Finals Notes
Chap 3: Norms of Morality
Objective means we have a standard to follow.
Objective norm of Morality = Law
Subjective norm of Morality = Conscience
Promulgated = made known
National Law – Phil. Gazette
Moral Law is within the capacity of man to choose
whether to obey or not.
The Meaning and Value of Norm
 A norm is here understood as a rule, standard,
or measure.
 Specifically, it is something by which an act or
conduct is measured as good or bad, right or
wrong, moral or immoral.
 The criteria of judgment about the sorts of
person we ought to be and the sorts of actions
we ought to perform (Gula).
 The standard of right and wrong in human
actions (Montemayor).
 The standards that indicate the rightfulness or
wrongfulness, the goodness or evilness, the
value or disvalue of human conduct (Agapay
1991).
There are two types of norms or standards by
which human actions are gauged to be good or
bad.
(1) The first norm of morality is the eternal divine
law which is the so-called ‘ultimate and
absolute norm of morality.
 This ultimate norm is independent of
any standard there is, whatever they
may be.
Hence, this norm is viewed as objective
(Gualdo 2000).
(2) The second norm or standard of morality by
which certain human actions are judged to be
good or evil is human reason as related to the
person’s conscience telling him/her
internally what to do as good or right and what
ought to avoid as wrong or bad.
 This norm is found in the subject,
hence called subjective (Gualdo ibid).
 A subjective norm or standard has to
be in accord with the objective
standard.
LAW AS THE OBJECTIVE NORM OF
MORALITY
 In its broadest sense, is a rule or norm
which governs nature and/or actions of
things (Montemayor 1994).
 In its narrower sense, which is our concern
here, law refers to the free acts of man as
rational beings (ibid).
 In relation and in the specific context of
ethics and morality, law here is understood
as a rule of conduct which governs, directs,
or regulates the free acts of men (ibid).
MORAL LAW DEFINED
 The classical concept of law is one that is
articulated by St. Thomas Aquinas. He
defines law as an ordinance of reason for
the common good, promulgated by one
who has the care of the community (as
cited in Fagothey 1967).
 It is a command or directive emanating
from a legitimate authority.
 It differs from a plea or advice since it
requires obedience on the part of those
expected to follow it.
 It has to be in accord with human reason,
that is, it must be something that any
reasonable human being can agree with.
ESSENTIAL ELEMENTS FOR A LAW TO BE
REASONABLE
1. It must be just.
 This means that a law should not
command what is morally wrong or evil
 It must promote and uphold the inherent
rights and dignity of every human
person.
2. It must be honest.
 This means that a law should not
contradict in essence to any higher law.
 It should also be consistent within itself.
3. It must be possible of fulfillment.
 This means that the people who are
obliged by a law can follow it without
extreme difficulty.
4. It must be relatively permanent.
  This means that a law, once established
and enacted, should be more or less
stable, meaning, it must be something that
continues to be binding on the subjects,
unless repealed or amended with good
reason by the legitimate authority.
5. It must be promulgated.
 This means that a law, in order to be
followed by the subjects, must be made
known or publicize to them in a language
or manner that is understandable so that
they can comply with it.
6. It must be directed to the common good.
 This means that a law should promote the
general welfare rather than just serve a few
individuals.
1. The Eternal Law is eternal and unchangeable.
7. It must be promulgated by one who has the
care of the community.
 This means that a law should be enforced
or established by a competent and
legitimate authority.
DIVISIONS OF LAW
2. The Eternal law is absolutely universal.
A. Eternal Law (no beg, no end)
- This is essentially God’s grand design in
creating the universe including assigning to
each creature therein a specific nature
B. The Natural Moral Law
(Agapay).
- According to St. Augustine, God, from the
very beginning, had a plan for the whole
universe which he created out of his infinite
goodness and love.
- Thus, the eternal law is the Divine Reason
and Will commanding that the natural
order of things be preserved and forbidding
that it be disturbed (St. Augustine).
- For St. Thomas Aquinas, the eternal law is
the exemplar of divine wisdom as
directing all actions and movements.
- God’s eternal law reveals the necessary
relations between the creator and the
creatures.
- It does not include beings in the physical
order but also those of the moral order.
- God in the ultimate analysis directs all
beings towards their proper ends, physical
beings through physical laws and moral
beings through moral laws (Cruz 1995).
- The Eternal Law extends to all acts and
movements in the universe (Glenn).
- The whole universe is governed by
Divine Reason. The plan of government
He has in His mind bears the character of
a law, and because it is conceived in
eternity and not in time it is rightly called
the Eternal Law (Thomas Aquinas, Summa
Theologica).
- With God’s divine reason at work in all of
creation from the very beginning, God is
not unmindful about His plans being
carried throughout cosmic history. He
directs men and all things to their proper
end and in harmony with their nature
(Baldemeca).
PROPERTIES OF THE ETERNAL LAW
 Since the author of the eternal law is God
Himself who is eternal, the eternal law
has also existed from all eternity in the
very mind of God even before the
creation of the universe.
 The absolute universality of the eternal
law extends to all things and actions,
either free, contingent, or necessary.
 To man, the eternal law is made known by
his reason or conscience (by conscience,
we mean reason, pronouncing practical
judgments on the morality of actions).
 This law of conscience is called the natural
law (lex naturalis).
 It is nothing else but the same eternal law
made known to man by reason.
 The natural law is the eternal law itself
which man understands through the light of
his natural reason.
ATTRIBUTES OF THE NATURAL LAW
1. The natural law is obligatory.
2. The natural law is universal.
3. The natural law has its proper sanctions.
4. The natural law is knowable or
recognizable
5. The natural law is immutable or
unchangeable.
 CONTENTS OF THE NATURAL LAW
 Ethicists following the natural law theory
distinguish between formal norms and material
norms, as both derived from natural law.
 Formal norms are those that relate to our
character, that is, to what kind of persons we
ought to be.
 Some examples of this particular kind of norms
are such moral imperatives as, “Do good and
avoid evil”, “Whatever you wish others to do to
you, do so to them”, “Be honest”, or “Do not be
selfish, proud, vain, or foolish” (Gula 1981).
 Formal norms are considered to be absolute
principles and thus, are unchangeable.
“What kind of person we ought to become is not a
relative and subjective decision” (Agapay 1991).
 There are values that are objective and universal
that cut across cultures.
 Justice for instance is an absolute value whether
one is a Filipino, Chinese, American or Indian.
 It does not depend on the particularities among
peoples.
1. Fundamental principles in their general
applications – “Good is to be done and evil is to be
avoided.”
2. General moral principles which sustain and
preserve the basic relations of man to God, to
himself and to neighbors.
“Adore God.” “Honor your father and mother.”
“Preserve your own life, do not murder.” “Take care of
your offspring,” and other principles contained in the
Ten Commandments and codes of people.
3. Applications of the general principles of morality
to specific situations in life and society. For
thousands of years, experts of the law have worked
on the formulation of codes to produce the civil,
ecclesiastical, and international laws.
4. Remote conclusions derived by a process of
reasoning. They involve education in theology and
philosophy, and deep systematic reflection. Moral
problems such as killing, indissolubility of marriage,
etc. fall into this category of remote conclusions.
KNOWLEDGE OF THE NATURAL LAW
 No person, unless one who has lost his
capacity to reflect and reason would ever think
that evil should be done and good should be
forbidden. That seems unthinkable and simply
against human nature.
 It is therefore admitted that with regard to the
fundamental and general moral principles of
natural law, knowledge is common to all men.
 Under normal circumstances the general
principles of the natural law can neither be
forgotten nor banished from the mind of men.
 Furthermore, precisely because the natural
law is grounded in human nature itself and
men cannot be ignorant of it in regard to the
most general principles, though it is true that
they may fail on account of the influence of
some passion to apply a principle to a
particular case.
C. Human Positive Law and the Moral Law
- Human law deals with the juridical order of
society, be it the laws of the State (civil law)
or the laws of the Church (ecclesiastical
laws) insofar as this order is determined by
laws enacted for the common good (Salibay
2008).
- Man as a social being is expected to
observe the laws that society enforces so as
to maintain peace and order.
- Both the civil and the ecclesiastical laws are
considered as human positive laws.
- For both of these laws to be truly binding to
the people, they must be in accord with the
natural law, and ultimately, with the eternal
or divine law.
CONSCIENCE AS THE SUBJECTIVE NORM OF
MORALITY
 Conscience is considered as the second norm of
morality after law
 It is immediate and practical subjective norm that
the person employs to render moral verdict on a
given situation.
 It is man’s moral tool to pass judgment on actions
and things.
 Thus when faced with a particular moral dilemma,
the person then makes use of conscience to know
what ought to be done and avoid with such a
situation.
CONSCIENCE AS AN ACT OF THE INTELLECT
 As a judgment of reason, conscience reaches at a
certain judgment of a particular act in a specific
situation through a reasoned conclusion.
 Hence, the operation of conscience, as a judgment
of reason is based on principles – things known
with certainty with which we compare things or
acts (Glenn, as cited by Gualdo 2000).
 It appears that conscience, does not apply to any
other faculty of man except the intellect. Only the
intellect, not the will nor the body, can discern the
rightness or wrongness of our actions.
 Conscience is not a special faculty apart from the
intellect nor a consequent of some blind instinct,
nor a super-power behind our back.
KINDS OF CONSCIENCE
I. According to the conscience’s harmony or
disharmony with objective truth.
I.1. Correct or True Conscience. This particular
kind of conscience discerns and judges the
good as good and judges what is evil as evil.
I.2. Erroneous or False Conscience. This
particular kind of conscience mistakes the good
as bad and what is bad as good.
TYPES OF ERRONEOUS CONSCIENCE
a. Invincibly erroneous conscience.
 An invincibly erroneous conscience is a
kind of judgment where the error could not
have been avoided. It is simply beyond the
individual’s control to overcome the error.
b. Vincibly erroneous conscience.
 This is a judgment in which the person
concerned could have avoided or
eradicated the error with ordinary diligence
on his part.
c. Perplexed conscience.
 This kind of erroneous conscience, when
faced with two alternative options, fears
that sin is present in both choices.
 Either one does a particular action or not,
he/she feels doomed whatever choices
he/she makes.
d. Pharisaical conscience.
 This type of erroneous conscience
imagines grave sins as small ones and
magnifies little offenses as serious.
 This type of conscience can be considered
as a special variety of the lax conscience.
II. According to the Conscience’s Firmness in its
Judgment of the Morality of the Act.
(1) Certain Conscience.
 This particular kind of conscience is sure
as to its own subjective judgment as to
what is morally good and bad, right and
wrong in an action.
(2) Doubtful Conscience.
 This particular kind of conscience is not
certain or unsure whether something is
good or bad, right or wrong, moral or
immoral.
(3) Scrupulous Conscience.
 A scrupulous type of conscience can be
aptly described as one that is very
cautious, or extremely fearful, to the extent
that the person involved simply refuses to
act in any way, given a particular situation.
(4) Lax Conscience.
 This type of conscience is the very opposite
of a scrupulous conscience. The person
involved takes what is wrong or sinful
very lightly, even considering it as
something good and okay.
PRINCIPLES GOVERNING CONSCIENCE
1. A certain and true conscience must always be
obeyed, whatever it commands or forbids.
2. The invincibly erroneous conscience must be
followed, same as a certain conscience which
is right.
3. The vincibly erroneous conscience cannot be
followed as a legitimate rule of action.
4. A person who is of lax conscience has the
general and grave obligation to reform this
state of mind.
5. The person with a perplexed type of
conscience, when making a choice has to
postpone any action.
6. If a person has a doubtful conscience, the
basic principles reads: “In a practical doubt
about the lawfulness of an action one may
never act.