NORMS OF MORALITY

LAW CONSCIENCE

LAW

AN ORDINANCE OF REASON PROMULGATED FOR THE COMMON GOOD

BY ONE WHO HAS CHARGE OF THE SOCIETY

ORDINANCE OF REASON

LAW ORDERS AND DIRECTS HUMAN ACTS TOWARDS THEIR END

LAW FLOWS FROM REASONABLE WILL: FROM THE ILLUMINED UNDERSTANDING OF THE WILL OF AN END

REASON RECOGNIZES WHAT IS GOOD

GOOD IS WHAT WE OUGHT TO FOLLOW

LAW MAKES US FOLLOW WHAT IS GOOD

PROMULGATED FOR THE COMMON GOOD

LAW IS MADE KNOWN TO THOSE WHO ARE BOUND BY IT

LAW IS NOT MEANT TO IMPOSE HARDSHIPS OR NEEDLESS RESTRICTIONS

TRUE LAW TENDS TO MAKE MEN GOOD, LIBERATES MEN FROM PERVERSE AND MISTAKEN JUDGEMENTS

LEADS THEM TO THEIR ULTIMATE END

Contribution of Moral Laws

They provide the objective criteria for our own conscience to judge what is morally good or evil.

They help our moral development, especially in the formation of our conscience.

They offer the needed moral stability in our lives

They challenge us to stretch for an ideal beyond our limited experience, and correct our moral misconceptions in the process.

CFC 849

CLASSIFICATION OF LAWS:

ACCORDING TO IMMEDIATE AUTHORDIVINE LAWS HUMAN LAWS

ACCORDING TO DURATIONTEMPORAL LAWSETERNAL LAWS

ACCORDING TO MANNER OF PROMULGATIONNATURAL LAW POSITIVE LAW

ACCORDING AS THEY PRESCRIBE OR FORBID AN ACTAFFIRMATIVE LAWS

NEGATIVE LAWS

ACCORDING TO EFFECT OF VIOLATIONMORAL PENALMIXED

CLASSES OF LAW

ETERNAL LAWGOD’S ETERNAL PLAN AND PROVIDENCE FOR CREATION

ETERNAL LAW APPLIES TO ALL CREATURES AND DIRECTS THEM IN HARMONY WITH THEIR NATURE

Eternal Law

The plan of divine wisdom as directing all acts and movements.

(St. Thomas Aquinas) The universal law whereby God directs and

governs the universe and the ways of the human community according to His plan of wisdom and love.

Properties of Eternal Law Eternal and unchangeable Absolutely universal

MAN ALONE MAY REFUSE THE DIRECTION OF ETERNAL LAW

AS A BODILY BEINGMAN ACTS IN ACCORDANCE WITH PHYSICAL LAWS

IN MATTERS THAT LIE UNDER MAN’S FREE CONTROLMAN MAY REFUSE THE DIRECTION OF ETERNAL LAW

NATURAL LAW

THAT MORAL ORDER (A DIRECTIVE, ORDERING MAN TOWARDS ULTIMATE END)

WHICH ARISES FROM THE NATURE OF MAN AND CREATION AND WHICH CAN BE RECOGNIZED BY MAN’S REASON.

IT IS ALSO DIVINE NATURAL LAW BECAUSE ITS ORIGIN IS ULTIMATELY TRACED BACK TO THE WILL OF GOD

Natural Law

The rational creature’s participation in the eternal law.

St. Thomas Aquinas It is the Eternal Law as known to man by

his reason. There is a way human life should be lived

and this “should-ness” is grasped by reason.

Fundamental Expression of Natural Law Do good, avoid evil.

Properties of Natural Law

Universal It binds every man at all times and in all

places Unchangeable

There is a constant in human nature which remains throughout all historical and cultural change.

Obligatory and Indispensable Natural law is identical to God’s will. No

human authority may give a dispensation from it.

Recognizable It is knowable by all persons using their

critical reason.

Kinds of Law

Eternal Law Natural Law Positive Law

Divine Positive Law Ecclesiastical Positive Law Civil Positive Law

Evangelical or New Law

Positive Law

Laws created by human beings which can enjoin specific obligations upon individuals. Divine Positive Law Ecclesiastical Positive Law Civil Positive Law

HUMAN LAW

LAWS ENACTED BY CHURCH OR STATEECCLESIASTICAL LAW

CIVIL LAW

A HUMAN LAW DERIVES ITS BINDING FORCE FROM NATURAL LAW AND ULTIMATELY FROM ETERNAL LAW

A CONCRETE AND DETERMINATE APPLICATION OF NATURAL LAW

Properties of Human Law Enforceable

Has the coercive power of the law Concerned with external conduct only

External compliance with the law suffices to secure the social order and the common good.

Limited to particular groups Human laws oblige only those who are members

of the community for which the laws are enacted.

Historically conditioned Human laws change as societies and

civilizations change Has presumptive obligatory force

Presumption favors the duty to obey the law.

Evangelical or New Law: The Law of the Spirit

The New law is called a law of love because it makes us act out of love infused by the Holy Spirit, rather than from fear; a law of grace, because it confers the strength of grace to act, by means of faith and the sacraments; a law of freedom, because it sets us free from the ritual and juridical observances of the Old Law, inclines us to act spontaneously by the prompting of charity, and finally, lets us pass from the condition of a servant to that of a friend of Christ – or even to the status of son and heir (CCC 1972).

The content of this new law responds to the obligation of the Christian to shape his life according to Jesus Christ.

Just Law

Generally, an unjust law does not oblige.

Conditions of a Just Law It must promote the common good The burdens which the law imposes on

society must reflect an “equality of proportion.”

It must not exceed the power of its human authors.

Various notions of Conscience

Feeling of guilt, worry, dissatisfaction, restlessness or a feeling of “hiya” when they do something wrong.

Sincerity: to be “true to one’s self”: “I can do anything as long as it does not hurt anybody”

What “authorities” tell them to do: the laws of the government, the Church, the parents, the “barkada.”

CONSCIENCE

PRACTICAL JUDGMENT OF REASON UPON AN INDIVIDUAL ACTAS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED

THROUGH THE PROCESS OF REASONING, BASED ON MORAL PRINCIPLES, CONSCIENCE JUDGES AN ACT AS GOOD OR BAD.

JUDGMENT OF REASON

SYNDERESIS

ACQUIRED EQUIPMENT OF MORAL PRINCIPLESINTUITIVE KNOWLEDGE OF RIGHT AND WRONG (Dictate of one’s conscience)

THE STARTING POINT OF THE REASONING PROCESS WHICH ENDS IN THE JUDGMENT OF CONSCIENCE

WHEN WE ARE CONFRONTED WITH POSSIBLE COURSE OF ACTIONWE COMPARE IT MENTALLY WITH MORAL RINCIPLES

AND ARRIVE AT A CONCLUSION WHETHER THE ACT IS GOOD OR BAD

Two basic element of conscience

1. Moral judgment that discerns what is right and wrong.

2. Moral obligation or command to do good and avoid evil

CONSCIENCE IS A PRACTICAL JUDGMENT

• REFERENCE TO AN ACTION THAT NEEDS TO BE DONE OR AVOIDED

• IT IS A REASONING PROCESS THAT ALWAYS ENDS IN JUDGMENT

THAT COMMANDS, FORBIDS, ALLOWS, ADVISES

• CONSCIENCE IS A DICTATE: “DO THIS, DO THAT”

CONSCIENCE IS A JUDGMENT UPON AN INDIVIDUAL ACT TO BE PERFORMED OR OMMITTED IN THE PRESENT CIRCUMSTANCE

BEFORE THE ACTIONCONSCIENCE JUDGES AN ACT AS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED

AFTER THE ACTIONCONSCIENCE IS A JUDGMENT OF APPROVAL OR DISAPPORVAL

STATES OF CONSCIENCE

CORRECT OR TRUE CONSCIENCEWHEN IT JUDGES AS GOOD THAT WHICH IS GOOD

AND EVIL THAT WHICH IS EVIL

CERTAIN CONSCIENCEWHEN CONSCIENCE IS FIRM AND ASSURED

WHEN THE AGENT HAS NO FEAR OF BEING IN ERRORMUST BE OBEYED AT ALL TIMES

DOUBTFUL CONSCIENCEWHEN THE AGENT IS AWARE OF THE POSSIBILITY OF ERRORIT NOT ALLOWED TO ACT IN A STATE OF PRACTICAL DOUBT

THE DOUBT MUST BE RESOLVED AND REPLACED WITH CERTITUDE

FORMATION OF CONSCIENCETO FORM ONE’S CONSCIENCE MEANS TO GET RID OF DOUBT

AND ACHIEVE CERTAINTY

TO REASON OUT THE RIGHT AND WRONG OF A GIVEN SITUATION

MORAL CERTITUDE IS SUFFICIENT AND REQUISITE FOR THE GUIDANCE OF THE CONSCIENCE-JUDGMENT

IT IS POSSIBLE TO ACHIEVE MORAL CERTITUDE DIRECTLY OR INDIRECTLY

DIRECTLYBY STUDYING THE ACT ITSELF AND ITS MORAL DETERMINANTS

AND HAVING A CLEAR KNOWLEDGE OF THE QUALITY OF THE MORAL ACT AS GOOD OR EVIL

INDIRECTLYBY APPLYING THE REFLEX MORAL PRINCIPLE

WHICH MEANS THAT A DOUBTFUL LAW DOES NOT BIND.