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.