the norms of human acts
TRANSCRIPT
-
8/11/2019 The Norms Of Human Acts
1/27
-
8/11/2019 The Norms Of Human Acts
2/27
-
8/11/2019 The Norms Of Human Acts
3/27
Human Acts are directed to their true
end by LAW, and LAWis applied by
CONSCIENCE.
Hence LAW and CONSCIENCE are
directives or Norms of Human Acts.
-
8/11/2019 The Norms Of Human Acts
4/27
DEFINITION
LAW as an ordinance of reason,promulgated for the common good by
one who as charge of a society
-St.
Thomas
-
8/11/2019 The Norms Of Human Acts
5/27
Example:
An act ive and author i tat ive order ingor di rect ing of human acts in
reference to an end to be attained
by them.
-
8/11/2019 The Norms Of Human Acts
6/27
A LAW comes from the wi l l of the lawgiver, bu t
f rom his reasonable wi l l .
A LAW mus t be reasonable; JUST, HONEST,
POSSIBLE OF FULFILLMENT, USEFUL,
PERMANENT and PROMULGATED.
To be reasonab le, to be a true law.
-
8/11/2019 The Norms Of Human Acts
7/27
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 authoritativeordinance.
-
8/11/2019 The Norms Of Human Acts
8/27
This is the purpose of the law
A Lawalso differs from a preceptin the fact that alaw is territorial and applies to subjects onlywhile the are in certain place.
Perceptan ordinance issued by public or privateauthority for the particular or private good of
one or several persons.
- Personal and binds its subjects whereverthey may be.
-
8/11/2019 The Norms Of Human Acts
9/27
A Law, then, is for the common or publ ic good .This is the purpose of law. Law is not meant
to impose hardsh ip o r needless rest r ic tion
upon i ts subjects , bu t to promote their good,
and hence to pro tect and promote true libertyamong them .
To p rotect and promote true freedom amongmembers of soc iety in common, by insur ing
the unhampered and unthwarted exerc ises of
f ree acts which w i ll carry man forward to is
proper end .
-
8/11/2019 The Norms Of Human Acts
10/27
Law is for the common good, andsupposes a commonality or community
of subjects; and a community is a
society.
-
8/11/2019 The Norms Of Human Acts
11/27
ONE means a person; single human being or a
body of men united to form the governing power.
-
8/11/2019 The Norms Of Human Acts
12/27
ACCORDING TO THEIR:
IMMEDIATE AUTHORDIVINE LAWS (FROM
GOD) DURATIONTemporal or Eternal
MANNER OF THEIR PROMULGATION
AS THEY PRESCRIBE AN ACT OR FORBID IT
THE EFFECT OF THEIR VIOLATION
-
8/11/2019 The Norms Of Human Acts
13/27
The Eternal Law
The Natural Law
Human Positive Law
-
8/11/2019 The Norms Of Human Acts
14/27
GODs eternal plan and providence for the
universe.
Extends to all acts and movements in theuniverse.
Of all bodily creation, MAN alone may refuse the
direction of the eternal law in matters of freechoice
Governs all things except human acts by
necessity, allowing the things governed no
-
8/11/2019 The Norms Of Human Acts
15/27
Is the Eternal Law as known to man by his
reason.
DO GOOD AND AVOID EVIL
Has its proper sanction.
-
8/11/2019 The Norms Of Human Acts
16/27
Law enacted by Church or State
An ordinance of reason, derived from the natural
law, or making a concrete and determinateapplication of the natural law, promulgated for
the common good by a human agency in charge
of society.
-
8/11/2019 The Norms Of Human Acts
17/27
PRACTICAL JUDGEMENT OF REASON UPON AN
INDIVIDUAL ACT AS GOOD AND TO BEPERFORMED, OR AS EVIL AND TO BE AVOIDED.
-
8/11/2019 The Norms Of Human Acts
18/27
REASONED CONCLUSION
BY PRINCIPLES WE MEAN THINGS KNOWN
WITH CERTAINLY
MORAL PRINCIPLES COME TO THE USE OF
REASON
-
8/11/2019 The Norms Of Human Acts
19/27
IT HAS REFERENCE TO SOMETHING TO
BE DONE
THE REASONING PROCESS ALWAYS
ENDS IN A JUDGMENT, BUT NOT
ALWAYS IN A PRACTICAL JUDGMENT
-
8/11/2019 The Norms Of Human Acts
20/27
THIS JUDGMENT HOWEVER, DOES NOT
INDICATE A COURSE OF ACTION (
PRACTICAL JUDGMENT), BUTENRICHES KNOWLEDGE BY THE
ADDITION OF A NEWLY RECOGNIZED
TRUTH (SPECULATIVE JUDGMENT).
JUDGEMENT THAT COMMANDS,FORBIDS, ALLOWS OR ADVISES,
ACCORDING AS IT DECLARES AN
INDIVIDUAL ACT OBLIGATORY,
PROHIB ITED PERMISSIBLE OR
-
8/11/2019 The Norms Of Human Acts
21/27
JUDGMENT UPON AN INDIVIDUAL ACT AFTER
IT HAS BEEN PERFORMED OR OMITTED.
BEFORE ACTION, CONSCIENCE JUDGES ANACT AS GOOD AND TO BE PERFORMED, OR
AS EVIL AND TO BE OMITTED.
AFTER ACTION, CONSCIENCE IS A
JUDGMENT OF APPROVAL OR
DISAPPROVAL.
-
8/11/2019 The Norms Of Human Acts
22/27
I. WHEN CONSCIENCE IS A JUDGMENT INACCORDANCE WITH FACT, THAT IS, WHEN IT
JUDGES 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 WITHOUTTHE KNOWLEDGE OR FAULT OF THE AGENT IS
CALLED INVINCIBLY ERRONEOUS ORINCULPABLY ERRONEOUS.
CONSCIENCE THAT IS ERRONEOUS THROUGHTHE AGENTS FAULT, IS CULPABLY
-
8/11/2019 The Norms Of Human Acts
23/27
-
8/11/2019 The Norms Of Human Acts
24/27
TO FORM ONES CONSCIENCE IS TO GET RID
OF DOUBT AND ACHIEVE CERTAINTY
IN MATTERS OF CONSCIENCE, IT IS NOTPOSSIBLE TO HAVE ABSOLUTE CERTITUDE.
REFLEX PRINCIPLE: A DOUBTFUL LAW DOES
NOT BIND
-
8/11/2019 The Norms Of Human Acts
25/27
A LAW IS DOUBTFUL WHEN
THERE IS A SOLID AND PRUDENT
REASON FOR UNCERTAINTY AS
TO ITS EXISTENCE OR
APPLICABILITY IN A GIVEN CASE.
-
8/11/2019 The Norms Of Human Acts
26/27
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 FA IL TO LEAD TO
CERTAINTY, MAY ONE EMPLOY THE REFLEXPRINCIPLE THAT A DOUBTFUL LAW DOES
NOT BIND
-
8/11/2019 The Norms Of Human Acts
27/27
IN QUESTION OF THE LAWFULNESS OR
UNLAWFULNESS OF AN ACT TO BE
PERFORMED OR OMITTED---DIRECT
CERTAINTY BEING UNACHIEVABLE, AND THEREFLEX 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.