Freedom and Moral Act

D. Freedom and Moral Act

1. The Morality of Human Acts

I. HUMAN ACTS and ACTS OF MAN

II. CONSTITUENT PRINCIPLES OF HUMAN ACTS

III.DETERMINANTS/SOURCES OF MORALITY

IV.MODIFIERS OF HUMAN ACT

MAN AS THE ACTING PERSONThe Morality of Human Acts

I. HUMAN ACTS and ACTS OF MANHUMAN ACTS

ACTUS HUMANI

ACTS THAT PROCEED FROM REASON AND FREE WILL

RIGHTLY CALLED PERSONAL ACTS

ACTS OF MANACTUS HOMINIS

ACTIONS WHICH ARE PERFORMED WITHOUT THE INTERVENTION

OF THE INTELLECT AND THE FREE WILL

THEY COMPRISE ALL SPONTANEOUS, BIOLOGICAL AND SENSUAL PROCESSES

INDELIBERATE, INVOLUNTARY, NOT FREE, NOT UNDER ONE’S CONTROL, AND BEYOND THE MIND AND WILL

CALLING

KISSING

PUTTING MOBILE PHONE IN A CUP OF COFFEE

ACTS of MANACTUS HOMINIS

More Examples: falling in love crying beating of the heart digestion actions of a child who has not come to the use of reason actions while asleep all spontaneous reactions actions of (really) drunken person

II. CONSTITUENT PRINCIPLES OF HUMAN ACTS

1. Knowledge

(Essential Conditions)

Freedom is the ability to act without restraint.

In the context of internal control, freedom is also known as self-determination, individual sovereignty, or autonomy.

2. Freedom

When an object is proposed, the will, on account of its unlimited scope,

may love or hate, embrace or reject it.

Whenever there is deliberation in the understanding,

there is freedom in the will, and the consequent act is free; vice versa, whenever an act proceeds from the will

without deliberation, it is not free.

III. DETERMINANTS/Sources OF MORALITY1. THE OBJECT / THE ACT ITSELF

FINIS OPERIS

THE OBJECT IS THE ACT OF THE WILL.It is the primary source for the judgment of an action

The action or the deed itselfThe matter of human actThe object chosen is a good toward which the will deliberately directs

itself.

2. CIRCUMSTANCES

THE CONDITIONS OUTSIDE THE ACT (not part of the act)

that influence or affect the act by increasing or lessening its VOLUNTARINESS or freedom thus AFFECT THE

MORALITY OF THE ACT

These CIRCUMTANCES are:

1. the PERSON (it answer the questions:) WHO?

2. the PLACE WHERE?

3. the TIME WHERE?

4. the MANNER HOW?

5. the CONDITION of the Agent WHY?

6. the THING ITSELF WHAT?

7. the MEANS BY WHAT MEANS?

1. The Circumstance of Person

2. The Circumstance of Place

3. The Circumstance of Time

4. The Circumstance of Manner

5. The Condition of the Agent

6. The Circumstance of the Thing Itself

7. The Means

CIRCUMSTANCE

EXAMPLES

Circumstance of PERSON - refers to the doer (agent) of the act and the receiver or person to

whom the act is done.

1. An act of giving aid to orphans is GOOD, but if it is done by a Metro Aide (who is poor himself)

the good ACT becomes better or more meritorious than if it is done by a big-time businessman who earns millions of pesos a week.

EXAMPLESCircumstance of PERSON

2. Stealing from a beggarKilling the pope or president (by the virtue of the positions)

the bad ACT becomes worse by reason of the person to whom the act is done.

EXAMPLES

Circumstance of PLACE

- Refers to the particular space or locality where the act is done or performed

1. Creating scandal inside the churchCreating scandal outside the church

the bad ACT can become worse, when it is done in particular place.

EXAMPLESCircumstance of TIME

- Refers to the exact or definite moment or hour when the act is performed.

1. Fasting during Ash Wednesday/Good Friday

2. Sleeping in the classroom during exam

the good ACT can becomes better, or a bad act becomes worse by reason of the time when the act is performed.

EXAMPLES

Circumstance of MANNER

- Refers to the WAY THE AGENT manage to do his act.- “how did the agent do the act?”

-A young man manages to have sexual relationship with a young woman who is not his wife by making her believe in his false promise of marriage

EXAMPLESCondition of the AGENT

-“In what condition was the agent when he/she performed the act how did the agent do the act?”

- “was the agent ignorant or influenced by fear, habits, emotions, etc.?”

1. Failure to attend Mass on Sunday

Bad in itself, but if a person is invincibly ignorant that it is Sunday and fails to attend Mass, there is no sin committed.

EXAMPLESCircumstance of the THING ITSELF

- Denotes the special quality of the object

1. The money stolen is P1M vs P1

2. Object stolen is a famous relic (like the crown of Sto. Nino) vs. ballpen

3. Object desecrated is the statue of Rizal vs. picture of popeye

EXAMPLESThe MEANS

- “By what means?” and “By whose help?”

1. A person robs a bank with help of the bank’s security personnel

( an inside-job robbery)

3. THE END INTENDED BY THE AGENT / INTENTIONFINIS OPERANTIS

THE REASON FOR WHICH THE AGENT UNDERTAKES THE ACT

The movement of the will toward the end

It is an essential element to the moral evaluation of an action

It is the objective of the act

The reason or the intention for doing an act.

INTENTION

1. An act which is good in itself and is done for a good end becomes doubly good

2. An act which is bad itself and is done with a bad end becomes doubly bad

3. An act which is good itself and is done with a bad intention becomes bad.

4. An act which is bad itself and is done with a good end does not become good

5. An indifferent act which is done for a good end becomes good.

6. An indifferent act which is done for a bad becomes bad.

Intention

An act which is good in itself and is done for a good end becomes doubly good

1. Good action + good intention_____________ = doubly good

Ex. He gave money to the poor to alleviate their suffering

An act which is bad itself and is done with a bad end becomes doubly bad

2. Bad action+ bad intention__________= doubly bad

Ex. He accepted a bribe so that he could continue his vices.

Intention

An act which is good itself and is done with a bad intention becomes bad.

3. Good action + bad intention_____________ = bad/evil

Ex. The governor went to the flood victims so that the reporter would report of his kindness

An act which is bad itself and is done with a good end does not become good

4. Bad action+ good intention__________= bad/evil (lesser guilt)

Ex. He cheated in the exam so that he will not be debarred.

KINDS OF VOLUNTARY ACTS

1. PERFECTLY VOLUNTARY ACT

IS AN ACT WHICH IS PERFORMED WITH FULL ATTENTIONAND FULL CONSENT OF THE WILL.

2. IMPERFECTLY VOLUNTARY

IS AN ACT IF ATTENTION OR CONSENT OF THE WILL

OR BOTH TOGETHER ARE IMPERFECT

Thus a person who acts under the influence of FEAR may act with full attention but with imperfect consent.

IV. MODIFIERS OF HUMAN ACTSFactors which may affect any of the constituents VOLUNTARY

human acts

These factors may diminish one’s culpability (guilt, fault, responsibility, blameworthiness)

These are obstacles affecting the voluntariness of human acts

IMPAIRMENTS OF REQUIRED KNOWLEDGE:1. IGNORANCE

1.1. invincible (unconqerable)1.2. vincible

IMPAIRMENTS TO FREE CONSENT:2.PASSION/ CONCUPISCENCE3.FEAR AND SOCIAL PRESSURES4. VIOLENCE5. DISPOSITIONS AND HABITS

1. IGNORANCE

Ignorance is merely the lack or absence of knowledge of a person capable of knowing a

certain thin or things.

TWO types: invincible and vincible.

- INVINCIBLE IGNORANCE

AN IGNORANCE WHICH cannot be clear up (or dispelled), or KNOWLEDGE THAT IS LACKING AND CANNOT BE ACQUIRED.

No VOLUNTARINESS OF THE MALICE AND HENCE NO RESPONSIBILITY TOO.

EXAMPLE

A driver who does not know the speed limit along the highway will rev up or accelerate at a speed above the limit.

Impossible for the individual to remove his IGNORANCE because he has no way of suspecting that he is IGNORANT

EXAMPLE

Dr. Makabuhay is seriously ill and knows that he should take some medicine or apply different methods of treatment.He does all he can to learn what he should do, but with no success

His IGNORANCE about the proper remedies is INVICIBLE

EXAMPLE

A negrito who has been living all his life in the mountains, and who happens to come to Manila for first time, and violates traffic laws.

Not held responsible for violating the LAW

SUMMARY: Invincible ignorance = lacking in knowledge, and such lack of knowledge is NOT responsibility of the AGENT.

- VINCIBLE IGNORANCE

Ignorance that which CAN AND SHOULD BE DISPELLED

This implies CULPABLE NEGLIGENCE

Kinds of VINCIBLE ignorance: 1. simple, 2. crass, 3. affected

EXAMPLE

One doubts whether on MONDAY there would be quiz or not. He asks a classmate but his classmate has a doubt also. He can get rid of his doubt if he asks his prof. or asks their class president. But he does not take the trouble of inquiring any of them.

1. SIMPLE vincible– one uses some, but NOT enough diligence in an effort to remove

ignorance.

The ACTION is culpable, however, culpability is LESSENED by the presence of ignorance

EXAMPLE

Dr. Masipag discovers in his patient certain symptoms which he does not recognize. Because of laziness – though he can easily consult his medical books and fellow physicians – Dr. Masipag makes no attempt to ascertain the nature of the disease indicated by those symptoms.

2. CRASS or supine vincible– a kind of ignorance which, though not directly willed, could and

should be cleared up, but left wholly undisturbed.

The culpability is LESSEN yet makes one gravely culpable if it concerns a matter of GRAVE importance.

EXAMPLE

A cfad student is doubtful whether their Philo prof will have a long quiz today or not. In order that she may NOT know the schedule, she hides her notebook in PHL 5 and her diary where her daily school activities are listed. This is done so that she can use the excuse that she does not know that there is NO QUIZ.

3. AFFECTED vincible – which is deliberately fostered in order to avoid any obligation that knowledge might bring to light.

Not lack of knowledge and deliberate unwillingness to dispel her ignorance

In regard to MATTER of serious importance is GRAVELY culpable

SUMMARY:

Invincible ignorance – no responsibility or culpability

(w/o knowledge = no voluntariness)

Vincible ignorance – do not eliminate MORAL RESPONSIBILLITY but LESSENS

/GRAVER it(negligence & omission)

2. PASSION OR CONCUPISCENCE

A MOVEMENT OF THE SENSITIVE (irrational) APPETITE WHICH IS produced

BY THE GOOD OR EVIL APPREHENDED BY THE mind

MOVEMENT OF THE

SENSITIVE APPETITE

THAT PRECEDES THE FREE

DECISION OF THE WILL

Passion = feelings & emotions

TWO types OF PASSION/CONCUPISCENCE

1. ANTECEDENT – arises spontaneously before the previous judgment of reason& before the will controls the psychological situation.

2. CONSEQUENT – which is DELIBERATELY aroused by the will to ensure a more prompt and willing operation.1. Carlo is bullied by his classmate since then they were in their high school days. By continuously imagining over an insult, Carlo build up such a state of frenzy that he finally attacks and kills his classmatesc

2. A boy who is in danger of being drowned suddenly becomes panic-stricken and forcibly seizes a companion who also drowns.

3. Maria loves Pedro so much, such that in a moment of salvage rage, Maria, who is so jealous, kills Pedro.

3. FEARA MENTAL AGITATION OF DISTURBANCE BROUGHT

ABOUT BY THE APPREHENSION OF SOME PRESENT OR IMMANENT DANGER

TWO types OF FEAR:1. Grave fear – aroused by the presence of a danger regarded as

SERIOUS.ex. Fear of death, or loss of a leg

2. Slight fear – aroused by less or not serious which can be easily avoided.ex. Fear of losing one’s coin purseex. Fear of death when riding a plane on a slightly misty day (not probable)

This DANGER may be bodily injury, loss of reputation or riches, harm to a friend, etc.

Real? Or imaginary?

4. VIOLENCE

AN EXTERNAL FORCE APPLIED TO COMPEL A PERSON TO DO SOMETHING CONTRARY TO

HIS WILL

VIOLENCE IS CAUSED BY SOME PHYSICAL OR PSYCHIC AGENT

THERE IS NO IMPUTABILITY, EXCEPT INSOFAR AS THE INNER WILL MAY HAVE CONSENTED

OR EXTERNAL RESISTANCE HAVE FALLEN SHORT OF THE DEGREE NECESSARY AND POSSIBLE IN THE CIRCUMSTANCE

TWO GENERAL types of violence:

Perfect violence - one in which complete resistance is given.

Imperfect violence – occurs when some resistance is shown but NOT as MUCH as should be.

EX. A man robs a young student and ask to give him her bag containing her ipad and Samsung S4 phone. The student refuse to give up her belongings, and fights back. However, since the man is stronger than the student , he succeeds in doing his EVIL intention.

What type of violence is it?

Is the young student in a way, responsible for the act?Not responsible

EX. A girl is carried off bodily by two young male acquaintances. The girl resist somewhat but it was not enough. She could have freed herself from her captors by screaming or shouting for help. The girl, by not offering strong resistance, which she shows would be effective, is judge to consent to the evil into which she is taken.

Do you agree? or not

Was girl, has responsibility in a way, for what had happened to her? Yes. Her guilt, however, is NOT as great as it

would be if no violence was present

5. HABITS Inclination to perform some particular action acquired by

repetition, and characterized by a decreased power of resistance and an increased facility of performance.

Sometimes called: “second nature”

If disposes to evil = VICE

If disposes to good = VIRTUE

TWO PRINCIPLES on imputability of EVIL action

1. Evil habits do not lessen the imputability of evil actions performed by

force of habit if the habit has been recognized as evil and is freely permitted to continue.

2. Evil habits lessen the imputability of evil actions performed by force of habit

if one is sincerely trying to correct the habit

Truly, a person is seen as morally responsible for his/her actions if and only when he/she uses his/her

FUNDAMENTAL freedom as person.

But his/her actions cannot simply be judged as GOOD or BAD unless the three SOURCES of defining MORALITY of the human acts, namely, the ACT itself, the circumstances, and

the intention are clearly considered and investigated.

However, one has still to consider and look at some MODIFIERS of the human acts that may either INCREASE, LESSEN, or completely

LOSE the culpability of the human agent.

“WHERE AM I?”