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IMPEDIMENTS TOMORALITY
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IMPAIRMENTS TO HUMAN FREEDOM AREREALITIES
WITH WHICH ETHICS AND JURISPRUDENCEHAVE TO RECKON CONCERNING THE
MORALITY OF THE HUMAN ACT
IMPAIRMENTS OF REQUIRED KNOWLEDGE
IGNORANCEERROR
INATTENTION
IMPAIRMENTS TO FREE CONSENTPASSION
FEAR AND SOCIAL PRESSURESVIOLENCE
DISPOSITIONS AND HABITS
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IGNORANCE
Positive Ignorance
lack of knowledge thatis required of the
person Negative Ignorance
lack of knowledge for it has no importance tothe person
lack of knowledge w hich man should have of hismoral duties
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DEGREES OF POSITIVE IGNORANCE
Invincible Ignorance – that which cannot be overcomeby t he per son because:he does not realize his own st ate of ignoranceit is almost impossible for him to acquire proper
knowledge of the m atter
1 st P rinciple : “Invincible I gnorance m akes an actinvoluntary thus t he a gent is r esponsible f or t he sa id act.”
Example : T he s peed limit in China i s written in Chinese.
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IGNORANCE
Ignorance i !ac" o#"no$!e%ge
a&o'( a ()ing in a &eingca*a&!e o# "no$ing+Ignorance i %i,i%e% a
in,inci&!e an% ,inci&!e+
INVINCIBLE IGNORANCE
THAT IGNORANCE WHICH A MANIS NOT A-LE TO DISPEL
-Y SUCH REASONA-LE DILIGENCE
THIS COMPLETELY TAKES AWAYTHE VOLUNTARINESS OF THE
MALICE AND HENCE ITSRESPONSI-ILITY TOO+
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DEGREES OF POSITIVE IGNORANCE
Vincible Ignorance – that which can be removed byordinary e fforts I f hardly any effort is u sed to d ispelignorance
2 nd Principle : “For as l ong a s all the n ecessary eff orthas bee n exerted, vincible i gnorance m ay lessen thedegree of culpability of the h uman act.”
Example : Y ou are driving in Manila, so you must know that there is color-coding.
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DEGREES OF POSITIVE IGNORANCE
Affected Ignorance – occurs when a personpositively wants to be ignorant in orderto p lead innocent to a charge of guilt (withmalice)
3 rd Principle : “Affected or Pretended Ignorancedoes not excuse a p erson from hisbad actions; on the contrary it actually increasestheir m alice.”
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VINCIBLE IGNORANCE
IGNORANCE THAT CAN -E DISPELLED
THIS DOES NOT TAKE
AWAY CULPA-ILITY AS IT IS VOLUNTARY INCAUSE
OR IS PROVOKED -Y
CONSCIOUSNEGLIGENCE OR EVEN-AD WILL
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PRINCIPLES THAT APPLY TO IGNORANCE AND ITSRESPONSIBILITY
INVINCIBLE IGNORANCEPREVENTS THE HUMAN ACTFROM -EING VOLUNTARY IN REGARD
TO THAT WHICH IS NOT KNOWN
VINCIBLE IGNORANCEDOES NOT TAKE AWAY THE VOLUNTARINESS
DIMINISHES VOLUNTARINESS.AS LONG AS THE IGNORANCE IS NOT AFFECTED
SIMPLE NEGLIGENCE OR LAZINESSDOES NOT USUALLY IMPLY A FULL CONSENTTO ALL THE POSSI-LE EVIL CONSE/UENCES
WHICH MAY COME THEREFROM
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SUPINE IGNORANCEIN A SERIOUS MATTER
GENERALLY MAKES THE SIN GRAVE
AFFECTED IGNORANCE
DOES NOT DIMINISH GUILTBECAUSE THERE IS FULL CONSENT THERE ISFULL CONSENT
TO THE SINFUL EFFECTS WHICH RESULT FORMSUCH IGNORANCE
SIMPLE NEGLIGENCE OR LAZINESSDOES NOT USUALLY IMPLY A FULL CONSENTTO ALL THE POSSIBLE EVIL CONSEQUENCES
WHICH MAY COME THEREFROM
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EXAMPLES
A businessman heard talaw on taxes t hat was j ust approved. Heintentionally did not read about it so h edoes n ot have to follow the n ew laws. Is
the businessman responsible? YES
4. A team of government inspectors visited
a factory t o nd out if they com ply w ithlabor l aws. Upon arrival, they w eretreated to lunch by the ow ner. Theyreported that they d id not see an yviolations. Are t he inspectors resp onsible? YES
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ERROR
FALSE JUDGMENT OR CONVICTION
IT ARISES FROM DEFICIENTEDUCATION,
BAD COMPANY OR
MISLEADING INFORMATION
ONE IS NOT RESPONSIBLEFOR THE CONSEQUENCES
OF ERROR MADE IN GOODFAITH
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INATTENTIONREFERS TO MOMENTARY
DEPRIVATION OF INSIGHTIF ATTENTION IS COMLETELY LACKING,
THERE IS NO HUMAN ACTBUT ONE IS RESPONSIBLE TO THE EXTENT
THAT THE ACT IS VOLUNTARY IN CAUSE
PASSION OR CONCUPISCENCE
A MOVEMENT OF THESENSITIVE APPETITE WHICH IS
MOVED-Y THE GOOD OR EVILAPPREHENDED -Y THE
IMAGINATIONMOVEMENT OF THE SENSITIVE APPETITETHAT PRECEDES THE FREE DECISION OF THE WILL
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PASSION
Strong tendencies t owards t he p ossession ofsomething good or towards the avoi dance ofsomething evil . 11 chief passions:
lovehatred
joyhorror or dreaddesiresadnessdespairhopecouragefearanger
Passions are not become badwhen NOT controlled by reason.
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PASSIONS MAY EITHER BE GOOD, BAD,SPONTANEOUS, PREMEDITATEDDEPENDING ON CIRCUMSTANCES
Good- when ordered by the rationalwill help man in the p ractice ofvirtue or t he a ttainmentof morally good
Antecedent Passions- passions t hat are eli cited or a rise b efore it iscontrolled by the w ill
- spontaneous
BAD- when used by therational will to accomplishmorally evil actions
Consequent Passion -passionsthat are al ready passed through theintellect and controlled
by the w ill
-premeditated
Example : hatred uponseeing your father h urt
your mother .
Example: You keep on thinkingabout how your boyfriend hurtyou, so you plan something to
hurt him back.
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PRINCIPLES ON PASSION
Antecedent passion lessen s vol untariness, andtherefore lessens re sponsibility.
Consequent passion increases vol untariness,and therefore increases responsibility.
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Two (2) Types of Concupiscence
0+An(ece%en( Conc'*i cence1 ari e *on(aneo' !2 &e#ore ()e *re,io' 3'%g4en( or rea on an% &e#ore ()e $i!!con(ro! ()e *re,io' 3'%g4en( o# rea onan% &e#ore ()e $i!! con(ro! ()e* 2c)o!ogica! i('a(ion
-. Prece%e ()e ac( o# ()e $i!! an% i no($i!!#'!!2 (i4'!a(e% &2 ()e $i!!-. Le en ()e #ree%o4. an% )ence. ()e
re *on i&i!i(2 o# ()e agen( &eca' ean(ece%en( *a ion (en% (o &!in% ()e
3'%g4en( o# ()e in(e!!ec( an% &!oc" ()e#ree%o4 o# ()e $i!!
E5a4*!e 6 '%%en #ee!ing o# 3o2. )a(re%.
*i(2. grie#. anger. e(c+ a reac(ion (o
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DIVISIONS OF PASSIONS
CONCUPISCIBLE
PASSION THROUGH WHICH THE SOUL IS SIMPLY INCLINED TO SEEK WHAT IS SUITA-LEACCORDING TO THE SENSES.
AND TO FLY FROM WHAT IS HURTFUL+
IRASCIBLEWHERE-Y AN ANIMAL RESISTS THE ATTACKS OF
ANY AGENTSTHAT HINDER WHAT IS SUITA-LE AND INFLICT
HARM<AND THIS IS CALLED THE IRASCI-LE.
ITS O-JECT IS SOMETHING ARDUOUS.
-ECAUSE ITS TENDENCY IS TO OVERCOME ANDRISE A-OVE O-STACLES+
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FEAR
IS MENTAL TREPIDATIONDUE TO AN
IMPENDING E VILIT IS FEAR OF THE SENSES AN NOT
INTE!!E"T#A! FEAR$HI"H IS ONE OF THE %ASSIONS
INTE!!E"T#A! FEARFOR E&A'%!E THREAT OF TORT#REOES NOT (#STIF) ENIA! OF FAITH
THE E'OTION OF FEAR$HI"H "O'%!ETE!) AR*ENS THE
'IN OR %ARA!)+ES THE $I!!E&"#SES FRO' I'%#TA,I!IT)
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FEAR
a disturbance of the m indcause by t he t hought of athreatening evil.
Acts done with fe ar or in spiteof f ear fear accompanies anact which in itself voluntary
Acts done from or through fearor because of fear when aperson is t hreatened
You go t o n ight clubs with yourboss because you are afraid youmight lose your j ob if you do n ot.
Climbing a mountain
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PRINCIPLES: EFFECTS OF FEAR ON THEVOLUNTARINESS OF HUMAN ACTS
Acts done with fear a re voluntary (although they m ay n ot be p leasant)
Acts done from fear or through fear or“disturbance of the m ind,” in a certain senseis involuntary for t he a gent is ob liged to ch ooseto avoid the greater e vil. It lessens t hevoluntariness b ut it does n ot destroy i t.
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wo ypes of Fear :
Grave Fear – aroused by the p resence ofa danger that is regarded by most
people a s serious
Sl !"# Fear – aroused by danger that isnot serious and a grave danger that
is not very probable
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VIOLENCECOMPULSIVE INFLUENCE -ROUGHT TO -EAR
UPON ONEAGAINST HIS WILL -Y SOME E=TRINSIC
AGENT+
VIOLENCE IS CAUSED -Y SOME PHYSICAL ORPSYCHIC AGENTTHERE IS NO IMPUTA-ILITY.E=CEPT INSOFAR AS THE
INNER WILL MAY HAVECONSENTED
OR E=TERNAL RESISTANCEHAVE FALLEN SHORT
OF THE DEGREE NECESSARYAND POSSI-LE IN THE
CIRCUMSTANCE
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INTERNAL RESISTANCE IS ALWAYSNECESSARY
WHILE E=TERNAL RESISTANCE MAY NOT ALWAYS-E CALLED FOR
IT IS RE/UIRED ONLY TO THE E=TENTTHAT IT IS FORESEEN TO -E EFFICACIOUS
IN PREVENTING ACTION OR FORESTALLINGSCANDAL
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VIOLENCE
application of external force o n a person byanother f ree a gent for t he p urpose (Compulsion)of compelling h im to do something a gainst hiswill.
Principle :“Physical Actions r esulting fromviolence are involuntary b y themselves.”
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EXAMPLESA woman resists three r apists as much as s hecan, and is overpowered.
You resist, but not t o the f ull extent that you
can, then you are st ill responsible, but not fully .
Example:
Two su spicious l ooking people k nock on yourfront door.You refuse o op en it,butwhen they
insistyouopenthe d oor anyway, and they r ob
the h ouse.
You do not resist because i t
would be u selessanyway, then you are NOTresponsible.
Example:
While ri ding a jeepney, aperson points a g unto you and he t ells you tocollect al l the C ell phones o fthe ot her passengers.
A person is beaten up until heis f orced to l ieduring a police i nvestigation.
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HABITS
-a constant and easy way of doing t hings a cquiredby the r epetition of the sa me a ct
**What is important is the EFFORT of theperson to free h imself from the h abit**Culpability of acts f rom habit increases ordecreases depending upon the effort exerted
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HABIT
Can be a virtue or a vice. A vice does
Example : I spit on the oor ou t of habit.
A vice ca n lessen resp onsibility if one i s t rying tocorrect i t.
Example : I am trying t o correct my habit of
saying bad words.
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HA-ITS
FACILITY AND READINESS OFACTING IN A CERTAIN MANNERACQUIRED BY REPEATED
ACTS
DELIBERATELY ADMITTEDHABITS DO NOT LESSEN
VOLUNTARINESS
AND ACTIONS RESULTINGTHEREFROM
ARE VOLUNTARY ATLEAST IN THEIR CAUSE
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OPPOSED HA-ITSLESSEN VOLUNTARINESS
AND SOMETIMEPRECLUDE ITCOMPLETELY
THE REASON IS THAT
HA-IT WEAKENSINTELLECT AND WILLIN A THE CONCRETE
SITUATION IN A SIMILARWAY+
Sources:
• Chri !i"# E!hi$ %M&r"' Th(&'&)* i# !h( Li)h! &+ V"!i$"# II - R(./ Dr/ K"r' H/ P( $h0(, SVD
• Chri !i"# M&r"'i!* i# C!(12&r"r* S&$i(!* -E !(3"#S"'i3"*, Jr/
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CLASS ACTIVITY
1. Divide i nto g roups of 5
2. Think of one situationfoModiers ofHuman Act.
• It should show that the resp onsibility ofperson changes because ofthe m odier.
3. Describe e ach situation in the cl ass.
Example : A waiter in a restaurant did not issue a receipt to a customer.He d id t his because he was told n ot to do it, and h e feared l osing h is job.( Modier is fe
4. Each situation is w orth 5 points.
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