, "you are hypocritical in the extreme. Why should you be the only ones to have nuclear weapons--you aren't even willing to disarm the huge arsenals you already have and agreed to reduce and yet you insist that we cannot even have one? How unjust of you."
Perhaps even more troubling to me is the idea that so many human beings including the top tier candidates for President in both US political parties are willing to consider the use of nuclear weapons offensively. This is a most disturbing development. It demonstrates that the so-called Bush doctrine of preventive war has become normalized despite its being completely incompatible with international law, Just War Doctrinal principles and traditional moral precepts.
Too many people seem to have lost sight of just how truly awful it is to detonate even one nuclear weapon. I suggest that everyone read or re-read the accounts of those who documented the carnage and human suffering after the Hiroshima and Nagasaki nuclear bombings. The genetic and medical complications alone are still being felt to this day. The deleterious effects of radioactive fallout and possible complete fouling of the earth's atmosphere/environment were these hideous weapons to be utilized demands that they never be used again. There is no guarantee that--should even one tactical nuclear warhead be detonated--it would not result in WWIII. The resulting nuclear Armageddon and nuclear Winter would be capable of destroying all life on earth.
If anyone requires further evidence that rank Utilitarianism has become the prevailing ethic in the developed West--look no further. In a paper prepared for the Nato summit in April by five top military leaders the following recommendation is made: “The first use of nuclear weapons must remain in the quiver of escalation as the ultimate instrument to prevent the use of weapons of mass destruction.” see HERE...
Talk about moral relativism. Where is the evidence that these men understand the principle of universality which is part and parcel of every legitimate moral philosophy? What about the categorical imperative of Kant--only do those acts which you would be willing to see universalized? Where is the assurance that these military experts understand the first and second principles of the Natural Law; do good/avoid evil and treat your neighbor fairly? What possible moral philosophy could these individuals have employed other than the principle of utility as applied under a Utilitarian construct? Apparently for them virtually any "means" whether inherently immoral or not can be applied in the pursuit of an identified "end."
The first use of nuclear weapons is an immoral means for the accomplishment of any conceivable end since it involves purposely targeting innocent human beings--non-combatants. This makes it immoral under Just War Doctrinal principles period as well as under international Law (waging "Total War" is a war crime). Under traditional (golden-rule ethic) Aristotelian/Thomistic moral philosophical precepts, one must never intentionally kill the innocent. Offensively detonating a nuclear bomb under any and all circumstances, tactical or strategic involves choosing to intentionally kill the innocent (the object rationally chosen or "means") and it is gravely immoral.
In fact it is highly dubious whether one could ever detonate a nuclear bomb in a defensive capacity either, due to the predictable (and thus intentional) nature involved in the killing of innocents. Such an eventuality could not be termed unintended in the sense of "collateral" damage which refers only to those inadvertent and unintended deaths of non-combatant civilians in time of war which are unforseeable. If large loss of civilian life is virtually certain (that is, one possesses moral certitude), the planned military maneuver is clearly immmoral.
I include the following additional analysis which was posted previously as a NOTE on this topic see THIS...
Having personally lived through the Cuban Missile Crisis it is inconceivable to me that supposedly intelligent military leaders could recommend the use of offensive nuclear weapons in an attempt to prevent further nuclear proliferation and other weapons of mass destruction. There are several insurmountable problems with their analysis.
First, it is not true that "there is simply no realistic prospect of a nuclear-free world" as the 5 author's have maintained. The original nuclear weapons state (NWS's) nations (China, USSR [now Russia], France, United States and Great Britain) which signed the NPT have through lack of leadership and good will failed to meet their treaty obligations to progressively disarm their nuclear arsenals. Yet, they continue to insist that non-nuclear weapon state (NNWS's) countries must not attempt to develop them. NNWS nations legitimately wonder why they should be held to their NPT obligation not to develop nuclear weapons when the original 5 NWS's refuse to abide by theirs.
The NWS's by some unknown "right" (perhaps might makes right) also insist that those NNWS countries which did not sign the NPT must also refrain from doing so. This is rank hypocrisy of the worst sort. Moreover it is clear that some NWS's have further violated their NPT related obligations by assisting other nations who were not part of the original NWS's to obtain them including Israel, Pakistan, India and North Korea. Obviously, the original NWS's have made no realistic attempt to either progressively disarm (certainly not in the past 20 years) or to otherwise abide by their NPT stipulated agreement not to provide nuclear weapons technology to NNWS nations.
Second the 5 military authors who produced the latest radical manifesto have also committed a grievous error in logic. It is contradictory (violates the law of non-contradiction) in the extreme to purport that the best way to prevent an actual phenomenon from occurring is to in fact make it occur. Nuclear weapons proliferation is held to be disadvantageous because it is thought to increase the risk (likelihood) that nuclear weapons will be utilized; particularly offensively--a universally recognized and abhorrent historical reality based upon their first use by the United States against the Japanese. If that were not the case there would be no morally legitimate reason to limit proliferation.
Third, many nations already have nuclear weapons which are associated with some finite risk of use albeit perhaps incalculable quantitatively. Should nuclear weapons be used to stop a nation state from developing them, what does this say? It indicates that the use of nuclear weapons in an offensive manner is justifiable under some circumstances. Not only does it violate Just War Doctrinal principles it makes legitimate that which it is attempting to make illegitimate--the use of offensive nuclear weapons--whether by a nation state or a terrorist organization. Put another way, it says "do what we say not what we do simply because we say so." Those NNWS can legitimately reply, "you are hypocritical in the extreme. Why should you be the only ones to have nuclear weapons--you aren't even willing to disarm the huge arsenals you already have and agreed to reduce and yet you insist that we cannot even have one? How unjust of you."
Perhaps even more troubling to me is the idea that so many human beings including the top tier candidates for President in both US political parties are willing to consider the use of nuclear weapons offensively. This is a most disturbing development. It demonstrates that the so-called Bush doctrine of preventive war has become normalized despite its being completely incompatible with international law, Just War Doctrinal principles and traditional moral precepts.
Too many people seem to have lost sight of just how truly awful it is to detonate even one nuclear weapon. I suggest that everyone read or re-read the accounts of those who documented the carnage and human suffering after the Hiroshima and Nagasaki nuclear bombings. The genetic and medical complications alone are still being felt to this day. The deleterious effects of radioactive fallout and possible complete fouling of the earth's atmosphere/environment were these hideous weapons to be utilized demands that they never be used again. There is no guarantee that--should even one tactical nuclear warhead be detonated--it would not result in WWIII. The resulting nuclear Armageddon and nuclear Winter would be capable of destroying all life on earth.
Thursday, December 27, 2007
Important Principles in Scholastic Moral Philosophy
By: Dr. J. P. Hubert
•The “ought” is grounded in the “is” i.e. the nature or essence of human being, (the ought must be perfective of human essence or nature).
•A morally illicit means (object rationally chosen) may never be utilized in the pursuit of a desired end (intent) codified in scripture (Rom. 3: 8) as “never do evil that good may come of it.”
•The means, end and circumstances must all be morally licit for the proposed moral action to be justified.
•Both the first and second principles of the Natural (moral) Law are presupposed; “do good and avoid evil” “treat your neighbor fairly.” The first categorical imperative of Emmanuel Kant’s ethic which addresses universality of applicability (only do those moral acts which you would wish to see universalized) is similar to and in a sense derivative of the first principle of the Natural Law and “right reason.” The second categorical imperative of Kant’s ethic (never treat another person as a “means” but only as an “end”) is roughly equivalent to the second principle of the Natural Law (treat your neighbor fairly).
•It is impossible for something to be morally right for one person and wrong for another. Such a relativistic formulation denies the existence of moral absolutes which flow from the Natural (moral) Law. It might be advantageous to act in a given way in a set of circumstances in order to achieve a goal which is non-moral in nature, e.g. heading east in traveling from Los Angeles to New York given the physical/spatial realities of each location. This is a non-moral calculation. Few circumstances in human life are completely non-moral in this sense. Most have some bearing on morality that is a moral component which must be duly considered.
US foreign policy is a good example; what might seem advantageous from a purely utilitarian (practical) perspective might upon careful analysis actually be immoral. For example, one might prefer that a given foreign government did not exist or could be replaced but to actually force such a thing to occur would violate well-accepted moral norms which should never be transgressed such as “it is never morally licit to intentionally kill the innocent” or “offensive wars of aggression are immoral in principle as they exceed the so-called right of self-defense” (to do so is to violate the first and second principles of the Natural Law or right reason) in this case an example of doing evil (an intrinsically evil act) that good might come of it.
•It is extremely enlightening to consider what would happen if everyone were to act as one proposes, while evaluating a moral question. This is to make use of the principle of universality one which flows from a fixed human nature or anthropology that is to say, we assume that all human beings (in the metaphysical not monetary sense) are inherently of equal value and worth.
In scholastic moral philosophy one must assume that all human beings are equal in this sense and that human nature (essence) is fixed not changing, evolving or alterable by external circumstances. This is the case first because it is true and demonstrably so but also to be certain in practice, that some human beings are not inadvertently or purposefully rendered "inhuman", sub-human or otherwise in some sense less than human for utilitarian purposes.
For example, under Nazism, the Jews were rendered inhuman or sub-human in order to make killing them palatable to the masses. In America, African slaves were considered property rather than human beings with an intrinsic human worth and dignity equal to any other; in order to justify their continued enslavement. Finally, many Zionist's in Israel consider Palestinian Arabs to be the equivalent of wild beasts--essentially sub-human nuisances (leading Israeli Zionists have said, "the only good Arab is a dead Arab") not deserving of equal treatment. Tragically, Israeli civil rights laws tend to reflect this immoral bias. All "3" examples illustrate the need to apply moral norms universally while assuming a fixed human nature.
•It is morally legitimate to be tolerant (respectful) of other persons as human beings but not tolerant (in the sense of accepting) of their immoral acts if on careful analysis those acts are clearly immoral. One must never be tolerant of immorality (actions of an immoral nature) since morally illicit actions are self-reinforcing--these behaviors eventually become normalized. It is unfair to all of our neighbors that is, the "common good” not to identify immoral behavior as such since it leads to a lack of human flourishing rather than the authentic good which should be each human being’s birthright.
One does not have the right in exercising one's personal freedom to behave immorally and to negatively impact the common good. To do so is to violate both the first and second principles of the Natural Law. There is much confusion today about this concept largely due to mistaken post-Enlightenment notions of moral relativism which are intellectually bankrupt; fundamentally because they are contradictory (self-referentially absurd). This is part of a much larger epistemological problem having to do with post-modern errors related to the nature of truth.
•A person’s humanity from the moral perspective cannot be altered including by the performance of immoral acts. It exists as part of that person’s being until death. As such, it is never morally licit to treat human persons as if they were not human because of circumstances or external conditions etc. For this reason, prisoner’s of war and other convicted felons (for example), must be treated humanely. Hence we have prohibitions against torture while cruel and unusual punishment are proscribed. Human Rights flow from basic human dignity and are derived from a fixed human nature or anthropology; otherwise they do not exist at all. As such, they cannot be legislated away without said laws being groundless.
Human rights are also universal to time and place and are applicable to all of humanity. The only moral philosophy which is capable of entirely grounding human rights is the so-called Aristotelian/Thomistic synthesis.
•The “ought” is grounded in the “is” i.e. the nature or essence of human being, (the ought must be perfective of human essence or nature).
•A morally illicit means (object rationally chosen) may never be utilized in the pursuit of a desired end (intent) codified in scripture (Rom. 3: 8) as “never do evil that good may come of it.”
•The means, end and circumstances must all be morally licit for the proposed moral action to be justified.
•Both the first and second principles of the Natural (moral) Law are presupposed; “do good and avoid evil” “treat your neighbor fairly.” The first categorical imperative of Emmanuel Kant’s ethic which addresses universality of applicability (only do those moral acts which you would wish to see universalized) is similar to and in a sense derivative of the first principle of the Natural Law and “right reason.” The second categorical imperative of Kant’s ethic (never treat another person as a “means” but only as an “end”) is roughly equivalent to the second principle of the Natural Law (treat your neighbor fairly).
•It is impossible for something to be morally right for one person and wrong for another. Such a relativistic formulation denies the existence of moral absolutes which flow from the Natural (moral) Law. It might be advantageous to act in a given way in a set of circumstances in order to achieve a goal which is non-moral in nature, e.g. heading east in traveling from Los Angeles to New York given the physical/spatial realities of each location. This is a non-moral calculation. Few circumstances in human life are completely non-moral in this sense. Most have some bearing on morality that is a moral component which must be duly considered.
US foreign policy is a good example; what might seem advantageous from a purely utilitarian (practical) perspective might upon careful analysis actually be immoral. For example, one might prefer that a given foreign government did not exist or could be replaced but to actually force such a thing to occur would violate well-accepted moral norms which should never be transgressed such as “it is never morally licit to intentionally kill the innocent” or “offensive wars of aggression are immoral in principle as they exceed the so-called right of self-defense” (to do so is to violate the first and second principles of the Natural Law or right reason) in this case an example of doing evil (an intrinsically evil act) that good might come of it.
•It is extremely enlightening to consider what would happen if everyone were to act as one proposes, while evaluating a moral question. This is to make use of the principle of universality one which flows from a fixed human nature or anthropology that is to say, we assume that all human beings (in the metaphysical not monetary sense) are inherently of equal value and worth.
In scholastic moral philosophy one must assume that all human beings are equal in this sense and that human nature (essence) is fixed not changing, evolving or alterable by external circumstances. This is the case first because it is true and demonstrably so but also to be certain in practice, that some human beings are not inadvertently or purposefully rendered "inhuman", sub-human or otherwise in some sense less than human for utilitarian purposes.
For example, under Nazism, the Jews were rendered inhuman or sub-human in order to make killing them palatable to the masses. In America, African slaves were considered property rather than human beings with an intrinsic human worth and dignity equal to any other; in order to justify their continued enslavement. Finally, many Zionist's in Israel consider Palestinian Arabs to be the equivalent of wild beasts--essentially sub-human nuisances (leading Israeli Zionists have said, "the only good Arab is a dead Arab") not deserving of equal treatment. Tragically, Israeli civil rights laws tend to reflect this immoral bias. All "3" examples illustrate the need to apply moral norms universally while assuming a fixed human nature.
•It is morally legitimate to be tolerant (respectful) of other persons as human beings but not tolerant (in the sense of accepting) of their immoral acts if on careful analysis those acts are clearly immoral. One must never be tolerant of immorality (actions of an immoral nature) since morally illicit actions are self-reinforcing--these behaviors eventually become normalized. It is unfair to all of our neighbors that is, the "common good” not to identify immoral behavior as such since it leads to a lack of human flourishing rather than the authentic good which should be each human being’s birthright.
One does not have the right in exercising one's personal freedom to behave immorally and to negatively impact the common good. To do so is to violate both the first and second principles of the Natural Law. There is much confusion today about this concept largely due to mistaken post-Enlightenment notions of moral relativism which are intellectually bankrupt; fundamentally because they are contradictory (self-referentially absurd). This is part of a much larger epistemological problem having to do with post-modern errors related to the nature of truth.
•A person’s humanity from the moral perspective cannot be altered including by the performance of immoral acts. It exists as part of that person’s being until death. As such, it is never morally licit to treat human persons as if they were not human because of circumstances or external conditions etc. For this reason, prisoner’s of war and other convicted felons (for example), must be treated humanely. Hence we have prohibitions against torture while cruel and unusual punishment are proscribed. Human Rights flow from basic human dignity and are derived from a fixed human nature or anthropology; otherwise they do not exist at all. As such, they cannot be legislated away without said laws being groundless.
Human rights are also universal to time and place and are applicable to all of humanity. The only moral philosophy which is capable of entirely grounding human rights is the so-called Aristotelian/Thomistic synthesis.
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