8 Impediments of Voluntariness

8/10/2019 8 Impediments of Voluntariness

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IMPEDIMENTSTO

MORALITY


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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.


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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


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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


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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.


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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.


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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.


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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.


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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


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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)


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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


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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


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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


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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


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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


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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


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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.


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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.


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PRINCIPLESONPASSION

An tecedent passion lessens voluntariness, and

therefore lessens responsibility.

Consequent passionincreases voluntariness,

and therefore increases responsibility.


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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


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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,


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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.


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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


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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


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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.


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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


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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


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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


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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


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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.


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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.


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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


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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.


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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


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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.


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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.


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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

8 Impediments of Voluntariness

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