This document discusses several key concepts related to law and morality, including:
1) It defines human acts as acts performed by humans and directed towards their true end by law and conscience.
2) It classifies laws based on their author, duration, manner of promulgation, whether they prescribe or forbid acts, and the effect of violation.
3) Conscience is described as the practical judgement of reason upon an individual act, informing them of their moral obligations. Different views of conscience from philosophers like Russell and Butler are also presented.
4) Norms of morality include eternal divine law and human reason, while determinants of morality consider the object, end, and circumstances of an act.
This document discusses several key concepts related to law and morality, including:
1) It defines human acts as acts performed by humans and directed towards their true end by law and conscience.
2) It classifies laws based on their author, duration, manner of promulgation, whether they prescribe or forbid acts, and the effect of violation.
3) Conscience is described as the practical judgement of reason upon an individual act, informing them of their moral obligations. Different views of conscience from philosophers like Russell and Butler are also presented.
4) Norms of morality include eternal divine law and human reason, while determinants of morality consider the object, end, and circumstances of an act.
This document discusses several key concepts related to law and morality, including:
1) It defines human acts as acts performed by humans and directed towards their true end by law and conscience.
2) It classifies laws based on their author, duration, manner of promulgation, whether they prescribe or forbid acts, and the effect of violation.
3) Conscience is described as the practical judgement of reason upon an individual act, informing them of their moral obligations. Different views of conscience from philosophers like Russell and Butler are also presented.
4) Norms of morality include eternal divine law and human reason, while determinants of morality consider the object, end, and circumstances of an act.
This document discusses several key concepts related to law and morality, including:
1) It defines human acts as acts performed by humans and directed towards their true end by law and conscience.
2) It classifies laws based on their author, duration, manner of promulgation, whether they prescribe or forbid acts, and the effect of violation.
3) Conscience is described as the practical judgement of reason upon an individual act, informing them of their moral obligations. Different views of conscience from philosophers like Russell and Butler are also presented.
4) Norms of morality include eternal divine law and human reason, while determinants of morality consider the object, end, and circumstances of an act.
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Human acts is an act that is performed only by
a human being and thus is proper to man. When
a human being does such acts, they are called acts of man but not human acts.
Human acts are directed to their true end by
LAW and law is applied by CONSCIENCE. Hence, law and conscience are the directives or norms of human acts Law
an ordinance of reason, promulgated for the
common good by one who has charge of society.
St. Thomas LAW
Law is a rule of external human action enforced by a
sovereign political authority
Elder Jeffrey R. Holland
Classification of Laws According to their:
Immediate author – Divine Laws (from God)
Duration – Temporal or Eternal Manner of their Promulgation As they prescribe an act or forbid it The effect of their Violation Immediate author ( Divine Laws ) - Laws are distinguished as divine laws, which come directly from God and - Human laws which are the enactments of Church or State. Human laws enacted by the church are called ecclesiastical laws, while human laws enacted by the State are called civil laws. Duration – Temporal or Eternal - laws are temporal or eternal. - the eternal law is God’s plan and providence for this universe. - all human laws are in themselves temporal, although some of them give expression to requirements of the Eternal Law. Manner of their Promulgation - laws are distinguished as the Natural Law and Positive law • Natural Law in the widest sense is that which directs creatures to their end in accordance with their nature and so understood, it coincides with the Eternal Law. Physical Law are the laws govern irrational creatures in their being and activities Moral Law which is apprehended by sound and matured human reason is called the natural law • Positive Law are laws enacted by a positive act of legislator, and these fall under the classification already made as divine and human As they prescribe an act or forbid it - laws are affirmative or negative - Negative Laws are also called prohibitory laws. The effect of their Violation - laws are distinguished as moral (violation of which is fault or sin). • Penal (violation of which is renders the violator liable to an established penalty, but does not infect him with sin). • Mixed, (violation of which involves both fault and penalty). CONSCIENCE -Derived from the Latin words “con” plus “scientia” which means “with knowledge” of what is right or wrong or “trial of oneself” both in accusation and in defense. - It is the “inner or little voice of God in man” crying out man’s moral obligations and telling him what to do and what to avoid in the moral order. -is the practical judgement of reason upon an individual act as good to be performed, or as evil to be avoided. Nature of Conscience Knowledge of right and wrong Values and Principles Ability to choose freely The urge to do what is good Bertrand Russell Contention A celebrated British philosopher Claims that the consciences not a domain of the intellectual faculty man. “voice of Conscience” is neither founded on moral institutions from God nor on the rational faculty of man. Conscience covers several different of feelings which man acquires from his experience and childhood training. It is not a product of moral faculty but of infantile conditioning Butler’s Contention An 18th century exponent of conscience and a protestant Bishop – claim that conscience is a principle of reflection in men. “ this principle is man, by which he approves or disapproves his heart, temper, and actions is conscience; for this is the strict sense of the word though sometimes it is used so as to take in more. Butler contends further that there are two aspects of conscience. Cognitive ( or reflective) Imperative ( or authoritative) Kinds of Conscience • Antecedent – judgment is passed before an action is performed. • Consequent – judgment is passed after an action is performed. • Right/True – judges what is really good as good and what is really evil as evil according to the true principles of morality. • Erroneous/False – judges what is really bad as good and vice versa according to a false interpretation of the moral principles. • Certain conscience – a subjective assurance of the lawfulness or unlawfulness of certain actions to be done or to be omitted. • Doubtful conscience – a vacillating conscience, which is unable to form a definite judgment on a certain action. - a doubtful conscience must first be allowed to settle its doubts before an action is performed. • Lax conscience – is one which refuses to be bothered about the distinction of good and evil. It tends to follow the easy way and to find excuses for omissions and mistakes. These are people who act on the impulse of “bahala na” on matters of morals. • Scrupulous conscience – is a rigorous conscience, extremely afraid of committing evil. -A scrupulous conscience is meticulous and wants incontrovertible proofs before it acts . It is frequently the result of a stubborn character. -For some, it merely means a serious concern about moral perfection. Martin Heidegger’s Concept of Conscience This modern philosopher says that conscience and guilt precede morality or ethics This means that conscience is independent of preexisting norms, because it is primordial than them. Now, if conscience is rooted in our relatedness to our very selves and to others then our conscience should lead us to respect the personhood of others. In this light, Heidegger is admonishing us that once we attain authenticity, we are called to help others realize that to be authentic means to be attuned with the dictates of our well- educated conscience. Norms of Morality Norm - Something by which an act or conduct is measured as good or bad, right or wrong, moral or immoral; rule or standard; criteria for judgement. Norms of Morality - The standard of right and wrong in human actions Two Norms of Morality: • Eternal Divine Law (objective) - The ultimate and absolute norm of morality; independent of any standard • Human Reason(subjective) - As related to the person’s conscience Law as the object norm of morality Determinants of Morality Object - what the free will choose to do – in THOUGHT, WORD, or DEED – or chooses not to do. End - The purpose for which the act is willed Circumstances - all the elements that surrounds a human action and affects its morality without belongings to its essence Who? Where? How? How much? By what means? How often? • To be morally good a human act must agree with the norm of morality on all these accounts – its NATURE, its MOTIVE and it CIRCUMSTANCES