On the Various Kinds of Natural Law Theory

To meet the challenges facing Modernity a new philosophical framework is required. This framework I call natural law liberalism. As the name suggests, it is a synthesis of natural law theory and liberalism. Chapter 2 sets out the account of natural law theory to be employed in this project. The key idea is that natural law theory is essentially a theory of practical reason applicable to all areas of action, public and private. Anchored in the Aristotelian tradition of Eudaimonia, and calling on Cicero, Gratian, Aquinas and twentieth century figures such as Finnis, Murphy and Crowe, this secular version of natural law theory is distinguished from both theologically dependent versions of natural law theory typified by Pufendorf, and from State of Nature theorists such as Hobbes, Locke and Rousseau. The chapter ends with a discussion of the “old sexual morality”. Pace many natural law theorists past and present, it is argued that homosexuality is not contrary to natural law. However, recent developments associated with Judith Butler’s Gender Trouble are rejected. The version of natural law theory adopted here insists on respecting the rights of human females, and is thus consistent with gender critical feminism.