NORMS OF MORALITY

3. Conscience

• While natural law is the tendency towards good in general, conscience is the choice of a particular
good in a given situation. People refer to conscience as "the voice of God" — a whisper of admonition.
• Conscience is the practical judgment of reason telling us what should be done because it is good, or
what should be avoided because it is evil. The judgment is "practical" because it leads to a course of
action.

3. Conscience

• Conscience has two functions. Before the commission of an act, conscience directs towards that which
is good. After the commission of an act, conscience either approves or reproves the act. A reproaching
conscience punishes the doer with remorse. An approving conscience rewards the doer with "peace of
mind".

Types of Conscience
• 1) Correct conscience sees the good as good, the evil as evil. Correct conscience comes from
enlightenment; from refined moral sensibility, or from the habit of doing good. The correct conscience is
the result of sound upbringing, education, good habits, and intelligent laws.
• 2) Erroneous conscience sees evil as something good. Erroneous conscience comes from malice,
ignorance, bad habits, and bad influence
• 3) Doubtful conscience is a vacillating conscience, unsure of it-self.

• 4) Scrupulous conscience is overly cautious, meticulous, and fearful of committing a mistake.

• 5) Lax conscience is indifferent, unmindful of right or wrong.

Compulsory Conscience

• "Our bond with the natural moral law", write Bernard Flaring, 'Is an exalted participation in the eternal
law of God manifested by our conscience whose natural function it is to reveal our likeness to God'' (Law
Of Christ: 1-147).

• When conscience operates in the realm of truth and sound reason, it is compulsory to listen to it. It is
only when conscience urges us to act according to our rational insights that it is aptly the "voice of God".
But when conscience deviates from the norm and urges us to do what is unreasonable, it is "our own
evil work" (ibid: 148).

Conformity and Non -conformity

• The conformity or non-conformity of a human act with the norms constitutes morality. We recall the
definition of Aristotle of the good as that which fits the function. For example, it fits the function of a
talented singer to sing well. Similarly, it fits the function of a decent and honorable person to do what is
honorable.
• The same may be said of evil actions. Some actions do not fit the dignity and nobility of man as man.
Like the junk food does not fit the health of a person, immoral acts do not fit the human soul.

Formal and Material Norms

• Formal norms relate to formation of character, what kind of person we ought to be. These consist of
such directives towards character development, such as "be honest", "be direct", "be respectful",
etcetera.

Formal and Material Norms

• Material norms relate to actions, what actions we ought to do. Material norms determine whether an
act on account of its nature conforms or does not conform with the formal norms. The formal norm
about being respectful of parents is explicit and relevant at all times. But it may be asked whether a child
does wrong by disobeying an unlawful command of the parents. To answer this question the materially
of the act of disobedience needs to be examined with regards to its nature, motive, and circumstances.
The basis of this evaluation is provided by the formal norm, but once the materiality of an act is
determined as intrinsically evil, such an act cannot be justified by whatever reason. Hence, an act which
is declared "a murder", "genocide", "a rape", or an adultery — can never be good under any
circumstance.

The directives of formal norms are permanent and unchangeable because they are the requirements of
natural law. The directives of material norms are temporary and changeable because they are the result
of rational evaluation.

Moral Relativism

• Moral relativism is possible because the human mind, being finite and limited, does not always grasp
the moral significance of certain acts or events. Thus, debates would continue on whether death
penalty, divorce, abortion, gay marriage, or euthanasia is morally permissible. Moral relativism is also
descriptive of cultural differences.
• However, the differences in the moral practices of people do not prove that there are no absolute
truths and principles of morals. That man seeks the good that fits his nature is a universally accepted
truth. That man ought not to do to another what he does not want to be done to him is anotheR
universally accepted truth. That man deserves to be punished for his evil deeds is yet another universally
accepted truth. The trouble is that people may not agree how these truths apply

Physicalism vs Personalism:
• Physicalism suggests that the physical and biological nature of man determines morality. Morality is in
accordance with the natural order in the universe. Anything opposed to man's physical, physiological, or
biological tendencies is wrong and immoral. It maintains that the criteria for moral judgment are written
in man's nature and all that is required is for man to read them off (Gula:35).
• Personalism suggests that reason is the standard for moral judgment. Right reason, or "recta ratio, is
the dynamic tendency in the human person to know the truth, to grasp the whole reality as it is.
Morality is in accordance with the order of reason, or the dictate of reason.
DETERMINANTS OF MORALITY II

The Morally Good Act

• A morally good act is that which sound in all aspects — in its nature, motive, and circumstances. In the
Scriptures, the morally upright is a just man, one who weighs his actions in relation to what the law
demands, to what the circumstances would allow, and to what fits his stature as a rational being. A
morally good action, therefore, is a just act — "makatarungan".
• We also speak of it as "maka-tao", or "maka-Diyos", indicating that such action is fair to the other
person and in accordance with the Will of God.

The Relevance of Laws

• Laws mandate some actions as prohibited and others as permitted and required. We may therefore
consider laws as determinants of human behavior. Some people do not do what is good unless they are
forced to. St. Thomas points out that laws are made for those who are weak in character.
• Society adopts laws to protect its members from themselves or from those who might want to hurt
them. By prescribing punishments for transgressions, laws encourage and compel people to act for the
good of all. Everyone should obey the law or risk being punished. As authorities would put it "aura lex,
sed lex", the law is harsh, but it is the law — and everyone must obey.

The Definition of Law

• Law, according to St. Thomas Aquinas, is an ordinance of reason, promulgated for the common good
by one who has charge of society.
• Laws are "ordinance of reason" because they are results of serious study, deliberation, or public
debate. They are "promulgated" because they are made known to the people who are bound to observe
them. They are 'for the common good" because the purpose of the law is the general welfare of the
people. They are enacted "by who has charge of society" because only those who have legitimate
authority to govern may pass laws.

Kinds of Law
• 1. Divine Positive Laws are those made known to men by God, like the Decalogue (Ten
Commandments) given to Moses. We also call them moral laws because they are concerned with moral
acts. Violation of these laws constitutes a sin.

• 2. Human Positive Laws are those made by legitimate human authority, such as the laws enacted by
the State or the Church. Human positive laws are intended to preserve peace and order and to direct
members to work towards the common good. They may also have as their object the moral acts.
Violation of these laws constitutes an illegal act. The Constitution and the Civil Code embody the laws of
the Philippines. Canon Law embodies the laws of the Catholic Church.

3. Affirmative and Negative Laws

• Both divine and human positive laws are either affirmative or negative. Affirmative laws are those that
require the performance of an act, like that of giving respect to parents and that of paying taxes when
due. Negative laws are those that prohibit the performance of an act, like the prohibition against
smoking in designated public places

Binding in Conscience
• Moral laws are enforced by personal commitment in the absence of the threat of corporal
punishments or sanctions. Moral laws are said to bind in conscience, because they impose upon the
person a moral obligation to accept the law and comply with it. Moral laws then are enforced by
personal conviction rather than by the threat of corporal punishment.

Binding in Conscience
• On the other hand, human laws regulate only the external acts when these are manifested and
observed. They do not regulate thoughts and feelings so that, for example, a person may not be
arrested for wanting to commit murder until such time when he actually attempts it. Human laws do not
bind in conscience and are purely penal, that is, they are enforced by police powers and justice is served
when the culprit suffers the punishment.

Properties of a Just Law A human law, in order to be accepted as just, must have the following
properties:
• 1. A human law must conform with divine laws. This is because all legitimate authority comes from
God. Therefore, no human authority may contradict God's will as manifested in the natural law or divine
positive laws.

• 2. A human law must promote the common good. The common good is the communal benefit,
material and spiritual, necessary for the promotion of human life. The common good consists in
economic prosperity, peace and order, health, education, and moral instruction of the members of
society.

• A human law must not discriminate against certain individuals or groups. It must apply proportionately
to all members of society so that the needs of each one are served.
• A human law must be practicable. A law which imposes undue hardships and sacrifices in its
compliance is not just.
• A human law must be flexible. It must provide limits and define the basis for exemptions. Laws are for
the benefit of man, not for his destruction.
• A law must be amendable. The conditions and reasons for a law do change. Therefore, a law should be
amendable and changeable.