ORAL PRESENTATION MODULE 2 CODE OF ETHICS GROUP 4 CE Laws, Ethics, and Contracts CODE OF ETHICS INTRODUCTION Man no doubt is creative because he possesses tremendous bodily and spiritual powers. Every minute of his life, he acts, transforming himself and the world around him. Action constitutes a person, an individual in control of himself and accountable to himself. What person is and what becomes of him depend largely on the type of actions he performs during his life-time. Group 4 page 02 of 19 CODE OF ETHICS HUMAN ACTS Distinction is made between human acts and acts of man. The human acts are those actions are those actions which man performs knowingly, freely, and voluntarily. The acts of man are those actions which happen in man. They are instinctive and are not within the control of the will. Group 4 page 03 of 19 ESSENTIAL ATTRIBUTES For an act to be considered a human act, it must possess the following: 1. It must be performed by a conscious agent who is aware of what he is doing and of its consequences. 2. It must be performed by an agent who is acting freely, that is by, his own volition and powers. 3. It must be performed by an agent who decides willfully to perform the act. Group 4 page 04 of 19 KINDS OF HUMAN ACT Human acts are either elicited acts or commanded acts. Elicited acts are those performed by the Will and not bodily externalized. Paul Glenn enumerates the following elicited acts: 1. Wish – the tendency of will towards something, whether this be realizable or not. 2. Intention – The tendency of the will towards something attainable but without necessarily committing oneself to attain it. Group 4 page 05 of 19 KINDS OF HUMAN ACT 3. Consent – The acceptance of the will of those needed to carry out the intention. 4. Election – the selection of the will of those means affective enough to carry out the intention. 5. Use – the command of the will to make use of those means elected to carry out the intention. 6. Fruition – the enjoyment of the will derived from the attainment of the thing he had desired earlie Group 4 page 06 of 19 KINDS OF HUMAN ACT Commanded acts are those done either by man’s mental or bodily powers under the command of the will. Commanded acts are either internal or external actions. 1. Internal actions are conscious reasoning, recalling something, encouraging oneself, controlling aroused emotions and others. 2. External actions are walking, eating, dancing, laughing, listening, reading and others. Group 4 page 07 of 19 MORAL DISTINCTIONS Human acts may either be in conformity or not the dictates of reason. “Dictates of Reason” refers to the shared consciousness of prudent people about the propriety of a certain action or manner of behavior. It shows what is permissible in a given situation, the best option as a matter of fact. “Dictates of Reason” stand to the norm of morality which is the standard by which actions are judged as to their merits or demerits. On the basis of their relation to the norm of morality, actions are classified into moral, immoral, or amoral. Group 4 page 08 of 19 MORAL DISTINCTIONS 1. Moral actions – those actions which are in conformity with the norm of morality. They are good actions and are permissible. 2. Immoral actions – those actions which are not in conformity with the norm of morality. They are bad or evil and are not permissible. 3. Amoral actions – those actions which stand neutral in relation to the norm of morality. They are neither good nor bad because of the circumstances attendant to them. Group 4 page 09 o 19 EXTRINSIC AND INTRINSIC EVIL The relation of actions to the norm of morality is either intrinsic or extrinsic. Something is intrinsic to a thing when it is integral to the nature of that thing. Some actions are intrinsically evil because their nature is defective either by excess or by lack of certain attributes. Some other actions are extrinsically evil because certain factors attached to them by way of circumstances render them opposed to the norm of morality. Group 4 page 10 of 19 IMPUTABILITY OF HUMAN ACTS A human act is done by a person who is in control of his faculties intellect and free will. In this sense, a person is like a captain of a ship who assumes full responsibility and accountability for his decisions. The imputability of a human act means that the person performing the act is liable for such act. It involves the notion of guilt or innocence. Thus, actions are praiseworthy or blameworthy. Actions are attributed to the doer as their principal cause. Group 4 page 11 of 19 SANCTIONS AND PENALTIES The penal laws of our country provide for a system of punishment for crimes. Ranging from simple fines to imprisonment. The capital punishment, that is, death penalty, is reserved for “heinous crimes”. Unless also prohibited by the laws of the State, immoralities are not given corresponding legal punishments such as fines or imprisonment. Group 4 page 12 of 19 VOLUNTARINESS Voluntariness comes from the Latin word “voluntas”, referring to the Will. Voluntariness is essential to an act. 1. Perfect Voluntariness – present in a person who fully intends an act. A man who, wanting to get even, takes a gun and shoots his enemy is said to be acting with perfect voluntariness. 2. Imperfect Voluntariness – present in a person who acts without fully realizing what he means to do, or without fully intending the act. Group 4 page 13 of 19 VOLUNTARINESS 3. Conditional Voluntariness – present in a person who is forced by circumstances beyond his control to perform an act which he would not do under normal conditions. 4. Simple Voluntariness – present in a person doing an act willfully, regardless of whether the doer likes to do it or not. It is either positive or negative. It is positive when the act requires the performance of an activity. It is negative when an act requires the omission of activity. Group 4 page 14 of 19 DIRECT VOLUNTARINESS accompanies an act which is primarily intended by the doer, either as an end in itself or as a means to achieve something else. Group 4 TYPES OF VOLUNTARINESS INDIRECT VOLUNTARINESS accompanies an act or situation which is the merely result of a directly willed act. SIMPLE VOLUNTARINESS present in a person doing an act willfully, regardless of whether the doer likes to do it or not. It is either positive or negative. It is positive when the act requires the performance of an activity. It is negative when an act requires the omission of activity. page 15 of 19 INDIRECTLY VOLUNTARY Generally speaking, a person is liable for the results which are foreseeable by an ordinary act of prudence. The prankster who shouts “fire” inside a crowded place has certainly some inkling that his joke might cause fear, panic, stampede, and injury to people. Group 4 page 16 of 19 INDIRECTLY VOLUNTARY Paul Glenn considers a person accountable for indirectly voluntary results of his acts when: 1. The doer must be able to foresee the evil result or effect, at least, in a general way. 2. The doer is free to refrain from doing that which would produce the foreseen evil. 3. The doer has moral obligation not to do that which produces an evil effect. Group 4 page 17 of 19 INDIRECTLY VOLUNTARY Alfredo Panizo cites these principles: 1. A person is held morally responsible for any evil effect which flows from the action itself directly and necessarily as a natural consequence, though the evil effect is not directly willed or intended. 2. A human act from which two effects may result, one good and one evil, is morally permissible under four conditions. If any of these conditions is violated, then the action is not justifiable and should not be done. Group 4 page 18 of 19 INDIRECTLY VOLUNTARY These four conditions are: The action which produces double effects must be good, or at least morally indifferent. The good effect must not come from the evil effect. To do evil in order to achieve something good is not justified. The motive of the doer must be towards the attainment of the good. The evil effect is permitted only as an incidental result. The good effect must outweigh the evil result in its importance Group 4 page 19 of 19