LEGAL

RIGHTS
LEGAL RIGHTS
 These are rights derived from the state which are
not only asserted as moral prerogatives, but they
also afforded governmental and protection.
3 TYPES OF LEGAL RIGHTS
Civil Rights
- those rights which provide
opportunity to each person to
lead a civilized social life.
POLITICAL RIGHTS
 thoserights by virtue of which
citizens get a share in the political
process.

 These enable them to take an active

part in the political process.

 available
to the people in a
democratic state.
ECONOMIC RIGHTS
thoserights which provide
economic security to the
people.
Morality of Human Act
What is human act?
HUMAN ACT
 Is an act that proceed from the deliberate free
will of man.

 The act has to be advertenly or knowingly done

by the agent so as to be called human act.

 It requires the use of both the rational faculties

of knowing (intellect) and willing (freewill).
ELEMENTS OF HUMAN ACT
a) Knowledge( advertense)
- - means that the act is done in the light of the
agent’s knowing faculty.

- -he is aware and conscious of what he is doing.

- - he knows what he is performing means.

EG.

A nurse who gave aspirin to a child

who later developed an allergy to the
medication after being told by the
mother that the child has no history of
allergy to any drug cannot be held
liable.

 NOTE: negligence or ignorance should

be avoided by the nurse.
ELEMENTS OF HUMAN ACT
b.) Freedom( volition)
- means that the act is performed in accordance
with and not against the will( freewill).

- it power resides in the will to choose to do or not

to do an act without any elements of force or
coercion.
- the essential element of human act.

Eg. The more a health care practitioner knows about

healthcare, of course, the more he can exercise his
freedom to apply what he knows.
FREEDOM

 Eg.Passion such as fear and anger are

possible impediments to human acts
as they cloud a person’s judgment and
freewill.

 Nurses and doctors are not advised to

get in the treatment of their loved
ones in critical condition as their
passion may impair their freewill and
professional judgement.
ELEMENTS OF HUMAN ACT
C.) Voluntariness
- means that the act is done by the agent is
intentional.
-It is a product of his decision which is within the
power of his will or its is a willed act, an act that
is willfully done.
-it proceeds from the employment of knowledge
and freedom.
- voluntariness is there only when knowledge and
freedom are present.
TWO RATIONAL FACULTIES OF MAN
1. Intellect
- is a rational faculty that tends towards the
truth as its objects.
- it is commonly called mind or intelligence.

2. Free will
- is a rational faculty that tends towards the
good as its objects.

Eg. Loving as the greatest kind of good because of

his free will.
DOUBLE EFFECT
 Human acts with good and bad effect/ consequences
or wanted and unwanted effects.

principle of double effect/ twofold effect

 To be judged as morally good, an action with double
effect must meet the ff criteria:

a) the action must be morally good and must not be

evil in itself ( stealing, lying)
b) the good effect must be willed and the bad effect
merely allowed.
PRINCIPLE OF DOUBLE EFFECT
b.) the good effect must be willed and the bad effect
merely allowed.
- The person intends only the good effect. The evil
effect though foreseen and permitted, is not
wanted.
c.) the good effect must not come from an evil
action but must come from the initial action itself
directly.
- The good effect must immediately occur after the
action is performed or at least occur
simultaneously with the evil effect.
PRINCIPLE OF DOUBLE EFFECT
 “the good effect must have a greater
effect than the bad effect. There
should be a proportionately grave
reason to justify the evil effect”

 Eg. Myomectomy, ectopic pregnancy, PIH

ACT OF MAN
 Is
an act that does not proceed from the
deliberate free will of man.

 It
does not require the employment of the
rational faculties of intellect and free will.

 Thethree elements of human act are not

present
ACT OF MAN
1. There is no element of knowledge
- the agent is not aware and
conscious of what he is doing and
what it means.
Eg. Somnambulism (sleep walking)
2. There is no element of freedom
-act of man is not freely done.
eg. All acts of human infant
ACT OF MAN
3. Is no element of voluntariness.
- does not proceed from both knowledge and
freedom.
- requiring no decision of the will to make the
agent intend and willfully do such an act.

eg. The act of digesting – involuntary act

eg. An insane person who attacks a nurse cannot
be held liable for his actions.
WHAT ACT IS GOVERNED BY THE NORM
MORALITY?

 Morality – is the measure of relation between the

human act performed and its norm according to
the dictates of right reason, human nature, and
ultimately, God’s eternal law.

a. good act – agreement with right reason, human

rational nature, and God.
eg. Assist in delivery of the baby
b. Evil act- disagreement or in opposition to the
said norms
eg. Assist in the abortion of a baby
IMPUTABILITY

 - means the act is attributed to the agent and

that the agent is responsible and accountable for
the act.

a. praiseworthy – when the act is good.

 b. culpability – when the act is evil.

 Reasons dictates that deliberate, free, and

voluntary act should be ascribed to man’s
responsibility
DETERMINANTS OF THE MORALITY OF
HUMAN ACT

1. The ACT itself (object )- refers to the deed done

or performed.
- its morality is determined by the
motive of the agent and the circumstances
under which it is performed.

types:
a. Intrinsic morality – an act which is being
ordered of right reason, human rational nature,
and God’s eternal law.

- the goodness or evil resides in the act itself.

DETERMINANTS OF THE MORALITY OF
HUMAN ACT
b. intrinsically good act – is an act of whose goodness
proceeds from its very nature capable of being
ordered to good and to the ultimate end which is
God.
- it is good because it is good as it is self.

c. Intrinsically evil act – is an act whose evil proceeds

from its very nature incapable of being ordered to
the nature of the human person and God.
- It is evil as it is itself regardless of motive and
circumtances.
DETERMINANTS OF THE MORALITY OF
HUMAN ACT

2. The motive of the agent (end) – refers to the

end or purpose or goal to be achieved by means
of the act.
- it is the objective for which the act is done
- It is the intention of the agent in performing the
act.
- An cat which is good, in itself, may turn out to
evil by reason of the evil motive of the one
performing it.
- If acts are intrinsically evil, a good intention (
motive) can diminish their evil, but they cannot
remove it, they remain evil act per se.
DETERMINANTS OF THE MORALITY OF
HUMAN ACT

3. The circumstances – refer to the conditions in

which the a ct is done affecting its morality in
one way or another.

- they can increase or diminisdhed the goodness of

an act, and can aggravate or mitigate the evil of
an act.
Eg. Of circumtances:
a. person – refers to the agent performing the act
ot to the person to whom the act is done.
eg. Doctor or aborted baby
CIRCUMSTANCES

b. Quantity or quality of the act – the extent of the

act.
eg. Medication taken by the wrong patient.
- what is the extent of the evil effect? Is it serious
or slight.
c. Place – the venue were the act is performed.

Eg. Loud chatting/gossip in the ICU room.

d. Means or instrument – refers to that which is
used and employed in the performance in the act.
eg. Stolen BP
CIRCUMSTANCES

d. Manner – refers to the condition in which the act

is done on the way how it is performed by the
agent.
Eg. The act of giving medication to patient.

e. time- refera to the time when an act is done and

how long does an intention to do an act take
place.
Eg. Abortion is gravely evil

f. Motive of the agent – special consideration apart

from all other circumstances.