THE NORMS OF MORALITY

(Law and Conscience)

In every human act performed, there are some norms or standards of acting
that people follow. When we drive our cars, we follow driving standards and
traffic rules. Without those standards or rules, the streets will consequently
become war zones. The same can be said with regard to the moral behavior of
people. Norms of moral actions are highly necessary if people have to live in
peace, order and harmony.
There are two norms of moral or ethical actions as recognized and
understood in Ethics in general. They are Law and Conscience.

LAW
There are various ways to define the concept of law. The great Dominican,
St. Thomas Aquinas, has in the 13th century crafted a classic definition that
subsumes both the legal and moral dimension of the nature of law. He defined it
as “an ordinance of reason promulgated by a competent authority for the
common good.” As an ordinance, a law possesses the inherent power to compel
people to follow. It also has power to impose disciplinary measures like monetary
penalties, punishments of incarceration, expulsions, or loss of property, liberty
and in extreme cases, life.

Kinds of Law
1. Eternal Law – refers to the divine will or command that directs all actions
and movements in the universe. It commands that the natural order of
things be preserved and forbids that it be disturbed. The eternal law directs
all things in the universe making them tend toward an end which is God
Himself. It is conceived in eternity, and is therefore applicable to all in the
universe, hence, it is called Eternal Law. It is unchangeable and universal.
2. Natural Law – is the eternal law as known to man by his reason. By the light
of his understanding, man knows the natural order in the existence of things
which he recognizes as that which has to be preserved. Acknowledged by
man’s reason, the one which is in keeping with the said order is good while
the other which is not in keeping with it is evil.
Hence, the natural law provides man the general rule as known to his
reason: the good is to be done and evil is to be avoided. This is the
fundamental provision of natural law in the preservation of order and in the
avoidance of its disturbance – “do good and avoid evil.”
These principles guide a moral subject in sustaining and preserving
basic relationship with God, fellowmen, himself and creation. It guides him
on how he should behave as he has also responsibility with others while
pursuing harmony with those who also work to achieve it. This relationship
is not only limited to himself with other moral beings, but also with the
environment in which he lives as he is duty bound to preserve harmony
with it, both for the good of the environment and for his own physical and
moral well-being.
Examples of these general moral precepts are protecting and
preserving the self, reproducing and educating one’s offspring, knowing the
truth, and living in a society.
Properties of Natural Law
a. Natural law is obligatory – since it is intrinsically inscribed within
human nature, the natural law is always binding and mandatory. b.
Natural law is recognizable – by reason, man recognizes the
natural law providing that good should be done while evil should.
be avoided. This recognition transcends different beliefs, cultures
or traditions.
c. Natural law is immutable – by being immutable is meant not
capable of changing and that it remains to be the same at all times
and in all circumstances.
d. Natural law is universal – the biding force of natural law extends
 to all human beings in the four corners of the world.
3. Positive Law – is a participation of the eternal law and natural law by means
of a positive promulgation, that is, statutes, codes, and regulations that
have been enacted by a legislature. It is derived from natural law by the use
of human reason, and must be in conformity with it.
There are two kinds of Positive Law:
a. Divine Positive Law – is a participation of the eternal law and natural law
promulgated by a special command of God and as such we find in
scripture; for example, the Ten Commandments.

b. Human Positive Law – is a participation of the eternal law and natural

law promulgated for the common good by a human agency in charge of
a society. However, no human law that contradicts the natural law is a
true law, but it need not merely re-echo the natural law.

There are two kinds of Human Positive Law:

b1. Ecclesiastical Law – refers to human positive law enacted by the

church through its ecclesiastical governing authority. Example: Law of
Fasting or Abstinence

b2. State or Civil Law – refers to human positive law enacted by the
state through its legitimate body of legislature. Example: The
Philippine Constitution

CONSCIENCE
This second norm of morality refers to “the practical judgment that
determines that an act is good, therefore to be done; and evil, therefore to be
avoided.” Etymologically, conscience comes from two Latin terms, “con” and
“science”, that is literally, “with knowledge”. An act of conscience is therefore an
act that has basis on some knowledge.
Conscience is said to be the subjective norm of morality. This is because it is
borne out of the mental judgment of man and therefore may be erratic and prone
to miscalculations by the human reason. When the conscience makes rules or
policies, it passes judgment and pronounces sentences on man’s moral actions. It
sometimes commends and approves on what people do. In all of these,
conscience evaluates the quality of the human act on whether it is desirable or
undesirable.

Types of Conscience
A. In relation to its object
1. Correct Conscience – is present in the judgment of an act as good when
it is truly good and an act as evil when it is truly evil.
2. Erroneous Conscience – is present in the judgment of an act as good
when it is evil and an act as evil when it is good.

B. In relation to its assent

1. Certain Conscience – is present when there is an assured and firm
judgment of an act without any fear of being in error.
2. Doubtful Conscience – is present when there is no sure judgment of
whether an act is good or bad.
3. Lax Conscience – is a type of conscience which perceives even morally
grave evils as allowable. It finds and makes excuses of evil acts by
rationalizing and justifying them.
4. Scrupulous Conscience – is a type of conscience which perceives evil in
an act when there is none. In a way, it is the opposite of laxity.

Moral Responsibilities for One’s Conscience

• When conscience is properly formed and informed, the agent is morally

 obliged to obey it in all circumstances.
• A person should always act in conformity with a certain conscience. •
It is never morally permissible to act with a doubtful conscience.
Sources:

Manlangit, OP, Jerry. Fundamental Concepts, Principles and Issues in Bioethics

Vol. 1. Manila: UST Publishing House. (2010).

Sambajon, Marvin Julian, Jr. Health Care Ethics. Manila: C & E Publishing,
Inc. (2007).