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 AUTHOR DIVINE LAWS HUMAN LAWS ACCORDING TO DURATION TEMPORAL LAWS ETERNAL LAWS ACCORDING TO MANNER OF PROMULGATION NATURAL LAW POSITIVE LAW ACCORDING AS THEY PRESCRIBE OR FORBID AN ACT AFFIRMATIVE LAWS NEGATIVE LAWS ACCORDING TO EFFECT OF VIOLATION MORAL PENAL MIXED CLASSES OF LAW ETERNAL LAW GOD’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 BEING MAN ACTS IN ACCORDANCE WITH PHYSICAL LAWS IN MATTERS THAT LIE UNDER MAN’S FREE CONTROL MAN 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 Unchangeable There is a constant in human nature which remains throughout all historical and cultural change. Obligatory and Indispensable It binds every man at all times and in all places 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 STATE ECCLESIASTICAL 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 Concerned with external conduct only Human laws oblige only those who are members of the community for which the laws are enacted. Historically conditioned External compliance with the law suffices to secure the social order and the common good. Limited to particular groups Has the coercive power of the law 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 ACT AS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED JUDGMENT OF REASON THROUGH THE PROCESS OF REASONING, BASED ON MORAL PRINCIPLES, CONSCIENCE JUDGES AN ACT AS GOOD OR BAD. SYNDERESIS ACQUIRED EQUIPMENT OF MORAL PRINCIPLES INTUITIVE 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 ACTION WE COMPARE IT MENTALLY WITH MORAL RINCIPLES AND ARRIVE AT A CONCLUSION WHETHER THE ACT IS GOOD OR BAD Two basic element of conscience 1. 2. Moral judgment that discerns what is right and wrong. 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 ACTION CONSCIENCE JUDGES AN ACT AS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED AFTER THE ACTION CONSCIENCE IS A JUDGMENT OF APPROVAL OR DISAPPORVAL STATES OF CONSCIENCE CORRECT OR TRUE CONSCIENCE WHEN IT JUDGES AS GOOD THAT WHICH IS GOOD AND EVIL THAT WHICH IS EVIL CERTAIN CONSCIENCE WHEN CONSCIENCE IS FIRM AND ASSURED WHEN THE AGENT HAS NO FEAR OF BEING IN ERROR MUST BE OBEYED AT ALL TIMES DOUBTFUL CONSCIENCE WHEN THE AGENT IS AWARE OF THE POSSIBILITY OF ERROR IT NOT ALLOWED TO ACT IN A STATE OF PRACTICAL DOUBT THE DOUBT MUST BE RESOLVED AND REPLACED WITH CERTITUDE FORMATION OF CONSCIENCE TO 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 DIRECTLY BY STUDYING THE ACT ITSELF AND ITS MORAL DETERMINANTS AND HAVING A CLEAR KNOWLEDGE OF THE QUALITY OF THE MORAL ACT AS GOOD OR EVIL INDIRECTLY BY APPLYING THE REFLEX MORAL PRINCIPLE WHICH MEANS THAT A DOUBTFUL LAW DOES NOT BIND.