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THREE ASPECTS:
A. THE ACT IN ITSELF
B. THE MOTIVE OF THE ACTION
C. CIRCUMSTANCES OF THE ACT
“Bonum ex integra causa, malum ex quocumque
defectu.”
I. THE ACT IN ITSELF
TO CONSIDER AN ACT IN ITSELF IS TO REGARD ITS
NATURE. AN ACT IS A PHYSICAL TENDENCY TOWARDS A
DEFINITE RESULT. THIS RESULT IS IDENTIFIED AS THE
END OF THE ACT (FINIS OPERIS) AS DISTINGUISHED
FROM THE END OF THE AGENT (FINIS OPERANTIS) WHICH
IS SYNONYMOUS WITH THE MOTIVE OF THE DOER.
2. HUMAN POSITIVE LAWS- are those promulgated by a legitimate human authority. This
authority resides either in the state or in the church
Moral Laws are those derived from the natural law. They direct man towards the higher values of
its development as a human being. Therefore, moral laws are universal laws binding all men alike.
It regulates the mind, heart, and body of man insofar as he is a man.
Political Laws, both civil and criminal laws, are those enacted by men to guide their actuations in
society and relation to one another. They regulates man’s external actions. Its objective is to
provide peace and material prosperity. Political laws presuppose moral laws.
PROPERTIES OF HUMAN LAWS
Eternal Law
Is the plan of God in creating the universe and in assigning to each
creature therein a specific nature.
PARTICIPATION OF CREATURE IN ETERNAL LAW
NATURAL LAW SHOULD BE TAKEN AS A BODY OF CODIFIED LEGAL
PRONOUNCEMENTS SUCH AS THOSE WE FIND IN A BOOK OF
CRIMINAL LAW. RATHER, IT REFERS THE NATURE OF ALL CREATED
THINGS WHICH IS THE PRINCIPLE OF THEIR MOVEMENTS AND
ACTIONS: CHEMICAL, BIOLOGICAL, PHYSIOLOGICAL OR RATIONAL.
The personalist suggests that reason, not the physical structure of human faculties or
actions, is the standard of morality. According to the Thomistic School, reason is “recta ratio”,
or right reason. It is the dynamic tendency in the human person to know the truth, to grasp the
whole of reality as it in.
THE ORDER OF REASON
St. Thomas Aquinas calls the order established by reason as the “specific natural law”.
Accordingly, man has to consider the natural order of things. And yet, he must not confuse the
natural order with the moral order. It is reason that which takes Natural Law and interprets it in a
way worthy of man’s humanity. In this sense, Natural Law is not the same as the Laws of Nature
which are the forces governing the material world.
Moral Conscience- the task of discovering and interpreting Natural Law in a manner fitting to
man.
CONSCIENCE
defined as an act of the practical judgement of reason deciding upon an individual action
as good and to be performed or as evil and to be avoided.
the word is derived from the Latin conscientia which means “trial of oneself” both in
accusation and defense.
KINDS OF CONSCIENCE
1. CORRECT OR TRUE CONSCIENCE
Judges what is good as good and what is evil as evil.
2. ERRONEOUS OR FALSE CONSCIENCE
Judges incorrectly that what is good is evil and what is evil is good.
3. CERTAIN CONSCIENCE
Is a subjective assurance of the lawfulness or unlawfulness of a certain act.
4. DOUBTFUL CONSCIENCE
Is a vacillating conscience, unable to form a definite judgement on a certain action.
5. SCRUPULOUS CONSCIENCE
Is a rigorous conscience, extremely afraid of committing evil.
6. LAX CONSCIENCE
Is one which is refuses to be bothered about the distinction of good and evil.