You are on page 1of 27

Human Acts are directed to their true

end by LAW, and LAW is applied by


CONSCIENCE.


Hence LAW and CONSCIENCE are
directives or Norms of Human Acts.

DEFINITION

LAW as an ordinance of reason,
promulgated for the common good by
one who as charge of a society
-St.
Thomas


Example:
An active and authoritative ordering
or directing of human acts in
reference to an end to be attained
by them.
A LAW comes from the will of the lawgiver, but
from his reasonable will.

A LAW must be reasonable; J UST, HONEST,
POSSIBLE OF FULFILLMENT, USEFUL,
PERMANENT and PROMULGATED.

To be reasonable, to be a true law.
EXAMPLE:

Made known to those bound by it, and
these are called its subjects. This is a
requirement of law as reasonable, as
already explained. By promulgation a law
is put in application as an authoritative
ordinance.

This is the purpose of the law

A Law also differs from a precept in the fact that a
law is territorial and applies to subjects only
while the are in certain place.

Percept an ordinance issued by public or private
authority for the particular or private good of
one or several persons.

- Personal and binds its subjects wherever
they may be.



A Law, then, is for the common or public good.
This is the purpose of law. Law is not meant
to impose hardship or needless restriction
upon its subjects, but to promote their good,
and hence to protect and promote true liberty
among them.

To protect and promote true freedom among
members of society in common, by insuring
the unhampered and unthwarted exercises of
free acts which will carry man forward to is
proper end.



Law is for the common good, and
supposes a commonality or community
of subjects; and a community is a
society.



ONE means a person; single human being or a
body of men united to form the governing power.
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

The Eternal Law


The Natural Law


Human Positive Law
GODs eternal plan and providence for the
universe.

Extends to all acts and movements in the
universe.

Of all bodily creation, MAN alone may refuse the
direction of the eternal law in matters of free
choice

Governs all things except human acts by
necessity, allowing the things governed no
choice in the matter; the same Eternal Law
directs human acts by Suasion.
Is the Eternal Law as known to man by his
reason.

DO GOOD AND AVOID EVIL

Has its proper sanction.
Law enacted by Church or State

An ordinance of reason, derived from the natural
law, or making a concrete and determinate
application of the natural law, promulgated for
the common good by a human agency in charge
of society.




PRACTICAL JUDGEMENT OF REASON UPON AN
INDIVIDUAL ACT AS GOOD AND TO BE
PERFORMED, OR AS EVIL AND TO BE AVOIDED.
REASONED CONCLUSION

BY PRINCIPLES WE MEAN THINGS KNOWN
WITH CERTAINLY

MORAL PRINCIPLES COME TO THE USE OF
REASON
IT HAS REFERENCE TO SOMETHING TO
BE DONE

THE REASONING PROCESS ALWAYS
ENDS IN A J UDGMENT, BUT NOT
ALWAYS IN A PRACTICAL J UDGMENT
THIS J UDGMENT HOWEVER, DOES NOT
INDICATE A COURSE OF ACTION (
PRACTICAL J UDGMENT), BUT
ENRICHES KNOWLEDGE BY THE
ADDITION OF A NEWLY RECOGNIZED
TRUTH (SPECULATIVE J UDGMENT).


J UDGEMENT THAT COMMANDS,
FORBIDS, ALLOWS OR ADVISES,
ACCORDING AS IT DECLARES AN
INDIVIDUAL ACT OBLIGATORY,
PROHIBITED, PERMISSIBLE, OR
PRUDENT.
J UDGMENT UPON AN INDIVIDUAL ACT AFTER
IT HAS BEEN PERFORMED OR OMITTED.

BEFORE ACTION, CONSCIENCE J UDGES AN
ACT AS GOOD AND TO BE PERFORMED, OR
AS EVIL AND TO BE OMITTED.

AFTER ACTION, CONSCIENCE IS A
J UDGMENT OF APPROVAL OR
DISAPPROVAL.
I. WHEN CONSCIENCE IS A J UDGMENT IN
ACCORDANCE WITH FACT, THAT IS, WHEN IT
J UDGES AS GOOD THAT WHICH IS REALLY
GOOD, AND AS EVIL THAT WHICH IS REALLY
EVIL, THEN IT IS CORRECT OR TRUE.

CONSCIENCE THAT IS NOT TRUE IS
ERRONEOUS.
CONSCIENCE THAT IS ERRONEOUS WITHOUT
THE KNOWLEDGE OR FAULT OF THE AGENT IS
CALLED INVINCIBLY ERRONEOUS OR
INCULPABLY ERRONEOUS.
CONSCIENCE THAT IS ERRONEOUS THROUGH
THE AGENTS FAULT, IS CULPABLY
ERRONEOUS.
II. WHEN CONSCIENCE IS AN ALTOGETHER FIRM
AND ASSURED J UDGMENT, IN WHICH THE AGENT
HAS NO FEAR WHATEVER OF BEING ERROR, IS
CALLED CERTAIN CONSCIENCE

CONSCIENCE THAT IS NOT CERTAIN, IS CALLED
DOUBTFUL OR DUBIOUS CONSCIENCE.

IF DOUBT CONCERNS THE EXISTENCE OR
APPLICABILITY OF A LAW OR MORAL PRINCIPLE IS
CALLED SPECULATIVE.

WHEN CONSCIENCE IS DOUBTFUL, BUT
GROUNDED UPON SOLID REASONS, IT IS CALLED
PROBABLE CONSCIENCE, AND THE AGENT IS SAID
TO HAVE PROBABLE OPINION.

TO FORM ONES CONSCIENCE IS TO GET RID
OF DOUBT AND ACHIEVE CERTAINTY

IN MATTERS OF CONSCIENCE, IT IS NOT
POSSIBLE TO HAVE ABSOLUTE CERTITUDE.

REFLEX PRINCIPLE: A DOUBTFUL LAW DOES
NOT BIND




A LAW IS DOUBTFUL WHEN
THERE IS A SOLID AND PRUDENT
REASON FOR UNCERTAINTY AS
TO ITS EXISTENCE OR
APPLICABILITY IN A GIVEN CASE.
A CERTAIN CONSCIENCE IS TO BE OBEYED,
EVEN WHEN INVINCIBLY ERRONEOUS

IT IS NEVER LAWFUL TO ACT WHILE IN
PRACTICAL DOUBT; MORAL CERTAINTY
MUST BE ACQUIRED.

ONLY WHEN DIRECT MEANS ARE
UNAVAILABLE, OR FAIL TO LEAD TO
CERTAINTY, MAY ONE EMPLOY THE REFLEX
PRINCIPLE THAT A DOUBTFUL LAW DOES
NOT BIND

IN QUESTION OF THE LAWFULNESS OR
UNLAWFULNESS OF AN ACT TO BE
PERFORMED OR OMITTED---DIRECT
CERTAINTY BEING UNACHIEVABLE, AND THE
REFLEX PRINCIPLE BEING EMPLOYED---ONE
MAY FOLLOW ANY SOLIDLY PROBABLE
REASON (OPINION), EVEN TO THE NEGLECT OF
A MORE PROBABLE ONE.

ONE MAY NOT FOLLOW A PROBABLE OPINION,
EVEN A MOST PROBABLE OPINION, WHEN
THERE IS QUESTION OF A DEFINITE END TO BE
ACHIEVE, AND SURE MEANS TO ITS
ACHIEVEMENT EXIST.

You might also like