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What are my Guidepost To Know Where I am Going?. “Morality cannot be legislated but behavior can be regulated. Judicial decrees may not change the heart but they can restrain the heartless.” - Martin Luther King Jr. LAW. The Notion of Law (The Objective norm of Morality). Law as defined by:
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What are my Guidepost To Know Where I am Going? “Morality cannot be legislated but behavior can be regulated. Judicial decrees may not change the heart but they can restrain the heartless.” -Martin Luther King Jr.
The Notion of Law(The Objective norm of Morality) • Law as defined by: St. Thomas Aquinas “Law is an ordinance of reason for the common good promulgated by the person who takes charge of the community.” ELEMENTS: • A. Ordinance of Reason B. Common Good • Promulgated D. Person – takes • charge of the community
____ __ ___ • Natural Law • Divine Law or Eternal Law • Moral Law • Human Law Civil Law Church Law “ A law is valuable not because it is a law but because there is right in it. “ - Henry Ward Beecher-
A. NATURAL LAW • Refers to moral insights people are capable of knowing by means of their reason, and independently of the verbal revelation of God. “Natural” in Natural Law means: • Not supernatural • Not positive • Found in and derived from the nature of a person.
Concept of Natural Law Natural moral law is the law of human conduct which arises from human nature as ordered to its ultimate end, and which is recognized by the natural right of reason. The objective ground in which the moral law is recognized and from which it is derived are man’s “natural ultimate end” and “human nature not elevated by grace.”
Three essential characteristics of Natural Law • Universality- it is for all individuals • Unity and Invariability- possess equal basic rights • Immutability- there cannot be any change in whatever is fundamentally good or evil.
B. DIVINE AND ETERNAL LAW Divine law is deduced from the fact that the world is ruled by Divine Providence. Eternal Law is the plan flowing from God’s wisdom which directs all actions and movements. -St. Thomas Aquinas Eternal Law is the divine reason and/or the will of God Himself commanding the preservation of the natural law and forbidding its disturbance -St. Augustine
Divine law is manifested in: • Physical laws, which rule both non rational and rational creatures. • Biological laws, which govern the development of living things. • Mathematical laws, which govern abstract quantity. • Natural law, which is the participation of the eternal law in the rational creature.
“We cannot break the laws, but if we ignore them, they can break us. If we disobey the laws, even in ignorance, our nature is damaged for they are the laws of reality.”
C. MORAL LAW • Governs man’s/woman’s behavior • Contains truth & ethical principles “guide on matter of what is right or wrong” “Directive ordering a person’s activity towards the ultimate end” - Karl Peschke • The most “ordinary everyday activity” are expected to contribute to “the realization in the history of Divine Plan”
Man’s Inclination Towards Goodness • Found in the heart in the natural light of reason (What is good & evil?) • Develop & enlighten the intellect (know the TRUTH) • Cultivate & Motivate the will (Aim for the highest good)
MORAL LAW AS REVEALED LAW • Old Law – Ten Commandments “God wrote on the tablets the law of men did not read in their hearts” • New Law – Gospel Law – work of Christ & Holy spirit
LAW IN SACRED SCRIPTURES Law in the Old Testament – TORAH (Collections of Law) Law in the New Testament – Jesus instructions and parables being this message home in new forms & ways. OLD LAW – external written code LAW OF CHRIST – Law of the Spirit
Teachings of Christ • Love your Enemies “Even though the hardest thing to do, we really have to” • Golden Rule “Whatever you wish that men would do to you, do so them”
New Testament Law Summarized “You shall love the Lord your God with your whole heart, with your whole soul, and with all your mind. This is the greatest and first commandment. The second is similar to it. You shall love your neighbor as yourself. On these two commandments the whole law is based, and the prophets as well” Matthew 22 : 34 - 40
BEATITUDES • Blessings promised by the Lord to His Faithful Disciples in the Sermon on the Mount. “ To Love as Jesus Loves” • Blessed are the poor in spirit, for theirs is the Kingdom of Heaven. • Blessed are those who mourn, for they shall be comforted. • Blessed are the meek, for they shall inherit the earth.
Beatitudes Continued… • Blessed are those who hunger and thirst for righteousness, for they shall be satisfied. • Blessed are the merciful, for they shall obtain mercy. • Blessed are the pure in heart, for they shall see God. • Blessed are the peacemakers, for they shall be called the children of God. • Blessed are those who are persecuted for righteousness’ sake, for theirs is the Kingdom of Heaven.
Beatitudes with their corresponding gift of the Spirit - Germain Grisez • Poor in Spirit – Fear of the Lord • Meek – Piety or Godliness • Mourn – Knowledge • Hunger and thirst for righteousness – Fortitude • Those who are merciful – Counsel • Pure of Heart – Understanding • Peacemakers – Wisdom • Those persecuted for righteousness’ sake – Unique gift of one’s self.
D. HUMAN LAW Human law is a written document which deals with the juridical order of a society but this does not mean that all human laws were written because in primitive societies human laws were not written.
Characteristics which serve to further clarify the concept of human law: 1.Human law is enforceable. 2.It is concerned with external conduct only. 3.This law is limited to particular groups of people. 4.It is historically conditioned. 5.Human law has presumptive obligatory force.
Necessity of human law: 1.Revealed law does not provide exact rules for every moral problem; 2.Frequently, natural moral law is not so evident in its particular requirement; 3.Often, there are several possible ways to comply with an obligation; 4.Human law, with its penal regulation is an indispensable means of education for people.
CIVIL LAW vs. CHURCH LAW Civil Law is the particular application of natural law in a given society while Church law is the particular application of divine law to the Christian *Christian response is to obey all valid civil laws as we are bound by our conscience.
CONSCIENCE ( The Subjective Norm of Morality ) • CONSCIENCE (Lat. conscientia, "consciousness"; Grk. suneidesis). • The awareness that a proposed act is or is not conformable to one's ideal of right and manifesting itself in the feeling of obligation or duty. • The OT usually expresses the idea as "having [something] on the heart"
Conscience from the Bible 2 Cor 4:2-3 “ Rather, we have renounced secret and shameful ways; we do not use deception, nor do we distort the word of God. On the contrary, by setting forth the truth plainly we commend ourselves to every man's conscience in the sight of God. “ Rom 9:1-2 “I speak the truth in Christ-I am not lying, my conscience confirms it in the Holy Spirit”
SEQUENT CONSCIENCE The aspect of conscience earliest noticed in literature and most frequently referred to at all times is what is called theSequent Conscience-that is to say, it follows action. 1. Judicial 2. Punitive 3. Predictive 4. Social
Concept of Conscience • Conscience is the subjective norm of moral actions. It is often described as the inner voice which tells us what is wrong and what is right. • Vatican II in it's "Pastoral Constitution on the Modern World" describes conscience as the one that summons us to love good and to avoid evil.
Categories of Conscience • True Conscience -when it deduces correctly from the principle that the act is lawful, or it conforms to what is objectively right. • False or erroneous conscience -when it decides from a false principles considered as true that something that is unlawful. • Certain conscience -when without any prudent fear or error it decides that the act is either lawful or unlawful or if the person has no doubt about the correctness of one's judgment. • Doubtful conscience-when it fails to pass a moral judgment in the character of the act due to a fear or error, or if the person is unsure about the correctness of his judgment.
*Classification of erroneous conscience • Scrupulous conscience - one that for little or no reason judges an act to be morally evil when it is not. • Perplexed conscience - judges wrongly that sin is committed both in the performance or omission of an act. • Lax conscience - judges on insufficient ground that there is no sin in fact. • Pharisaical conscience - minimizes grave sin but maximizes small ones.
Conscience as Self-consciousness • A person is given life by the Creator as a gift or talent to be developed. • Through faith, a person knows Jesus Christ calling him to be truly human as He was. Conscience and the Power of the Holy Spirit • We have God given abilities to become informed, to reason, to love, to decide and to commit ourselves to creating goodness. • Conscience is formed by us individuals; it does not fall from heaven.
Binding Force of Conscience • A person who follows an erroneous conscience without causing injury to others should not be prevented from acting, unless the person objects unreasonably against his own welfare, like in the prevention of suicide or of an injury to one’s health. • An individual who follows his own erroneous conscience and injures others should be prevented from performing his external deeds. • A person may not morally coerce or persuade another to act against his conscience.
SOME PRINCIPLES GOVERNING FORMING CONSCIENCE • One has a right to form a right and unerring conscience. • Everyone is obliged to follow one’s own conscience. • One is not allowed to follow an erroneous conscience, so the error must be corrected. • For a person with a perplexed conscience, one should choose what seems to be the lesser evil. Reflex principles are rules of prudence which do not solve doubts concerning the existence of a law, moral principle, or fact by intrinsic or extrinsic evidence. They suggest indications where in case of irresolvable doubts, the greater right is usually to be found and the lesser evil is to be feared.
Continued… In case of doubt, these are the reflex principles to be followed. * The condition of the possessor is better. * Favor the accused; or innocence is to be assumed and crime is to be proved. * Presumption stands on the side of the superior. * Stand for the validity of the act. * Amplify the favorable and restrict the unfavorable. * Presumption stands for the usual, and the ordinary (experiences). * Favor the customary and the approved. * A doubtful law does not oblige.
Continued… • Only the certain conscience is the correct guide to moral behavior. Take note that the certain conscience is not necessarily right, but rather excludes all fear of error from acting rightly. • Our conscience is formed by our family, our experiences and by ourselves. • The “adult” form of conscience interiorizes the external voice of the objective norms constraining an individual. This enables the human person to answer God’s call and invitation. • Serious diligence must be used in order to have a true conscience at every occasion. Lack of knowledge from those who can but neglect to have it are not excused.
PROPER CULTIVATION OF THE INTEGRITY OF CONSCIENCE INCLUDES: • AWARENESS OF SPIRIT • CAREFUL KNOWLEDGE OF THE NORMS • REMOVAL OF OBSTACLES OR SIN
MORE PRACTICAL PRINCIPLES ACCORDING TO FINLEY AND PENNOCK • PRINCIPLE 1 Conscience is supreme and we are told to follow are conscience even if it is wrong. * Nobody else can be blamed for one’s actions but himself because he is responsible for his own actions. * One’s actions are not done in isolation with others. * The phrase conscience is supreme does not mean that an individual is superior than God, the Church or other people.
Continued… • One has a duty to examine the consequences of one’s actions and see for himself the effects they have on others, his environment and his relationship with God. • Being responsible means responding authentically to the call of God (as can be manifested through our everyday living). We can ignore His call, thus answer irresponsibly.
Continued… PRINCIPLE 2 One must always follow his conscience and has the duty to develop an informed conscience. • Father Gerard Sloyan in his writing, How do I Know I am Doing Right? Lists several checkpoints in forming an informed conscience. • An informed conscience enables one to act correctly and morally.
CHECKPOINTS AIDING IN THE ACHIEVEMENT OF AN INFORMED CONSCIENCE: • Have a pure intention. Be sincere. * Why do I want to do this action? * is my motivation selfish? * Is it for the sake of others? *Will this action benefit me or will it help me grow? * have I considered all the data or am I just acting on impulse?
Continued… • Consult the teaching of Jesus in the New Testament, the Prophets, Moses and Paul. Reflect on their teachings’ meanings. * Am I aware of the ethical teachings of Jesus? * Am I aware of the Ten Commandments? * Am I aware of the position of the Church?
Continued… • Every authentic response to God and a neighbor is a response of love- a real self-sacrificing attempt to meet others and God. * How will this action of mine measure to the yardstick of love? * Is my concept of love more than just a “feeling”? * Do I realize that love consists of giving as well as receiving?
Continued… • Consult the people of God where Christ and His Spirit reside. * What are the teachings and beliefs of bishops, theologians, holy and learned men, the brotherhood of believers? * Do I even care what these teachings are? * Do I consult them? * Do I even bother to ask other Christians for their opinion?
Continued… • Follow the debates on great moral issues (e.g. pre-marital sex, abortion,etc.) and find out the position of the Church on these issues. • Pray for God’s guidance in all our actions. Doing the right thing with God’s help bring us calm and peace. • Be sorrowful for our sinfulness, not just for our sins. Confess them fully and humbly for God is always willing to claim us back as His own and shower us His abundant love again. Repent.
Freedom Conscience Individual “is not to be forced to act in a manner contrary to his conscience. Nor is he to be restrained from acting in accordance with his conscience (declaration of Vatican II, DH3)
DOUBLE EFFECT • Often used in the analysis of the moral aspect of controversial human acts • Commonly called upon to evaluate medico- moral problems • Also known as the voluntary indirect principle Important Terms to Remember: Finis operantis - purpose or intention of the agent. Finis operis - the purpose of the action.
4 Conditions of Double Effect • The action itself must be morally good or at least indifferent • The good effect must precede the evil effect or at least be simultaneous with it. • The intention of the agent should be directed towards the good effect, never to the evil effect. • Proportionality: the good effect must be more important than or at least equal to the bad effect.
TOTALITY • it rests on the proposition that the whole is more important than its parts.
EPIKEA • also known as epikia or epiky • an interpretation of the human law not according to its letter but according to its spirit for the border cases which have not sufficiently been taken into consideration by positive law. St. Thomas - regards epikeia as a virtue, the daughter of prudence and equity. Bernard Haring 1985 - points out that epiky inclines one to accept the burden and strain beyond the letter of the law if its intent and purpose and the common good demands it, as to hold oneself free from onus.