ORDINANCE OF REASON
LAW ORDERS AND DIRECTS HUMAN ACTS TOWARDS THEIR END
LAW FLOWS FROM REASONABLE WILL: FROM THE ILLUMINED UNDERSTANDING OF THE WILL OF AN END
PROMULGATED FOR THE COMMON GOOD
LAW IS MADE KNOWN TO THOSE WHO ARE BOUND BY IT
LAW IS NOT MEANT TO IMPOSE HARDSHIPS OR NEEDLESS RESTRICTIONS
TRUE LAW TENDS TO MAKE MEN GOOD, LIBERATES MEN FROM PERVERSE AND MISTAKEN JUDGEMENTS
LEADS THEM TO THEIR ULTIMATE END
Contribution of Moral Laws
They provide the objective criteria for our own conscience to judge what is morally good or evil.
They help our moral development, especially in the formation of our conscience.
They offer the needed moral stability in our lives
They challenge us to stretch for an ideal beyond our limited experience, and correct our moral misconceptions in the process.
CFC 849
CLASSIFICATION OF LAWS:
ACCORDING TO IMMEDIATE AUTHORDIVINE LAWS HUMAN LAWS
ACCORDING TO DURATIONTEMPORAL LAWSETERNAL LAWS
ACCORDING TO MANNER OF PROMULGATIONNATURAL LAW POSITIVE LAW
ACCORDING AS THEY PRESCRIBE OR FORBID AN ACTAFFIRMATIVE LAWS
NEGATIVE LAWS
ACCORDING TO EFFECT OF VIOLATIONMORAL PENALMIXED
CLASSES OF LAW
ETERNAL LAWGOD’S ETERNAL PLAN AND PROVIDENCE FOR CREATION
ETERNAL LAW APPLIES TO ALL CREATURES AND DIRECTS THEM IN HARMONY WITH THEIR NATURE
Eternal Law
The plan of divine wisdom as directing all acts and movements.
(St. Thomas Aquinas) The universal law whereby God directs and
governs the universe and the ways of the human community according to His plan of wisdom and love.
Properties of Eternal Law Eternal and unchangeable Absolutely universal
MAN ALONE MAY REFUSE THE DIRECTION OF ETERNAL LAW
AS A BODILY BEINGMAN ACTS IN ACCORDANCE WITH PHYSICAL LAWS
IN MATTERS THAT LIE UNDER MAN’S FREE CONTROLMAN MAY REFUSE THE DIRECTION OF ETERNAL LAW
NATURAL LAW
THAT MORAL ORDER (A DIRECTIVE, ORDERING MAN TOWARDS ULTIMATE END)
WHICH ARISES FROM THE NATURE OF MAN AND CREATION AND WHICH CAN BE RECOGNIZED BY MAN’S REASON.
IT IS ALSO DIVINE NATURAL LAW BECAUSE ITS ORIGIN IS ULTIMATELY TRACED BACK TO THE WILL OF GOD
Natural Law
The rational creature’s participation in the eternal law.
St. Thomas Aquinas It is the Eternal Law as known to man by
his reason. There is a way human life should be lived
and this “should-ness” is grasped by reason.
Fundamental Expression of Natural Law Do good, avoid evil.
Properties of Natural Law
Universal It binds every man at all times and in all
places Unchangeable
There is a constant in human nature which remains throughout all historical and cultural change.
Obligatory and Indispensable Natural law is identical to God’s will. No
human authority may give a dispensation from it.
Recognizable It is knowable by all persons using their
critical reason.
Kinds of Law
Eternal Law Natural Law Positive Law
Divine Positive Law Ecclesiastical Positive Law Civil Positive Law
Evangelical or New Law
Positive Law
Laws created by human beings which can enjoin specific obligations upon individuals. Divine Positive Law Ecclesiastical Positive Law Civil Positive Law
HUMAN LAW
LAWS ENACTED BY CHURCH OR STATEECCLESIASTICAL LAW
CIVIL LAW
A HUMAN LAW DERIVES ITS BINDING FORCE FROM NATURAL LAW AND ULTIMATELY FROM ETERNAL LAW
A CONCRETE AND DETERMINATE APPLICATION OF NATURAL LAW
Properties of Human Law Enforceable
Has the coercive power of the law Concerned with external conduct only
External compliance with the law suffices to secure the social order and the common good.
Limited to particular groups Human laws oblige only those who are members
of the community for which the laws are enacted.
Historically conditioned Human laws change as societies and
civilizations change Has presumptive obligatory force
Presumption favors the duty to obey the law.
Evangelical or New Law: The Law of the Spirit
The New law is called a law of love because it makes us act out of love infused by the Holy Spirit, rather than from fear; a law of grace, because it confers the strength of grace to act, by means of faith and the sacraments; a law of freedom, because it sets us free from the ritual and juridical observances of the Old Law, inclines us to act spontaneously by the prompting of charity, and finally, lets us pass from the condition of a servant to that of a friend of Christ – or even to the status of son and heir (CCC 1972).
The content of this new law responds to the obligation of the Christian to shape his life according to Jesus Christ.
Just Law
Generally, an unjust law does not oblige.
Conditions of a Just Law It must promote the common good The burdens which the law imposes on
society must reflect an “equality of proportion.”
It must not exceed the power of its human authors.
Various notions of Conscience
Feeling of guilt, worry, dissatisfaction, restlessness or a feeling of “hiya” when they do something wrong.
Sincerity: to be “true to one’s self”: “I can do anything as long as it does not hurt anybody”
What “authorities” tell them to do: the laws of the government, the Church, the parents, the “barkada.”
CONSCIENCE
PRACTICAL JUDGMENT OF REASON UPON AN INDIVIDUAL ACTAS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED
THROUGH THE PROCESS OF REASONING, BASED ON MORAL PRINCIPLES, CONSCIENCE JUDGES AN ACT AS GOOD OR BAD.
JUDGMENT OF REASON
SYNDERESIS
ACQUIRED EQUIPMENT OF MORAL PRINCIPLESINTUITIVE KNOWLEDGE OF RIGHT AND WRONG (Dictate of one’s conscience)
THE STARTING POINT OF THE REASONING PROCESS WHICH ENDS IN THE JUDGMENT OF CONSCIENCE
WHEN WE ARE CONFRONTED WITH POSSIBLE COURSE OF ACTIONWE COMPARE IT MENTALLY WITH MORAL RINCIPLES
AND ARRIVE AT A CONCLUSION WHETHER THE ACT IS GOOD OR BAD
Two basic element of conscience
1. Moral judgment that discerns what is right and wrong.
2. Moral obligation or command to do good and avoid evil
CONSCIENCE IS A PRACTICAL JUDGMENT
• REFERENCE TO AN ACTION THAT NEEDS TO BE DONE OR AVOIDED
• IT IS A REASONING PROCESS THAT ALWAYS ENDS IN JUDGMENT
THAT COMMANDS, FORBIDS, ALLOWS, ADVISES
• CONSCIENCE IS A DICTATE: “DO THIS, DO THAT”
CONSCIENCE IS A JUDGMENT UPON AN INDIVIDUAL ACT TO BE PERFORMED OR OMMITTED IN THE PRESENT CIRCUMSTANCE
BEFORE THE ACTIONCONSCIENCE JUDGES AN ACT AS GOOD TO BE PERFORMED OR EVIL TO BE AVOIDED
AFTER THE ACTIONCONSCIENCE IS A JUDGMENT OF APPROVAL OR DISAPPORVAL
STATES OF CONSCIENCE
CORRECT OR TRUE CONSCIENCEWHEN IT JUDGES AS GOOD THAT WHICH IS GOOD
AND EVIL THAT WHICH IS EVIL
CERTAIN CONSCIENCEWHEN CONSCIENCE IS FIRM AND ASSURED
WHEN THE AGENT HAS NO FEAR OF BEING IN ERRORMUST BE OBEYED AT ALL TIMES
DOUBTFUL CONSCIENCEWHEN THE AGENT IS AWARE OF THE POSSIBILITY OF ERRORIT NOT ALLOWED TO ACT IN A STATE OF PRACTICAL DOUBT
THE DOUBT MUST BE RESOLVED AND REPLACED WITH CERTITUDE
FORMATION OF CONSCIENCETO FORM ONE’S CONSCIENCE MEANS TO GET RID OF DOUBT
AND ACHIEVE CERTAINTY
TO REASON OUT THE RIGHT AND WRONG OF A GIVEN SITUATION
MORAL CERTITUDE IS SUFFICIENT AND REQUISITE FOR THE GUIDANCE OF THE CONSCIENCE-JUDGMENT
IT IS POSSIBLE TO ACHIEVE MORAL CERTITUDE DIRECTLY OR INDIRECTLY