Norms of Human Acts

Are sets of directives that guide us in making decisions on what we ought to do or to be All our actions and decisions are dictated by laws and our own conscience

Law an ordinance of reason promulgated for the common good by one who has legitimate authority. It is an authoritative order that is just honest, useful to a certain degree of permanency, promulgated or made known to the subject, and can possibly be fulfilled.

Classifications of Law 1. Eternal Law it is Gods eternal plan and providence for the universe. It is the divine reason or will commanding the preservation of the natural order of things and forbidding its disturbance. According to St. Thomas, it is the plan flowing from Gods wisdom directing all acts and movements. 2. Natural Law it is the eternal law as known to humans through reason. It is none other than the rational creatures participation in the eternal law of God. It is called natural because it is neither communicated in a supernatural way nor as a result of a command of a legislature or authority. The precept of natural law is found and derived from the very nature of human beings. Properties of Natural Law 1. Universality it binds every person at all times and in all places. Its basis is the very nature of man It implies that the rights and duties it establishes apply to all men by the mere fact of their being human. One cannot remain ignorant of the natural law, at least not of its basic precepts. Mans obligation to abide by the natural law is independent of his culture, environment or circumstance. However, human beings do not possess knowledge of this law in a fully developed form from the beginning. They must develop it just as they develop other forms of knowledge (e.g., respect for life) 2. Immutability refers to its unchanging characteristic As soon as human beings gain the capacity to use their reason, certain fundamental norms will become evident to them. These fundamental norms are imprinted in human nature so that they exist as long as human nature exists.

The immutability of natural law flows from the immutability of human nature which remains substantially the same at all times. The genuine commands and prohibitions of natural law cannot be changed.

2. Indispensability means that no one is dispensed or excused from the observance of the natural law because its origin is God. Natural law is identical to Gods will Humans have no authority over a law of this status. This means that if there is a dispensation of this law, there is a violation of Gods law. Types of Natural Law presented or forbidden 1. Affirmative Laws are (always) binding, but not at every moment. Humans are morally obliged to adopt all ordinary means of preserving health and life, but they are not morally obliged to adopt extraordinary means to conserve health and life. 2. Negative Laws are prohibitory. Laws of the natural order which are binding at all times. State that no act, positive or negative, may be directly and deliberately willed as a means of destroying health or life. Divine negative Law law expressly revealed by God. It includes: Precepts from natural law, e.g., 10 commandments Supernatural precepts which state that man is destined for a supernatural end Human positive Law those enacted by the church or state. Are ordinances 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 institution in charge of society

Types of Human Law 1. Public Law deals with an individuals relationship to the state. 1.1 Constitutional Law set of basic laws that defines and limits the powers of government. Statutory Law laws enacted by legislature bodies; state boards and professional practice acts such as nurse practice acts are created and governed here. 1.2 Administrative / Regulatory Law developed by groups who are appointed to governmental administrative agencies and who are entrusted with enforcing the statutory laws passed by the legislature Under administrative law, state boards of nurses are given the power to further delineate the rules and regulations, governing nursing as set forth in nurse practice acts.

1.3 Criminal Law most common example of public law Refers to acts or offenses against the welfare or safety of the public (2) Types of Crimes: FELONY crime of serious nature usually punishable by imprisonment in a state penitentiary at hard labor or by death MISDEMEANOR an offense that is less serious than a felony and may be punished by a fine or sentence to a local prison for less that one year. 2. Civil Law deals with relations between individuals

2.1 Contract Law the enforcement of agreement among private individuals 3 essential elements of a legal contract promise/s between 2 or more legally competent individuals stating what each individual must do or not to do mutual understanding of the terms and obligations the contract imposes on each individual comprehension for lawful actions performed 2.2 Tort Law the enforcement of duties and rights among individuals independent of contractual agreements a civil wrong committed on a person or property stemming from either a direct invasion of some legal right of the person, the infraction of some public duty or the violation of some private obligation by which damages accuse to the person. A private or civil wrong or injury a wrong independent of contract the commission of or omission of an act by one without right, whereby another receives some injury, directly or indirectly in person, property or reputation. Classification of Tort Unintentional negligence and malpractice Intentional must prove that the defendant intended to commit the act; assault and battery, false imprisonment, invasion of privacy, defamation (libel and slander) and fraud. Battery treatment of a patient without his / her consent False Imprisonment detaining a patient under circumstances which cause the individual to believe that by leaving the institution serious repercussions will occur. Invasion of privacy taking and publishing of pictures and material concerning a patients condition without valid consent

Three Different points that deals with the questions about human life: 1. Beginning of life (contraception and family planning) 2. Middle of life (genetic engineering and abortion) 3. End of life (death and euthanasia)

Conscience the practical judgment of reason upon an individual act as good and to be performed, or as evil and to be avoided. Consider as the inner voice of God It tries to make a sound about our basic moral questions: what ought I to be? and what ought I to do? Concepts of conscience 1. 2. Heteronomous Conscience- tied to normative ethics Focused solely on laws, obligations, commands, prohibitions There is hardly any place for the conscience to evaluate and decide Autonomous Conscience totally subjective Ignores the law and determines by itself what is right and what is wrong Because negligence on the part of the defendant must be proven by the plaintiff in order to impose liability, the party complaining must generally be free of conduct which can be construed as contributory negligence. Levels of Conscience 1. Antecedent actual conscience refers to the whole process of making a judgment in conscience before the moral act 2. Concomitant actual conscience refers to our actual awareness of being morally responsible for the goodness or the badness of a particular act which we are carrying out 3. Consequent actual conscience involves the process of reflection on ones moral responsibility relative to past actions.