Chapt 2 Health Ethics 2

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Chapter 2

HUMAN AC
TS
I. What is a Human Act?
Elements of Human Act

Knowledge
Freedom
Hmmm ! This what
I am going to do !
Voluntariness
Hey , I will do
it !
The two Rational faculties of
Man
INTELLECT : tends towards the
TRUTH as its object.
( mind/intelligence)

FREE WILL: tends towards the


GOOD as its object.
Is Health Care Practice a
Human Act ?
Health Care Practice is a human act
because of the three constitutive
elements at work. The prevention,
treatment and management of illness and
the preservation of mental, physical, well-
being through the services of the health
care practitioners are acts knowingly,
freely, and voluntarily done.
What is an Act of Man?
ACTS OF MAN
ACTUS HOMINIS

ACTIONS WHICH ARE PERFORMED WITHOUT THE


INTERVENTION
OF THE INTELLECT AND THE FREE WILL

THEY COMPRISE ALL SPONTANEOUS


BIOLOGICAL AND SENSUAL PROCESSES
ACTS OF MAN:

0 INVOLUNTARY actions
0 Actions which merely happen in the body or through
the body without the awareness of the mind or the
control of the will.
0 Nutritive processes of the body, circulation, respiration,
growth, chemical reaction.
0 They comprise all spontaneous, biological, & sensual
processes without the use of reason.
Human Acts can be:
Ethical
Good, moral
Unethical
Bad, immoral, evil
Indifferent, amoral
Ethical – correct, acceptable

Unethical – incorrect, unacceptable

Moral – specific sense: good


MORAL – one who correctly judges between right &
wrong, and consequently act on what is virtuous.
- general sense: deals with the question of good or
bad.

Immoral – wrong, bad, evil, sinful


- one who does not act in conformity with the
principles of right and wrong.
 AMORAL
1. Not involving questions of right or wrong; without moral
quality; neither moral nor immoral.

INDIFFERENT NEUTRAL

2. When a person is blind to some moral values.

2.A
--- Unaware of what is right or wrong
--- Do not possess ethical notions at all as a result
of an unusual upbringing or inborn.
2.B
-- Lacking moral sensibility; one who is not concerned
with any moral standards at all;
--not caring about right and wrong;
--having no moral standards, restraints or principles;
--with callous conscience.
HUMAN ACT proceeds from a rational Being. It is an act
distinctively and exclusively belongs to the human person.

Reason dictates that deliberate, free, and voluntary act


should be ascribed to man’s responsibility.

IMPUTABLBE - To impute – to charge/accuse a person


with fault, an offense or a crime.

CULPABLE – guilty, blameworthy, (Latin) “mea culpa” –


my fault.

ACCOUNTABLE – answerable or responsible

LIABLE - legally responsible.


Human Acts – voluntary, deliberate, intentional acts.
[knowledge, freedom, Will/ consent/
voluntariness]:
 ELICITED
 COMMANDED

KINDS OF ELICITED HUMAN ACTS


1. Wish
2. Intention
3. Consent
4. Choice / Election / Selection
5. Use
6. Fruition / Satisfaction
Elicited acts – a simple WILL-ACT
WISH – the first tendency of the will towards a thing,
whether this thing be realizable or not. It is the simple
love of a thing. (Desire)

INTENTION – the purposive tendency of the will


towards a thing regarded as realizable, whether the
thing is actually done or not. (Active Desire; will to
obtain it).

CONSENT – the acceptance by the will of the means


necessary to carry out the intention.
(A definite decision).
ELECTION – the selection by the will of the precise
means to be employed in carrying out the intention.

USE – the employment by the will of powers to carry


out its intention by the means elected.

FRUITION – the enjoyment of the thing willed & done;


the will’s act of satisfaction in intention fulfilled. (The
actual attainment & enjoyment of the desired good).
COMMANDED ACTS – under orders from the will
1. INTERNAL – acts done by internal mental powers
under command of the will. {Effort to remember,
conscious reasoning, effort to control anger,
deliberate use of the imagination in visualizing a
scene}

2. EXTERNAL – acts effected by bodily powers under


the command of the will. {Deliberate walking, eating,
writing, speaking}

3. MIXED – acts that involve the employment of bodily


& mental powers. {Study which involves the use of
intellect and the use of eyes in reading…}
DEGREES OF VOLUNTARY ACTS / EFFECTS

1.Perfect and Imperfect


voluntariness
2.Simple and conditional
voluntariness
3.Actual, virtual, habitual and
interpretative voluntariness
4.Positive and negative
voluntariness
5.Direct and indirect
voluntariness
PERFECTLY VOLUNTARY ACT

IS AN ACT WHICH IS PERFORMED WITH FULL


ATTENTION
AND FULL CONSENT OF THE WILL.
IMPERFECTLY VOLUNTARY

IS AN ACT IF ATTENTION OR CONSENT OF THE


WILL OR BOTH ARE IMPERFECT
Simple/conditional
Simple
voluntariness in a
human act performed
whether the agent
likes or dislikes doing
it

Conditional voluntariness is present


in the agent’s wish to do something other
That which he is actually doing but doing
With repugnance or dislike.
Actual/ Virtual/
Interpretative
Actual voluntariness – present in a human act willed here
and now.
Virtual voluntariness – present in a human act as a result or
by virtue of a formerly elicited actual intention even if that
intention be here and now forgotten.
Habitual voluntariness- present in a human act done in
harmony with, but not as a result of a formerly elicited and
unrevoked actual intention.
Interpretative voluntariness – which in the judgment of
prudence and common sense, would actually be present if
opportunity or ability for it were given.
POSITIVELY VOLUNTARY
ACT

THE WILL EFFECTS


SOMETHING POSITIVELY
BY EXERCISING ACTIVE
INFLUENCE ON THE
CAUSATION OF AN
OBJECT
FOR EXAMPLE, INJURING
A NEIGHBOR BY SETTING
HIS HOUSE ON FIRE
NEGATIVELY VOLUNTARY
ACT

THE WILL EFFECTS


SOMETHING NEGATIVELY
BY VOLUNTARY OMISSION
OF AN ACT WHICH COULD
HAVE AVERTED AN EVIL
TO ANOTHER PERSON OR
HELPED HIM TO SECURE A
GOOD FOR EXAMPLE, NOT
TO EXTINGUISH A FIRE
ALREADY STARTING IN A
NEIGHBOR’S HOUSE
Direct and Indirect
Voluntariness
Direct voluntariness – present in a human act willed itself.
By willed in itself it is meant the act is done as a means to
achieve an end which is the goal or purpose for which the
agent is doing the act. The act is directly intended.

Indirect voluntariness – present in the human act which is


the forseen result that could and should have been foreseen
of another act directly willed. The indirect voluntary act is an
act serving as an effect that is not directly willed or
intended, of an act which is directly willed or intended
serving as its cause.
DETERMIN
ANTS
OF MORALI
TY
Determine how an act is rendered good or bad on the
basis of its relation to the norm

If these three determinants are good, the entire action


is good. If even one of the three is bad, then the entire
act becomes evil.
THE PRINCIPLE
“BONUM EX INTEGRA CAUSA MALUM EX QUOCUMQUE
DEFECTU”

- it means that a thing is good if it has the fullness of


its parts and it is bad when it is deficient in any of its
integral parts
IN MORALITY
- Human act is good, when it is good in itself, in its
motive, and in the circumstances surrounding the act.
- Defect coming from any of those aspects renders the
act morally objectionable.
0 OBJECT (Act in itself)
0 END
0 CIRCUMSTANCE
(1) THE OBJECT
- The human act performed, the deed done
- In morality, actions are bad because they destroy the
innate goodness, the image of God in our human
nature.
EVIL ACTS
INTRINSIC EVIL EXTRINSIC
0 An act which is evil in 0 That which
itself
0 Murder
although good or
0 Abortion indifferent but is
0 Stealing made evil,
0 Rape
nonetheless, on
account of
(acts that prevent man
from realizing his true something else
worth as a person (for instance,
created in the image
and likeness of God) prohibited by law)
(2) THE END
0 The purpose by which the doer wishes to achieve by
such action
0 It gives direction and motivation to an act
0 Without a motive, an act becomes meaningless
Kinds of Motive
Good motive Bad motive
0 One which is
0 One which grows
consistent with
from selfishness
the dignity of the
human person 0 Provokes actions that
0 One which is in are detrimental to
accordance with others
virtues of truth,
justice,
temperance and
prudence
THE AXIOM
“THE END DOES NOT JUSTIFY THE MEANS”
The worthiness of a purpose does not make an evil act
good

FOR EXAMPLE:
A student, in order to pass the course, cheats in an exam
An employee, in order to be promoted in the job, fakes his
document
THE EFFECTS OF THE
MOTIVE ON THE ACTION

(a) AN EVIL ACT WHICH IS DONE ON ACCOUNT OF AN


EVIL MOTIVE BECOMES DOUBLY EVIL (GRIEVOUSLY
WRONG)
THE EFFECTS OF THE
MOTIVE ON THE ACTION

(b) A GOOD ACTION DONE ON ACCOUNT OF AN EVIL


MOTIVE BECOMES EVIL TSELF
THE EFFECTS OF THE
MOTIVE ON THE ACTION

(c) A GOOD ACTION DONE ON ACCOUNT OF A GOOD


MOTIVE IS A DOUBLY GOOD ACT
THE EFFECTS OF THE
MOTIVE ON THE ACTION

(d) An indifferent act may either become good or bad


depending on the end
(3) THE CIRCUMSTANCE

AN ACT IS ACCOMPANIED BY CERTAIN WHICH


CONTRIBUTE TO THE NATURE AND ACCOUNTABILITY
OF THE ACT
WHO

refers primarily to the doer of the act = who is the


agent?

at times, it also refers to the receiver of the act = to


whom is the action done?

this circumstance includes the age, status,


relation, family background, educational
attainment, health and socio-economic situation
of the person or persons involved in an act 
PRINCIPLES
a) The moron, the insane, the senile, and the children below
the age of reason are considered incapable of voluntary acts
and therefore are exempted from moral accountability.

But actions against these persons are normally regarded


most cruel due to their helplessness in defending themselves
 
b) Persons with higher educational attainment are presumed
to know “better” than those with little education. Accordingly,
their liability is higher. Indeed, “to whom much is given,
much is expected.” 
PRINCIPLES
c) Persons vested with authority have higher
accountability than those who merely follow their
order or command. This is the meaning of “command
responsibility” which makes a superior or official
accountable for the actuation of those under their
authority.

d) The relationship between people involved in act


may modify the nature of such act.

In this sense, adultery is different from fornication, and


parricide from homicide
WHAT

refers to the act itself and to the quality and quantity


of the results of such act.

- what is the extent of the act? Was the injury inflicted


serious or slight? Was the amount stolen large or
small? 
WHERE

refers to the circumstance of place where the act is


committed

where was the act committed?


WITH WHOM

refers to the companion or accomplices in an act


performed. This includes the number and status of the
persons involved.

The more people involved in the commission of an act,


the greater and more serious is the crime
HOW

refers to the manner how the act is made possible

under what condition? Was the action performed by the


agent done in good or bad faith?
WHEN

refers to the time the act takes place

when was the act committed?


 
EFFECT OF THE
CIRCUMSTANCE TO THE ACT
1) Circumstances may either increase or decrease the
wrongfulness of an evil act

2) Circumstances also may either increase or decrease


the merits of a good act
 
3) Some circumstances may alter the nature of an act
PRINCIPLES
 
1) An indifferent act becomes good or evil by reason of
its circumstance
 
2) A good act may become evil by reason of
circumstance
 
3) A good or evil act may become better or worse by
reason of the circumstance  
PRINCIPLES
4) An evil act can never be made good by circumstance
 
5) A circumstance which is gravely evil destroys the
entire goodness of an objectively good act
 
6) A circumstance which is evil but not gravely so does
not entirely destroy the goodness of an objectively good
act.
IMPEDIMENTS TO MORALITY

IMPAIRMENTS TO HUMAN FREEDOM ARE REALITIES


WITH WHICH ETHICS AND JURISPRUDENCE
HAVE TO RECKON CONCERNING THE MORALITY
OF THE HUMAN ACT
IMPAIRMENTS OF REQUIRED KNOWLEDGE:
IGNORANCE
ERROR
INATTENTION

IMPAIRMENTS TO FREE CONSENT:


PASSION
FEAR AND SOCIAL PRESSURES
VIOLENCE
DISPOSITIONS AND HABITS
IGNORANCE
Ignorance is lack of knowledge
about a thing in a being capable of knowing.

Ignorance is divided as invincible and


vincible.
Ignorance of the law –is alack of knowledge that a
particular law exists, as when a driver does not know
there is an 80 kilometer per hour speed limit for a
particular road.
Ignorance of the fact – is the lack of realization that
one is violating a law, when a driver knows there is an
80km/hr speed limit bit does not realize that he is
travelling at 100.
INVINCIBLE IGNORANCE

THAT IGNORANCE WHICH A MAN IS NOT ABLE TO


DISPEL
BY SUCH REASONABLE DILIGENCE

THIS COMPLETELY TAKES AWAY THE


VOLUNTARINESS OF THE MALICE AND HENCE ITS
RESPONSIBILITY TOO.
VINCIBLE IGNORANCE
IGNORANCE THAT CAN BE DISPELLED

THIS DOES NOT TAKE AWAY CULPABILITY AS IT IS


VOLUNTARY IN CAUSE OR IS PROVOKED BY CONSCIOUS
NEGLIGENCE OR EVEN BAD WILL
VINCIBLE IGNORANCE GENERALLY
DIMINISHES VOLUNTARINESS AND
RESPONSIBILTY,
SINCE ACTUAL INSIGHT AT THE TIME OF ACTING
IS LACKING

THREE KINDS OF VINCIBLE IGNORANCE


SUPINE, SIMPLY VINCIBLE, AFFECTED IGNORANCE
PRINCIPLES THAT APPLY TO IGNORANCE AND ITS
RESPONSIBILITY:
INVINCIBLE IGNORANCE PREVENTS THE HUMAN ACT
FROM BEING VOLUNTARY IN REGARD TO THAT WHICH IS NOT
KNOWN
VINCIBLE IGNORANCE
DOES NOT TAKE AWAY THE VOLUNTARINESS
DIMINISHES VOLUNTARINESS,
AS LONG AS THE IGNORANCE IS NOT AFFECTED
SIMPLE NEGLIGENCE OR LAZINESS ( makes some but not
sufficient effortto dispel ignorance)
DOES NOT USUALLY IMPLY A FULL CONSENT
TO ALL THE POSSIBLE EVIL CONSEQUENCES WHICH MAY COME
THEREFROM
SUPINE IGNORANCE IN A SERIOUS MATTER ( mere lack of
effort)
GENERALLY MAKES THE SIN GRAVE
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 GOOD FAITH
INATTENTION
REFERS TO MOMENTARY DEPRIVATION OF INSIGHT

ATTENTION IS COMLETELY LACKING, THERE IS NO HUMAN A


BUT ONE IS RESPONSIBLE TO THE EXTENT
THAT THE ACT IS VOLUNTARY IN CAUSE
PASSION OR CONCUPISCENCE

A MOVEMENT OF THE SENSITIVE APPETITE WHICH IS


MOVED
BY THE GOOD OR EVIL APPREHENDED BY THE
IMAGINATION

MOVEMENT OF THE SENSITIVE APPETITE


THAT PRECEDES THE FREE DECISION OF THE WILL
concupiscense is the rebellion of the passions against reaso
DIVISIONS OF PASSIONS
CONCUPISCIBLE:
PASSION THROUGH WHICH THE SOUL IS SIMPLY
INCLINED TO SEEK WHAT IS SUITABLE ACCORDING TO
THE SENSES, AND TO FLY FROM WHAT IS HURTFUL.

IRASCIBLE:
WHEREBY AN ANIMAL RESISTS THE ATTACKS OF ANY
AGENTS
THAT HINDER WHAT IS SUITABLE AND INFLICT HARM
ITS OBJECT IS SOMETHING ARDUOUS,
BECAUSE ITS TENDENCY IS TO OVERCOME AND RISE
ABOVE OBSTACLES.
CONCUPISCIBLE
SIMPLE INCLINATION WITH RESPECT TO SENSIBLE OBJECT

ATTRACTION REPULSION
TOWARDS OBJECT AWAY FROM OBJECT
(GOOD OBJECT) (EVIL OBJECT)

LOVE JOY DESIRE HATRED SADNESS AVERSION


GOOD PRESENT ABSENT EVIL PRESENT ABSENT
AS SUCH GOOD GOOD AS SUCH EVIL EVIL
IRASCIBLE
INCLINATION IN VIRTUE OF AN ARDUOUS OBJECT

GOOD EVIL
DIFFICULT TO ATTAIN DIFFICULT TO AVOID

NO HOPE DESPAIR ANGER COURAGE FEAR


PRESENT ABSENT ABSENT PRESENT THREATENING THREATENING
GOOD BUT UNATTAINABLE EVIL BUT INCONQUERABLE
DIFFICULT ATTAINABLE GOOD CONQUERABLE EVIL
TO ATTAIN GOOD EVIL
Antecedent concupiscence is the sort which precedes
an act of the will and is not willfully stimulated, such
as sudden anger. ( lessens voluntary nature : lessens
the degree of moral responsibility)
Consequent concupiscence is that which is
stimulated by the will , such as anger deliberately
fostered. ( does not lessen the voluntary nature :
completely responsible)
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 FEAR WHICH COMPLETELY DARKENS
THE MIND OR PARALYZES THE WILL EXCUSES FROM
Light fear – in which the evil threatening is either
present -but -slight or grave- but- remote.
Grave fear – is that which is present when the evil
threatening is considered as serious.
Intrinsic fear – is the agitation of the mind which
arises because of a disposition within one’s own mind
or body
Extrinsic fear is that agitation of the mind which
arises from something outside oneself.
VIOLENCE
COMPULSIVE INFLUENCE BROUGHT TO BEAR UPON ONE
AGAINST HIS WILL BY SOME EXTRINSIC AGENT.
VIOLENCE IS CAUSED BY SOME PHYSICAL OR PSYCHIC AGEN

THERE IS NO IMPUTABILITY,
EXCEPT INSOFAR AS THE INNER WILL MAY HAVE CONSENTED
OR EXTERNAL RESISTANCE HAVE FALLEN SHORT
THE DEGREE NECESSARY AND POSSIBLE IN THE CIRCUMSTAN
INTERNAL RESISTANCE IS ALWAYS
NECESSARY

WHILE EXTERNAL RESISTANCE MAY NOT ALWAYS


BE CALLED FOR IT IS REQUIRED ONLY TO THE
EXTENT
THAT IT IS FORESEEN TO BE EFFICACIOUS
IN PREVENTING ACTION OR FORESTALLING
SCANDAL
Perfect violence – that in which complete resistance is
given. May either be physically or morally perfect
( entirely involuntary: no moral responsibility)
Imperfect violence- is that some resistance is shown
but not much as should be. ( less voluntary : lessened
but not taken away completely)
HABITS :
FACILITY AND READINESS OF ACTING IN A CERTAIN
MANNER ACQUIRED BY REPEATED ACTS
DELIBERATELY ADMITTED HABITS DO NOT
LESSEN VOLUNTARINESS, AND ACTIONS
RESULTING THEREFROM ARE VOLUNTARY AT
LEAST IN THEIR CAUSE
OPPOSED HABITS LESSEN VOLUNTARINESS
AND SOMETIME PRECLUDE IT COMPLETELY.
THE REASON IS THAT HABIT WEAKENS
INTELLECT AND WILL IN A CONCRETE
SITUATION IN A SIMILAR WAY.
Other Factors:
Temperament –( disposition) A person’s
temperament can affect his will to the extent of
somewhat lessening the completely voluntary nature
of his actions.
Nervous mental disorder can completely take away
the voluntary nature of certain acts or lessen the
voluntary nature of those acts
( neurasthenia, hysteria, compulsion neurosis,
melancholia, hypochondria)
For Health Care Practitioners
1. Be open minded to opportunities for growth in the knowledge of the
morality of human acts having a significant bearing not only upon
your health care practice but most significantly upon the final destiny
of your human existence.
2. Be sure of the accuracy of the kind of health care you are providing.
Remember, imperfect and indirect voluntary acts along with vincible
ignorance do not altogether excuse and exonerate you from your
accountability. ( Unless specific circumstances provide and establish
involuntary nature of an act and /or invincible ignorance in
particular act done )
3. Be familiar with the different moral and ethical principles stipulated
relevant to your tasks and be able to apply them to the different
health cases you are to encounter in your specific field of service.

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