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Module 1: CRIMINAL LAW BOOK 2

According to most theories of justice, it is overwhelmingly important: [John Rawls] claims


that “Justice is the first virtue of social institutions, as truth is of systems of thought.” Justice can
be thought of as distinct from and more fundamental than benevolence, charity, mercy,
generosity or compassion.

Justice has traditionally been associated with concepts of fate, reincarnation or Divine
Providence, The association of justice with fairness has thus been historically and culturally rare
and is perhaps chiefly a modern innovation [in western societies. It is a familiar virtue to most of
us and can be defined as rendering to others his/her rights.

Variations of Justice

1. Utilitarianism- It is a form of consequentialism, where punishment is forward-looking.


Justified by the ability to achieve future social benefits resulting in crime reduction, the
moral worth of an action is determined by its outcome.

2. Retributive Justice- It regulates proportionate response to crime proven by lawful


evidence, so that punishment is justly imposed and considered as morally correct and
fully deserved. The law of retaliation (lex talionis) is a military theory of retributive justice,
which says that reciprocity should be equal to the wrong suffered; “life for life, wound for
wound, stripe for stripe.”

3. Restorative Justice- It is concerned not so much with retribution and punishment as


with (a) making the victim whole and (b) reintegrating the offender into society. This
approach frequently brings an offender and a victim together, so that the offender can
better understand the effect his/ her offense had on the victim.

4. Distributive Justice- It is directed at the proper allocation of things — wealth, power,


reward, respect — among different people.

III - Fortitude
Enables a person to stand firm against and endure the hardships of life, to restrain fear,
or to moderate fear in the face of danger, all done in accordance with reason.

Fortitude is one of the four cardinal virtues. As such, it can be practiced by anyone,
since, unlike the theological virtues, the cardinal virtues are not, in themselves, the gifts of God
through grace but the outgrowth of habit.

Fortitude is commonly called courage, but it is different from what much of what we think
of as courage today. Fortitude is always reasoned and reasonable; the person exercising
fortitude is willing to put himself in danger if necessary, but he does not seek danger for
danger’s sake.

St. Thomas Aquinas ranked fortitude as the third of the cardinal virtues, because it
serves prudence and justice, the higher virtues. Fortitude is the virtue that allows us to
overcome fear and to remain steady in our will in the face of obstacles.

Prudence and justice are the virtues through which we decide what needs to be done;
fortitude gives us the strength to do it.
.
IV - Temperance

(Sophrosyne) in Greek is defined as “moderation in action, thought, or feeling; restraint.”


It is the habit of moderation in the use of pleasurable things.

It has been studied by religious thinkers, philosophers, and more recently, psychologists,
particularly in the positive psychology movement.

It is considered a virtue, a core value that can be seen consistently across time and
cultures. It is considered one of the four cardinal virtues, for it is believed that no virtue could be
sustained in the face of inability to control oneself, if the virtue was opposed to some desire.
Module 1: CRIMINAL LAW BOOK 2
Temperance is generally defined by control over excess, so that it has many classes,
such as abstinence, chastity, modesty, humility, prudence, self-regulation, and forgiveness and
mercy; each of these involves restraining some impulse, such as sexual desire, vanity, or anger.

So that wraps up our discussion for this module, you guys could choose to answer this
anytime you want, but make sure to finish it in two weeks. Please also be informed that although
I tried to incorporate as much information as I could in this module you would still be better
served if you will attend our online classes, for these topics will be discussed even more
extensively for better understanding so please attend our classes whenever the circumstances
would permit you to.

LET US WRAP

1. After everything that we have learned on this module, I want you to write an essay about
everything you’ve learned and how would you apply that to be a better person and a
better professional someday.

LET US ASSESS

Answer this three- part evaluation test of yours honestly so we can gauge how much you
have learned from this module. Read the questions very carefully and do not rush for you are
given ample time to finish this module. Good luck and God Bless!

PART 1. Short Answer Questions

1. Pedro was caught by his Teacher cheating to pass the examination. The Teacher talked
to Pedro and advised him that such act is prohibited and should never be done again. Explain
why the teacher’s act was ethical and moral.

a. Ethical-

b. Moral-

PART 2. Identification

2. Determine whether the following acts are considered human act or act of man. Put an X
mark on the corresponding column in identifying your answers. (2 pts. each)

Human Act Act of Man


1. killing by self defense
2. theft by a kleptomania
3. rape under the influence of drugs
4. cheating in order to pass
5. sleep walking

PART 3. Multiple Choice Questions (2 pts each)

1. If Morality is the basis of why you do or do not do things, why won’t you steal?
Module 1: CRIMINAL LAW BOOK 2
a. Because the law says it is wrong to steal.
b. Because you believe it is the right thing to do.
c. Because the society you live in deems the act to be incorrect.
d. Because the religion you belong to says it’s wrong to steal.

2. Monkey D. Luffy is seen as a jolly person. That image he shows as a jolly person is one of the
characteristics of his________.

a. Ethics
b. Values
c. Character
d. Personality

3. Patrolman Arlong Fishman always uses his sound discretion to decide situations that requires his
decisions. What cardinal virtue did he employ?

a. Justice
b. Fortitude
c. Discretion
d. Prudence

4. What cardinal virtue should Police Corporal Usopp D. Brave employ if a woman were to offer him
sex in exchange for not arresting her?

a. Fortitude
b. Patience
c. Resistance
d. Temperance

5. What modifies your act into an act of man during self-defense scenarios?

a. Fear
b. Habits
c. Violence
d. Ignorance
Module 1: INTRODUCTION TO ETHICS, VALUES AND CARDINAL VIRTUES

Course 4

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