8 impediments of voluntariness
TRANSCRIPT
-
8/10/2019 8 Impediments of Voluntariness
1/37
IMPEDIMENTSTO
MORALITY
-
8/10/2019 8 Impediments of Voluntariness
2/37
The greater the knowledge and freedom, the
greater the voluntariness and moral responsibility
Hence, in order to determine the moralresponsibility of human actions, we must study the
various degrees of these components of the
voluntary act.
-
8/10/2019 8 Impediments of Voluntariness
3/37
IMPAIRMENTS TO HUMAN FREEDOM ARE REALITIES
WITH WHICH ETHICS AND JURISPRUDENCEHAVE TO RECKON CONCERNING THE MORALITY OF THE
HUMAN ACT
IMPAIRMENTS OF REQUIRED KNOWLEDGE
IGNORANCEERROR
INATTENTION
IMPAIRMENTS TO FREE CONSENT
PASSION
FEAR AND SOCIAL PRESSURES
VIOLENCE
DISPOSITIONS AND HABITS
-
8/10/2019 8 Impediments of Voluntariness
4/37
IGNORANCE
Posit ive Ignorance
lack of knowledge thatis required of the person
Negative Ignorance
lack of knowledge for ithas no importance tothe person
lack of knowledge which man should have of his
moral duties
-
8/10/2019 8 Impediments of Voluntariness
5/37
DEGREESOFPOSITIVEIGNORANCE
Invincible Ignorancethat which cannot be overcomeby the person because:
he does not realize his own state of ignorance
it is almost impossible for him to acquire proper
knowledge of the matter
1stPrincip le:Invincible Ignorance makes an actinvoluntary thus the agent is responsible for the said act.
Example: The speed limit in China is written
in Chinese.
-
8/10/2019 8 Impediments of Voluntariness
6/37
IGNORANCE
Ignorance is lack of knowledge
about a thing in a being capable ofknowing.
Ignorance is divided as invincible andvincible.
INVINCIBLE IGNORANCE
THAT IGNORANCE WHICH A MAN IS NOTABLE TO DISPEL
BY SUCH REASONABLE DILIGENCE
THIS COMPLETELY TAKES AWAY THEVOLUNTARINESS OF THE MALICE AND
HENCE ITS RESPONSIBILITY TOO.
-
8/10/2019 8 Impediments of Voluntariness
7/37
DEGREESOFPOSITIVEIGNORANCE
Vincible Ignorancethat which can be removed byordinary efforts If hardly any effort is used to dispel
ignorance
2ndPrincip le:For as long as all the necessary efforthas been exerted, vincible ignorance may lessen the
degree of culpability of the human act.
Example: You are driving in Manila, so you
must know that there is color-coding.
-
8/10/2019 8 Impediments of Voluntariness
8/37
DEGREESOFPOSITIVEIGNORANCE
Affected Ignoranceoccurs when a person
positively wants to be ignorant in order
to plead innocent to a charge of guilt (with malice)
3rd
Princip le:Affected or Pretended Ignorancedoes not excuse a person from his
bad actions; on the contrary it actually increases
their malice.
-
8/10/2019 8 Impediments of Voluntariness
9/37
VINCIBLE IGNORANCE
IGNORANCE THAT CAN BE DISPELLED
THIS DOES NOT TAKE AWAY
CULPABILITYAS IT IS VOLUNTARY IN CAUSE
OR IS PROVOKED BYCONSCIOUS NEGLIGENCE OR
EVEN BAD WILL
-
8/10/2019 8 Impediments of Voluntariness
10/37
THREE KINDS OF VINCIBLE IGNORANCE
Simpleexists when one uses some, but not enoughdiligence in an effort to remove ignorance
Crass or Supinethough not directly willed, couldand should be cleared up but left wholly undisturbed(caused by negligence or laziness)
Affected- it is deliberately fostered in order to avoidany obligation that knowledge might bring to light.(Not just the lack of knowledge but the unwillingnessof the person to dispel his ignorance)
-
8/10/2019 8 Impediments of Voluntariness
11/37
PRINCIPLES THAT APPLY TO IGNORANCE AND ITS
RESPONSIBILITY
INVINCIBLE IGNORANCEPREVENTS THE HUMAN ACTFROM BEING 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 POSSIBLE EVIL CONSEQUENCES
WHICH MAY COME THEREFROM
-
8/10/2019 8 Impediments of Voluntariness
12/37
SUPINE IGNORANCE
IN A SERIOUS MATTERGENERALLY MAKES THE SIN GRAVE
AFFECTED IGNORANCE
DOES NOT DIMINISH GUILTBECAUSE THERE IS FULL CONSENT THERE IS
FULL CONSENT
TO THE SINFUL EFFECTS WHICH RESULT FORM
SUCH IGNORANCE
SIMPLE NEGLIGENCE OR LAZINESS
DOES NOT USUALLY IMPLY A FULL CONSENT
TO ALL THE POSSIBLE EVIL CONSEQUENCES
WHICH MAY COME THEREFROM
-
8/10/2019 8 Impediments of Voluntariness
13/37
1. A cook served a meal which contains
mushrooms which was sold to her by
careless merchants. Is the cook
responsible? NO
2. A doctor prescribed a medicine to a
person which worsens his sickness. The
doctor said he is so busy with many
patients that he did not have time tostudy the latest research regarding the
sickness. Is the doctor responsible?
YES, BUT NOT FULLY
Example
s
-
8/10/2019 8 Impediments of Voluntariness
14/37
EXAMPLES
A businessman heard that there is a new
law on taxes that was just approved. He
intentionally did not read about it so he
does not have to follow the new laws. Is
the businessman responsible?YES
4. A team of government inspectors visited
a factory to find out if they comply with
labor laws. Upon arrival, they weretreated to lunch by the owner. They
reported that they did not see any
violations. Are the inspectors responsible?YES
-
8/10/2019 8 Impediments of Voluntariness
15/37
ERROR
FALSE JUDGMENT OR CONVICTION
IT ARISES FROM DEFICIENT
EDUCATION,
BAD COMPANY OR
MISLEADING INFORMATION
ONE IS NOT RESPONSIBLE
FOR THE CONSEQUENCES
OF ERROR MADE IN GOODFAITH
-
8/10/2019 8 Impediments of Voluntariness
16/37
INATTENTIONREFERS TO MOMENTARY DEPRIVATION
OF INSIGHT
IF ATTENTION IS COMLETELY LACKING,THERE IS NO HUMAN ACT
BUT ONE IS RESPONSIBLE TO THE EXTENT
THAT THE ACT IS VOLUNTARY IN CAUSE
PASSION OR CONCUPISCENCE
A MOVEMENT OF THE SENSITIVEAPPETITE WHICH IS MOVED
BY THE GOOD OR EVIL APPREHENDEDBY THE IMAGINATION
MOVEMENT OF THE SENSITIVE APPETITE
THAT PRECEDES THE FREE DECISION OF THE WILL
-
8/10/2019 8 Impediments of Voluntariness
17/37
PASSION
Strong tendencies towards the possession ofsomething good or towards the avoidance ofsomething evil.
11 chief passions:
love
hatred
joy
horror or dread
desire
sadness
despair hope
courage
fear
angerPassio ns are not bad in itsel f , bu t become
bad
when NOT contro l led by reason.
-
8/10/2019 8 Impediments of Voluntariness
18/37
PASSIONSMAYEITHERBEGOOD, BAD,
SPONTANEOUS, PREMEDITATEDDEPENDINGON
CIRCUMSTANCES
Good- when ordered by the rationalwill help man in the practice ofvirtue or the attainment
of morally good
Antecedent Passions
- passions that are elicited
or arise before it is
controlled by the will- spontaneous
BAD-when used by the rational
will to accomplish morally evil
actions
Consequent Passion-passions that are already
passed through the
intellect and controlled by
the will-premeditated
Example: hatred upon
seeing your father hurt
your mother.
Example:You keep on thinking
about how your boyfriend hurt
you, so you plan something to
hurt him back.
-
8/10/2019 8 Impediments of Voluntariness
19/37
PRINCIPLESONPASSION
An tecedent passion lessens voluntariness, and
therefore lessens responsibility.
Consequent passionincreases voluntariness,
and therefore increases responsibility.
-
8/10/2019 8 Impediments of Voluntariness
20/37
Two (2) Types of Concupiscence
1.Antecedent Concupiscencearise spontaneously before the previous judgment or
reason and before the will controls the previousjudgment of reason and before the will controls thepsychological situation
- Precedes the act of the will and is not willfully
stimulated by the will- Lessens the freedom, and hence, the responsibility of
the agent because antecedent passions tend to blindthe judgment of the intellect and block the freedom ofthe will
Example : sudden feelings of joy, hatred, pity, grief, anger,etc. as reactions to news and objects presented to thesenses
-
8/10/2019 8 Impediments of Voluntariness
21/37
2. Consequent ConcupiscenceIt is deliberately aroused by the will to ensure a more
prompt and willing operation
Consequent passions, however, do not lessen thevoluntariness but may increase it because thesepassions are deliberately excited and they are
voluntary in themselves
Example : continuously imagining and brooding over aninsult received from an enemy, a person may build
himself/herself to such a state of frenzy that she/hefinally attacks and kills his/her enemy,
-
8/10/2019 8 Impediments of Voluntariness
22/37
DIVISIONS OF PASSIONS
CONCUPISCIBLE
PASSION THROUGH WHICH THE SOULIS SIMPLY INCLINED TO SEEK WHAT IS SUITABLEACCORDING TO THE SENSES,
AND TO FLY FROM WHAT IS HURTFUL.
IRASCIBLEWHEREBY AN ANIMAL RESISTS THE ATTACKS OF ANY AGENTS
THAT HINDER WHAT IS SUITABLE AND INFLICT HARM;AND THIS IS CALLED THE IRASCIBLE,
ITS OBJECT IS SOMETHING ARDUOUS,BECAUSE ITS TENDENCY IS TO OVERCOME AND RISE ABOVE
OBSTACLES.
-
8/10/2019 8 Impediments of Voluntariness
23/37
FEAR
IS MENTAL TREPIDATIONDUE TO AN IMPENDING EVIL
IT IS FEAR OF THE SENSES AND NOT
INTELLECTUAL FEAR
WHICH IS ONE OF THE PASSIONS
INTELLECTUAL FEAR
FOR EXAMPLE THREAT OF TORTURE
DOES NOT JUSTIFY DENIAL OF FAITH
THE EMOTION OF FEARWHICH COMPLETELY DARKENS THE
MIND OR PARALYZES THE WILL
EXCUSES FROM IMPUTABILITY
-
8/10/2019 8 Impediments of Voluntariness
24/37
FEAR
a disturbance of the mind cause
by the thought of a threatening
evil.
Acts done with fear or in spite of
fearfear accompanies an act
which in itself voluntary
Acts done from or through fear
or because of fearwhen a
person is threatened
You go to night clubs with your boss
because you are afraid you might
lose your job if you do not.
Climbing a mountain
-
8/10/2019 8 Impediments of Voluntariness
25/37
PRINCIPLES: EFFECTSOFFEARONTHEVOLUNTARINES
OFHUMANACTS
Acts done with fearare voluntary
(although they may not be pleasant)
Acts done from fearor through fearordisturbance of the mind,in a certain sense is
involuntaryfor the agent is obliged to choose to
avoid the greater evil. It lessens the voluntariness
but it does not destroy it.
-
8/10/2019 8 Impediments of Voluntariness
26/37
Two Types of Fear
Grave Fear aroused by the presence of
a danger that is regarded by
most people as serious
Slight Fear aroused by danger that is
not serious and a grave danger
that is not very probable
-
8/10/2019 8 Impediments of Voluntariness
27/37
VIOLENCE
COMPULSIVE INFLUENCE BROUGHT TO BEAR UPON ONE
AGAINST HIS WILL BY SOME EXTRINSIC AGENT.
VIOLENCE IS CAUSED BY SOME PHYSICAL OR PSYCHICAGENT
THERE IS NO IMPUTABILITY,EXCEPT INSOFAR AS THE INNER WILL
MAY HAVE CONSENTEDOR EXTERNAL RESISTANCE HAVE
FALLEN SHORTOF THE DEGREE NECESSARY ANDPOSSIBLE IN THE CIRCUMSTANCE
-
8/10/2019 8 Impediments of Voluntariness
28/37
INTERNAL RESISTANCE IS ALWAYS
NECESSARY
WHILE EXTERNAL RESISTANCE MAY NOT ALWAYS BE CALLEDFOR
IT IS REQUIRED ONLY TO THE EXTENTTHAT IT IS FORESEEN TO BE EFFICACIOUS
IN PREVENTING ACTION OR FORESTALLING SCANDAL
-
8/10/2019 8 Impediments of Voluntariness
29/37
Two (2) General Types of Violence
Perfect
one in which complete resistanceis given. Every possible means ofphysical resistance is utilized as in the
case of a woman being raped by threemen, she resists perfectly but herresistance is not good enough
Imperfect
when some resistance is shown butnot as much as should be
-
8/10/2019 8 Impediments of Voluntariness
30/37
VIOLENCE
application of external force on a person by another
free agent for the purpose (Compulsion) of
compelling him to do something against his will.
Principle:Physical Actions resulting from violence
are involuntary by themselves.
-
8/10/2019 8 Impediments of Voluntariness
31/37
EXAMPLES
A woman resists three rapists as much as shecan, and is overpowered.
You resis t , but no t to the fu l l extent that you
can, then you are sti l l respon sible, but no t
ful ly.
Example:
Two suspicious looking people knock on your
front door. You refuse to open it, but when they
insist you open the door anyway, and they rob
the house.
You do no t resist because it
wou ld be uselessanyway, then y ou are NOT
responsible.
Example:
While riding a jeepney, a personpoints a gun
to you and he tells you to collect
all the Cell phones of the other
passengers.
A person is beaten up until he is
forced to lie
during a police investigation.
-
8/10/2019 8 Impediments of Voluntariness
32/37
HABITS
-a constant and easy way of doing things acquired
by the repetition of the same act
** What is important is the EFFORT of the person
to free himself from the habit
** Culpability of acts from habit increases or
decreases depending upon the effort exerted
-
8/10/2019 8 Impediments of Voluntariness
33/37
HABIT
Can be a virtue or a vice.
A vice does not lessen the responsibility.
Example: I spit on the floor out of habit.
A vice can lessen responsibility if one is trying to
correct it.
Example: I am trying to correct my habit of
saying bad words.
-
8/10/2019 8 Impediments of Voluntariness
34/37
HABITS
FACILITY AND READINESS OFACTING IN A CERTAIN MANNER
ACQUIRED BY REPEATED
ACTS
DELIBERATELY ADMITTED
HABITS DO NOT LESSEN
VOLUNTARINESS
AND ACTIONS RESULTINGTHEREFROM
ARE VOLUNTARY AT
LEAST IN THEIR CAUSE
-
8/10/2019 8 Impediments of Voluntariness
35/37
OPPOSED HABITS LESSENVOLUNTARINESS
AND SOMETIME PRECLUDE ITCOMPLETELY
THE REASON IS THAT HABITWEAKENS INTELLECT AND WILL
IN A THE CONCRETE SITUATIONIN A SIMILAR WAY.
Sources:
Christian Ethics(Moral Theology in the Light of Vatican II)Rev. Dr. Karl H. Peschke, SVD
Christian Moralityin Contemporary SocietyEstebanSalibay, Jr.
-
8/10/2019 8 Impediments of Voluntariness
36/37
CLASSACTIVITY
1. Divide into groups of 5
2. Think of one situation for each of the Modifiers of Human Act.
It should show that the responsibility of
person changes because of the modifier.
3. Describe each situation in the class.
Example: A waiter in a restaurant did not issue a receipt to acustomer. He did this because he was told not to do it,and he feared losing his job. (Mod if ier is fear).
4. Each situation is worth 5 points.
-
8/10/2019 8 Impediments of Voluntariness
37/37
Read each case very carefully.Identify the impairment (s)
present. State the morality of
the moral agents act and justifyyour answer by using a moral
principle applicable to the givensituation.
1. A senior student working on one of the building floorssuspects that a recently hired cleaner is taking a pettycash from patients when they are too sick to know of it.She says to herself, what you dont know wont hurt you,and fearing a scene if she brings the matter to theattention of the nurse in charge, she decides not toinvestigate the matter further but to let her suspicionremain just that.
2. A young man deliberately reads an obscene book before adate with his girlfriend. What follows next is sexually
de iant beha ior kno n as PMS