Morality in Law and Action
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Transcript Morality in Law and Action
Morality in Law and
Action
Chapter 3
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We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain
unalienable rights, that among them are Life, Liberty, and the
pursuit of Happiness;
That to secure these rights, Governments are instituted among
Men, deriving their power from the consent of the governed;
That whenever any Form of Government becomes destructive of
these ends, it is the Right of the People to alter or to abolish it,
and to institute new Government, laying its foundation on such
principles and organizing its powers to such form, as to them shall
seem likely to effect their Safety and Happiness.
~The Declaration of Independence
Opening Remarks
Law: an ordinance of reason that exists
for the common good and is legalized by
legitimate authority through an official
process
Laws are absolutely necessary
for the common good
for the protection of rights
for the enjoyment of freedom in society
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According to the Declaration of Independence...
the purpose of government is to secure basic rights
people possess rights according to the Natural
Law
unalienable rights are those that cannot be taken
away because they are given to men “by their
Creator”
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What is Law?
All just law find its origin in God
4 aspects of law
It is an ordinance of reason
carefully thought out to meet the needs of people
and society
It exists for the common good
preserves and promotes common good
regulates fairness in how people interact with each
other and the environment
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It’s made by those in legitimate authority
those who have justly received the power to
govern
legitimate authority ultimately comes from God
David and Saul
They must be legislated in an official manner
must be a product of an established process
that is generally accepted and recognized
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Types of Law
A justice system with a court of law and
penalties to make reparation for damages
implies the existence of a standard of
morality
All just law finds its origin in God’ mind
communicated through Jesus Christ
There are 5 types of Law
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Eternal law: the plan of divine wisdom directing all acts
and movements
every law-- physical, moral, man-made-- is derived
from God’s eternal law
Natural law: the eternal law as it applies to human life
written on the heart of every person
shows us the inherent dignity of the human person
and how to attain our proper end
it is never imposed upon us
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Revealed law: the law as
revealed by God
found in Old and New
Testaments
finds its fulfillment in the
New Law ushered into the
world with the coming of
Jesus Christ
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The New Law is called a law of love because it makes us act out
of love infused by the Holy Spirit, rather than from fear; a law of
grace because it confers the strength of grace to act, by means of
faith and the sacraments; a law of freedom, because it sets us free
from the ritual and juridical observances of the Old Law, inclines
us to act spontaneously by the prompting of charity and finally,
lets us pass from the condition of a servant who “does not know
what his master is doing” to that of a friend of Christ-- “For all
that I have heard from my Father I have made known to you”-- or
even to the status of son and heir.
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~Catechism of the Catholic Church 1972
Ecclesiastical law: the law that
governs the Church
also called Canon Law
organization of hierarchy,
liturgical and penitential
practices, and other matters
Civil law: laws enacted by civil
governments for the common good
of a society or entire country
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Just Civil Law
According to St. Thomas
Aquinas, for laws to be just
or valid they must reflect
part of the natural law
articulated in the 10
Commandments
a civil law that
contradicts the natural
law is not considered a
valid law
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3 Conditions for a just and valid civil law
Must promote the common good
Common good has 3 elements--respect for and
promotion of person’s fundamental rights,
prosperity, and peace of security of all the
people
Must reflect an “equality of proportion”
burden of law’s fulfillment must be shared by all
members of the society
must take into consideration the capacities and
limitations of individual members of society
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All authority comes from God
every law must transmit, at least in
part, what God has eternally
established
no human authority may declare
what God reveals as morally evil to
be morally good
ex: slavery, abortion, euthanasia,
homosexual marriages
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Conflicts Between Conscience and Civil Law
- There should be no conflicts between
conscience and civil law
- No one is bound in conscience to
cooperate with an unjust law
- A well-formed conscience will indicate
the obligation to obey God’s law over
any unjust civil law
- Disobeying an unjust civil law should
take place after careful consideration
- It is prudent to consider the
consequences opposing an unjust law
would bring
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Analysis of the Human Act
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There are three perspectives to evaluating
a human act
“A morally good act requires the goodness
of the object, of the end, and of the
circumstances together...The object, the
intention, and the circumstances make up
the three ‘sources’ of the morality of human
acts.” (CCC 1755, 1757)
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The object or act
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carries most weight
intrinsically evil acts are evil despite circumstances
The intention for the act
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good act can become tainted through wrong intention
good intention may diminish the gravity of a sinful act but
can never turn a sinful object into a good one
The circumstances of the act
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some circumstances lessen the gravity of a sin
no circumstances can make a wrong action good
Principle of Double Effect
- Principle of Double
Effect:The decision to carry
out an action which, as a
consequence, has unintended
bad results may be made only
when the good effect cannot
be reasonably brought about
in any way and when certain
conditions have been met.
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1.
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3.
4.
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The act must be good in itself
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The object/immediate purpose of the act must be in line with moral
law
The agent must have the right intention
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Good effect must be sought
Evil effect, while forseen, must not be intended but only tolerated
ex: amputating a leg to stop the spread of cancer
Good action must be the means of good effect
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Evil action can never be a means for a good end
“The end does not justify the means”
The good effect must be proportional to the evil effect
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Good effect of the action must be equal or greater than the evil
effect
Errors in Moral
Theology
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Moral relativism: moral actions can be
judged purely subjectively, by personal
dispositions and circumstances and not by
natural law
this is erroneous
There are 3 common errors of subjective
morality
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Situation ethics: goodness of evil of a
given action is determined by the particular
situation
- ex: cohabitation for financial sake
- it is impossible to apply universal law to
everyone because we are all in different
situations
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Consequentialism: judges an action to be
good or evil from the consequences that
follow
- “the end justifies the means”
- objective morality takes a back seat to
subjective standards of end results
- falsely believes that circumstances can
change moral quality of an objectively
evil action
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Proportionalism: measures moral goodness
of an action by comparing its good and evil
effects
- an action is good when the good effect
proportionately outweighs the evil
effect and vice versa
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“It is therefore an error to judge the
morality of human acts by considering only
the intention that inspires them or the
circumstances (environment, social
pressure, duress or emergency, etc.) which
supply their context. There are such acts
which in and of themselves, independently
of circumstances and intentions, are always
gravely illicit by reason of their object; such
as blasphemy and perjury, murder, and
adultery. One may not do evil so that good
may result from it.” (CCC 1756)
What is Sin?
- St. Augustine and St. Thomas Aquinas offer three
definitions of sin
1. Sin is any deed, word, or desire that violates eternal
law
- violation of the natural law robs man of his dignity
- reduces man’s freedom and self-control
- creates distance between man and friendship with
Christ
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2. Sin is a violation of the moral law
- infraction of Ten Commandments
- even without direct malice toward
God, any violation of a law derived
from God’s law is an offense against
Him
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3. Sin is a disordered love for created
things over God
- arises from an inordinate attachment
to created goods
- alienates person from God
- pursuit of selfish goals taking
precedence over will of God
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Homework!
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Study Questions #18-24 on pg. 83
Practical Exercises #9-12 on pg. 85
Workbook Questions #30-34 on pgs. 4548
Due THURSDAY, March 10
Mortal and Venial Sins
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Mortal Sin: grave offense against God
that destroys our relationship with Him
- Grave matter: serious violation of moral
law
- Full knowledge: know that it’s wrong
- Complete consent: deliberate
cooperation in a sinful act
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Venial Sin: less serious offense that
offends the love of God
- weakens our relationship with Him
- could contain grave matter but without
full knowledge or complete consent
- repetition of even venial sins can lead to
a life of vice
Effects of Sin
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“Mortal sin destroys charity in the heart of
man...; it turns man away from God, who is
his ultimate end and beatitude....Venial sin
allows charity to subsist, even though it
offends and wounds it.” (CCC 1855)
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Effects of mortal sin
- principal effect is loss of sanctifying
grace and charity
- interior emptiness and profound
disillusionment
- enslavement to the passions
- Sacrament of Penance restores a
person to his previous state of grace
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Effects of venial sin
- lukewarmness toward Gospel message
- dulls charity
- loss of interest in following Christ
- makes New Commandment nearly
impossible
- can prepare the way to committing
mortal sins
10 Commandments and the
Teachings of Christ
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For the Israelites, 10 Commandments were
the basic guidelines for human conduct
Christ teaches the Commandments are a
stepping stone to a higher morality
- New Covenant exceeds and perfects
the Mosaic Law
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We suffer when we do wrong and prosper
when we do good
- don’t always see this
- moral act always changes us for better or
worse
Decalogue: from Greek for “ten sayings”
- refers to the Ten Commandments
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The Old Law is summarized in the 10
Commandments
- first stage of God’s Revelation to His
people
- conveys many of the truths in the natural
law
- prepares for the New Law as revealed
by Jesus Christ
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“The Lord prescribed the love of God and
taught justice towards our neighbor so that
man might not be unjust, or unworthy of
God. Thus, with the Decalogue, God was
preparing man to be His friend and to have
the same heart for his friend....The words
of the Decalogue persist also among us.
Far from being abolished, they have
received an amplification and development
in the Incarnation of the Lord.”
•~St. Iranaeus of Lyons
The Ten Commandments
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I am the Lord your God: you shall not have strange gods before me
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You shall not take the name of the Lord your God in vain
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Remember to keep holy the Lord’s Day
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Honor your father and your mother
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You shall not kill
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You shall not commit adultery
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You shall not steal
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You shall not bear false witness against your neighbor
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You shall not covet your neighbor’s wife
10. You shall not covet your neighbor’s goods
Precepts of the Church
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Precepts of the Church are applications of
the 10 Commandments and the two
greatest commandments
- To love God with your whole heart
- To love your neighbor as yourself
1. You shall attend Mass on Sundays and
Holy Days of obligation and rest from
servile labor
- Keep holy the Lord’s day
2. You shall confess your sins at least once a
year
- because God’s mercy is great and He
wants us to be fully united with Him
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3. You shall receive the Sacrament of the
Eucharist at least during the Easter
season
- Eucharist is the life-giving force of the
Body of Christ
4. You Shall observe the days of fasting and
abstinence established by the Church
- Ash Wednesday and Good Friday
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5. You shall help to provide for the needs of
the Church
- includes your own parish (community and
priests), the universal Church, and the
pope
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Homework!
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Study Questions #17-23 on pg. 121
Practical Exercises #5-8 on pg. 123
Due WEDNESDAY, March 16
The Beatitudes
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Blessed are the poor in spirit, for theirs is the kingdom of heaven
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Blessed are the merciful, for they shall obtain mercy
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Blessed are those who mourn, for they shall be comforted
Blessed are the meek for they shall inherit the earth
Blessed are those who hunger and thirst for righteousness, for they shall be
satisfied
Blessed are the pure in heart, for they shall see God
Blessed are the peacemakers, for they shall be called sons of God
Blessed are those who are persecuted for righeousness’s sake, for theirs is
the kingdom of heaven
Blessed are you when men revile you and persecute you and utter all kinds
of evil against you falsely on my account. Rejoice and be glad, for your
reward is great in heaven
Beatitudes as Perfection of
the Moral Law
- Beatitudes are directives aimed at conforming
the human spirit to the heart of Christ
- To love as Christ loved
- detachment from material possessions
- humble disposition
- pure and meek heart
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“The Beatitudes depict the countenance of Jesus
Christ and portray His charity. They express the
vocation of the faithful associated with the glory of
His Passion and Resurrection; they shed light on the
actions and attitudes characteristic of the Christian
life; they are the paradoxical promises that sustain
hope in the midst of tribulations; they proclaim the
blessings and rewards already sacred, however dimly,
for Christ’s disciples; they have begun in the lives of
the Virgin Mary and all the saints.”
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Catechism of the Catholic Church 1717
Conclusion
- God’s laws are the path to
profound personal fulfillment
and intense happiness.
- Civil laws should reflect
moral law
- We each have the
responsibility to work
towards a more just society
- A concern for justice and
resistance to evil must be
balanced with Christian love
and genuine respect for civil
authority
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