8 impediments of voluntariness.pptx

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    IMPEDIMENTS TOMORALITY

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    IMPAIRMENTS TO HUMAN FREEDOM AREREALITIES

    WITH WHICH ETHICS AND JURISPRUDENCEHAVE TO RECKON CONCERNING THE

    MORALITY OF THE HUMAN ACT

    IMPAIRMENTS OF REQUIRED KNOWLEDGE

    IGNORANCEERROR

    INATTENTION

    IMPAIRMENTS TO FREE CONSENTPASSION

    FEAR AND SOCIAL PRESSURESVIOLENCE

    DISPOSITIONS AND HABITS

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    IGNORANCE

    Positive Ignorance

    lack of knowledge thatis required of the

    person Negative Ignorance

    lack of knowledge for it has no importance tothe person

    lack of knowledge w hich man should have of hismoral duties

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    DEGREES OF POSITIVE IGNORANCE

    Invincible Ignorance – that which cannot be overcomeby t he per son because:he does not realize his own st ate of ignoranceit is almost impossible for him to acquire proper

    knowledge of the m atter

    1 st P rinciple : “Invincible I gnorance m akes an actinvoluntary thus t he a gent is r esponsible f or t he sa id act.”

    Example : T he s peed limit in China i s written in Chinese.

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    IGNORANCE

    Ignorance i !ac" o#"no$!e%ge

    a&o'( a ()ing in a &eingca*a&!e o# "no$ing+Ignorance i %i,i%e% a

    in,inci&!e an% ,inci&!e+

    INVINCIBLE IGNORANCE

    THAT IGNORANCE WHICH A MANIS NOT A-LE TO DISPEL

    -Y SUCH REASONA-LE DILIGENCE

    THIS COMPLETELY TAKES AWAYTHE VOLUNTARINESS OF THE

    MALICE AND HENCE ITSRESPONSI-ILITY TOO+

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    DEGREES OF POSITIVE IGNORANCE

    Vincible Ignorance – that which can be removed byordinary e fforts I f hardly any effort is u sed to d ispelignorance

    2 nd Principle : “For as l ong a s all the n ecessary eff orthas bee n exerted, vincible i gnorance m ay lessen thedegree of culpability of the h uman act.”

    Example : Y ou are driving in Manila, so you must know that there is color-coding.

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    DEGREES OF POSITIVE IGNORANCE

    Affected Ignorance – occurs when a personpositively wants to be ignorant in orderto p lead innocent to a charge of guilt (withmalice)

    3 rd Principle : “Affected or Pretended Ignorancedoes not excuse a p erson from hisbad actions; on the contrary it actually increasestheir m alice.”

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    VINCIBLE IGNORANCE

    IGNORANCE THAT CAN -E DISPELLED

    THIS DOES NOT TAKE

    AWAY CULPA-ILITY AS IT IS VOLUNTARY INCAUSE

    OR IS PROVOKED -Y

    CONSCIOUSNEGLIGENCE OR EVEN-AD WILL

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    PRINCIPLES THAT APPLY TO IGNORANCE AND ITSRESPONSIBILITY

    INVINCIBLE IGNORANCEPREVENTS THE HUMAN ACTFROM -EING VOLUNTARY IN REGARD

    TO THAT WHICH IS NOT KNOWN

    VINCIBLE IGNORANCEDOES NOT TAKE AWAY THE VOLUNTARINESS

    DIMINISHES VOLUNTARINESS.AS LONG AS THE IGNORANCE IS NOT AFFECTED

    SIMPLE NEGLIGENCE OR LAZINESSDOES NOT USUALLY IMPLY A FULL CONSENTTO ALL THE POSSI-LE EVIL CONSE/UENCES

    WHICH MAY COME THEREFROM

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    SUPINE IGNORANCEIN A SERIOUS MATTER

    GENERALLY MAKES THE SIN GRAVE

    AFFECTED IGNORANCE

    DOES NOT DIMINISH GUILTBECAUSE THERE IS FULL CONSENT THERE ISFULL CONSENT

    TO THE SINFUL EFFECTS WHICH RESULT FORMSUCH IGNORANCE

    SIMPLE NEGLIGENCE OR LAZINESSDOES NOT USUALLY IMPLY A FULL CONSENTTO ALL THE POSSIBLE EVIL CONSEQUENCES

    WHICH MAY COME THEREFROM

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    EXAMPLES

    A businessman heard talaw on taxes t hat was j ust approved. Heintentionally did not read about it so h edoes n ot have to follow the n ew laws. Is

    the businessman responsible? YES

    4. A team of government inspectors visited

    a factory t o nd out if they com ply w ithlabor l aws. Upon arrival, they w eretreated to lunch by the ow ner. Theyreported that they d id not see an yviolations. Are t he inspectors resp onsible? YES

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    ERROR

    FALSE JUDGMENT OR CONVICTION

    IT ARISES FROM DEFICIENTEDUCATION,

    BAD COMPANY OR

    MISLEADING INFORMATION

    ONE IS NOT RESPONSIBLEFOR THE CONSEQUENCES

    OF ERROR MADE IN GOODFAITH

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    INATTENTIONREFERS TO MOMENTARY

    DEPRIVATION OF INSIGHTIF ATTENTION IS COMLETELY LACKING,

    THERE IS NO HUMAN ACTBUT ONE IS RESPONSIBLE TO THE EXTENT

    THAT THE ACT IS VOLUNTARY IN CAUSE

    PASSION OR CONCUPISCENCE

    A MOVEMENT OF THESENSITIVE APPETITE WHICH IS

    MOVED-Y THE GOOD OR EVILAPPREHENDED -Y THE

    IMAGINATIONMOVEMENT OF THE SENSITIVE APPETITETHAT PRECEDES THE FREE DECISION OF THE WILL

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    PASSION

    Strong tendencies t owards t he p ossession ofsomething good or towards the avoi dance ofsomething evil . 11 chief passions:

    lovehatred

    joyhorror or dreaddesiresadnessdespairhopecouragefearanger

    Passions are not become badwhen NOT controlled by reason.

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    PASSIONS MAY EITHER BE GOOD, BAD,SPONTANEOUS, PREMEDITATEDDEPENDING ON CIRCUMSTANCES

    Good- when ordered by the rationalwill help man in the p ractice ofvirtue or t he a ttainmentof morally good

    Antecedent Passions- passions t hat are eli cited or a rise b efore it iscontrolled by the w ill

    - spontaneous

    BAD- when used by therational will to accomplishmorally evil actions

    Consequent Passion -passionsthat are al ready passed through theintellect and controlled

    by the w ill

    -premeditated

    Example : hatred uponseeing your father h urt

    your mother .

    Example: You keep on thinkingabout how your boyfriend hurtyou, so you plan something to

    hurt him back.

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    PRINCIPLES ON PASSION

    Antecedent passion lessen s vol untariness, andtherefore lessens re sponsibility.

    Consequent passion increases vol untariness,and therefore increases responsibility.

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    Two (2) Types of Concupiscence

    0+An(ece%en( Conc'*i cence1 ari e *on(aneo' !2 &e#ore ()e *re,io' 3'%g4en( or rea on an% &e#ore ()e $i!!con(ro! ()e *re,io' 3'%g4en( o# rea onan% &e#ore ()e $i!! con(ro! ()e* 2c)o!ogica! i('a(ion

    -. Prece%e ()e ac( o# ()e $i!! an% i no($i!!#'!!2 (i4'!a(e% &2 ()e $i!!-. Le en ()e #ree%o4. an% )ence. ()e

    re *on i&i!i(2 o# ()e agen( &eca' ean(ece%en( *a ion (en% (o &!in% ()e

    3'%g4en( o# ()e in(e!!ec( an% &!oc" ()e#ree%o4 o# ()e $i!!

    E5a4*!e 6 '%%en #ee!ing o# 3o2. )a(re%.

    *i(2. grie#. anger. e(c+ a reac(ion (o

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    DIVISIONS OF PASSIONS

    CONCUPISCIBLE

    PASSION THROUGH WHICH THE SOUL IS SIMPLY INCLINED TO SEEK WHAT IS SUITA-LEACCORDING TO THE SENSES.

    AND TO FLY FROM WHAT IS HURTFUL+

    IRASCIBLEWHERE-Y AN ANIMAL RESISTS THE ATTACKS OF

    ANY AGENTSTHAT HINDER WHAT IS SUITA-LE AND INFLICT

    HARM<AND THIS IS CALLED THE IRASCI-LE.

    ITS O-JECT IS SOMETHING ARDUOUS.

    -ECAUSE ITS TENDENCY IS TO OVERCOME ANDRISE A-OVE O-STACLES+

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    FEAR

    IS MENTAL TREPIDATIONDUE TO AN

    IMPENDING E VILIT IS FEAR OF THE SENSES AN NOT

    INTE!!E"T#A! FEAR$HI"H IS ONE OF THE %ASSIONS

    INTE!!E"T#A! FEARFOR E&A'%!E THREAT OF TORT#REOES NOT (#STIF) ENIA! OF FAITH

    THE E'OTION OF FEAR$HI"H "O'%!ETE!) AR*ENS THE

    'IN OR %ARA!)+ES THE $I!!E&"#SES FRO' I'%#TA,I!IT)

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    FEAR

    a disturbance of the m indcause by t he t hought of athreatening evil.

    Acts done with fe ar or in spiteof f ear fear accompanies anact which in itself voluntary

    Acts done from or through fearor because of fear when aperson is t hreatened

    You go t o n ight clubs with yourboss because you are afraid youmight lose your j ob if you do n ot.

    Climbing a mountain

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    PRINCIPLES: EFFECTS OF FEAR ON THEVOLUNTARINESS OF HUMAN ACTS

    Acts done with fear a re voluntary (although they m ay n ot be p leasant)

    Acts done from fear or through fear or“disturbance of the m ind,” in a certain senseis involuntary for t he a gent is ob liged to ch ooseto avoid the greater e vil. It lessens t hevoluntariness b ut it does n ot destroy i t.

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    wo ypes of Fear :

    Grave Fear – aroused by the p resence ofa danger that is regarded by most

    people a s serious

    Sl !"# Fear – aroused by danger that isnot serious and a grave danger that

    is not very probable

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    VIOLENCECOMPULSIVE INFLUENCE -ROUGHT TO -EAR

    UPON ONEAGAINST HIS WILL -Y SOME E=TRINSIC

    AGENT+

    VIOLENCE IS CAUSED -Y SOME PHYSICAL ORPSYCHIC AGENTTHERE IS NO IMPUTA-ILITY.E=CEPT INSOFAR AS THE

    INNER WILL MAY HAVECONSENTED

    OR E=TERNAL RESISTANCEHAVE FALLEN SHORT

    OF THE DEGREE NECESSARYAND POSSI-LE IN THE

    CIRCUMSTANCE

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    INTERNAL RESISTANCE IS ALWAYSNECESSARY

    WHILE E=TERNAL RESISTANCE MAY NOT ALWAYS-E CALLED FOR

    IT IS RE/UIRED ONLY TO THE E=TENTTHAT IT IS FORESEEN TO -E EFFICACIOUS

    IN PREVENTING ACTION OR FORESTALLINGSCANDAL

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    VIOLENCE

    application of external force o n a person byanother f ree a gent for t he p urpose (Compulsion)of compelling h im to do something a gainst hiswill.

    Principle :“Physical Actions r esulting fromviolence are involuntary b y themselves.”

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    EXAMPLESA woman resists three r apists as much as s hecan, and is overpowered.

    You resist, but not t o the f ull extent that you

    can, then you are st ill responsible, but not fully .

    Example:

    Two su spicious l ooking people k nock on yourfront door.You refuse o op en it,butwhen they

    insistyouopenthe d oor anyway, and they r ob

    the h ouse.

    You do not resist because i t

    would be u selessanyway, then you are NOTresponsible.

    Example:

    While ri ding a jeepney, aperson points a g unto you and he t ells you tocollect al l the C ell phones o fthe ot her passengers.

    A person is beaten up until heis f orced to l ieduring a police i nvestigation.

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    HABITS

    -a constant and easy way of doing t hings a cquiredby the r epetition of the sa me a ct

    **What is important is the EFFORT of theperson to free h imself from the h abit**Culpability of acts f rom habit increases ordecreases depending upon the effort exerted

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    HABIT

    Can be a virtue or a vice. A vice does

    Example : I spit on the oor ou t of habit.

    A vice ca n lessen resp onsibility if one i s t rying tocorrect i t.

    Example : I am trying t o correct my habit of

    saying bad words.

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    HA-ITS

    FACILITY AND READINESS OFACTING IN A CERTAIN MANNERACQUIRED BY REPEATED

    ACTS

    DELIBERATELY ADMITTEDHABITS DO NOT LESSEN

    VOLUNTARINESS

    AND ACTIONS RESULTINGTHEREFROM

    ARE VOLUNTARY ATLEAST IN THEIR CAUSE

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    OPPOSED HA-ITSLESSEN VOLUNTARINESS

    AND SOMETIMEPRECLUDE ITCOMPLETELY

    THE REASON IS THAT

    HA-IT WEAKENSINTELLECT AND WILLIN A THE CONCRETE

    SITUATION IN A SIMILARWAY+

    Sources:

    • Chri !i"# E!hi$ %M&r"' Th(&'&)* i# !h( Li)h! &+ V"!i$"# II - R(./ Dr/ K"r' H/ P( $h0(, SVD

    • Chri !i"# M&r"'i!* i# C!(12&r"r* S&$i(!* -E !(3"#S"'i3"*, Jr/

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    CLASS ACTIVITY

    1. Divide i nto g roups of 5

    2. Think of one situationfoModiers ofHuman Act.

    • It should show that the resp onsibility ofperson changes because ofthe m odier.

    3. Describe e ach situation in the cl ass.

    Example : A waiter in a restaurant did not issue a receipt to a customer.He d id t his because he was told n ot to do it, and h e feared l osing h is job.( Modier is fe

    4. Each situation is w orth 5 points.

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