What is PRINCIPLE?

a comprehensive and fundamental law,

doctrine, or assumption

 is that from which something proceeds in

any manner.
What is MORAL/ETHICAL PRINCIPLE?

 Moral principles refers to a fundamental rule of

moral law containing certain truth from which
knowledge of a definite moral action for performance
proceeds along with the provision of solution to
specific moral problems or issues.

 Ethical principles are part of a normative theory that

justifies or defends moral rules and/or moral
judgments; they are not dependent on one's subjective
viewpoints.
Other Relevant
Ethical
Principles
Principle Of Double Effect
• One act can embrace two effects – an intended good
effect and an unintended bad effect
• Morality of the act is governed by the intended effect
• Ethically permissible only if:
- Act is morally good or at least morally
neutral
- Only good effect is intended
- Good results outweighs the bad result
Principle Of Double Effect
 Principle of Double Effect Guiding Elements

1. The course chosen must be good or at least morally neutral.

2. The good must not follow as a consequence of the

secondary harmful effect.

3. The harm must never be the intended but merely tolerated

casually connected with the good intended.

4. The good must outweigh the harm.

Principle of Cooperation
 COOPERATION is working with another in the
performance of an action.

 Thedegrees of cooperation may vary according to the

gravity or essentiality of the shared act in the
performance of an evil action.
Principle of Cooperation
 FORMAL COOPERATION - consists of an explicit
intention and willingness for the evil act. The one
formally cooperating categorically wills and intends the
evil action.

 MATERIAL COOPERATION - consists of an act

other than the evil act itself but facilitates and contributes
to its achievement. The one materially cooperating may
provide means apart from the evil act itself which is used
to carry out the performance of an evil act.
 Principle of Common Good and
Subsidiarity
 The common good is the "good that comes into existence
in a community of solidarity among active, equal agents.“
 Essential to the common good is participation by all in all
spheres of society.

 PRINCIPLE OF SUBSIDIARITY- means that what an

individual, lower or smaller group can achieve within
his/her or its capacity should not be taken away and
transmitted to the custody and performance of a higher or
bigger group.
Principles of
BIOETHIC
S
 Principle of Stewardship
 refers to the expression of one’s responsibility to take
care of, nurture and cultivate what has been entrusted
to him.
 Human life comes from God and no man is the master
of is own body.
 Humans are mere stewards or caretakers, with
responsibility of protecting and cultivating spiritual
bodily functions.
 We are obliged to take care of ourselves.
“No one can in any circumstance, claim for himself the right to destroy
an innocent human being.”
Principles of Integrity and Totality
INTEGRITY refers to each individuals duty to “preserve
a view of the whole human person in which the values of the
intellect, will, and conscience are highly distinguished”.

TOTALITY refers to the duty to preserve intact the

physical component of the integrated bodily and spiritual
nature of human life, whereby every part of the human body
“exists for the sake of the whole as the imperfect for the
sake of the perfect”.
Principles of Integrity and Totality
• These principles dictate that the well-being of the whole
person must be taken into account in deciding about any
therapeutic intervention or use of technology.

• Therapeutic procedures that are likely to cause harm or

undesirable side effects can be justified only by a
proportionate benefit to the patient.

• The whole is greater than any of its parts.

Organ Donation Ethical Issues
• Because these donations require a transplant from
one living person to another, a moral dilemma
involving the principle of totality arises. According to
this principle, the parts of the body are ordered to the
good of that specific body. Therefore, the surgical
mutilation of a donor for the good of the recipient
must not seriously impair or destroy bodily functions
or beauty of the donor.
Example
• Both eyes are necessary for certain visual
functions. A living person would seriously impair
his ability to see if an eye were donated to another.
Such a sacrifice would detract from the wholeness
or full functioning of the donor's body. It would be
a bad means to a good end, and therefore morally
wrong.
 Principle of Ordinary and
Extraordinary Means
Ordinary means = reasonable hope of
benefit/success; not overly burdensome; does not present an
excessive risk and are financially manageable
• Proportionate to the state of the patient

Extraordinary means = no reasonable hope of

benefit/success; overly burdensome; excessive risk and are
not financially manageable
• No obligation to use it/morally optional
Principle of Personalized Sexuality

Personalized Sexuality is based on an understanding of

sexuality as one of the basic traits of a person and must be
developed in ways consistent with enhancing human dignity.

• The gift of human sexuality must be used in marriage in

keeping with its intrinsic, indivisible, specifically human
teleology.

• It should be a loving, bodily, pleasurable expression of the

complimentary, permanent self-giving of a man and a woman to
each other, which is open to fruition in the perpetuation and
expansion of this personal communion through the family they
beget and educate.
Foundations
of
LAW
LAW
 A body of rules of action or conduct prescribed by
controlling authority and having binding legal force.
 Minimum standard of expected performance between
individuals in a society.
Basic Sources for Modern Law
Fundamental Principles of Law

 Justice and fairness

 Plasticity and change
 Doctrine of Individual Rights and Responsibilities

Lawsuit
 begins when a plaintiff files a complaint or petition with the
court that addresses the elements of prima facie case
(legally sufficient to establish a case)

Plaintiff a person who brings an action in a court of law

Defendant a person against whom an action is brought

Steps in Lawsuit
Public Law

Crimes according to seriousness and level of

punishment…
Felony Misdemeanor
More serious breach of law Punishabe by less than a
year of imprisonment in
a jail
Punishable by death or Theft of small amount
improsonment
Murder Disorderly conduct
Rape
Robbery
Private Law

Tort Contract Law

A private or civil wrong Breach of contract
or injury
Breach of Contract
 Failure, Without legal excuse, to perform any
promise that comprises the whole part of the contract

Basic Objectives of Tort Law

1. Preservation of peace between individuals
2. Determining of fault
3. Compensation for injury
 Categories of Torts

1. Negligent Tort

Negligence is the unintentional commission or omission of

an act that a reasonably prudent person would or would not
do under the same or similar circumstances

∙ Harm caused by carelessness of a professional health

provider
Malpractice is a type of Negligence
 Forms of Negligence

Malfeasance – execution of an unlawful or improper act

Misfeasance – the improper performance of an act that leads to
injury
Nonfeasance – failure to perform an act, when there is a duty to
act

4 Ds of Negligence
• Duty
• Dereliction of Duty
• Direct Cause
• Damage
 Legal doctrines associated with medical malpractice...

Res Ipsa Loquitor (the thing speaks for itself) – in order

to prove negligence in a personal injury lawsuit, a plaintiff
must present evidence to demonstrate that the defendant's
negligence resulted in the plaintiff's injury

Respondeat Superior (let the master answer) – allow

liability assessment against employers for negligent acts
committed by their employees during the course of their
work
2. Intentional Torts
Assault and Battery
• Assault committed without physical contact, such as
someone verbally cursing and threatening
• Battery – requires physical contact of some sort
• Defamation of Character
 Violation of patient’s right to privacy which results to
one person communicates to a second person about a
third in such a manner that the reputation of the person
about whom discussion was held is harmed
• Libel – written communication
• Slander – spoken defamation
•
2. Intentional Torts
• False Imprisonment
 Illegal confinement of an individual against his or
her will by another individual in a manner that
violates the confined individual’s right to be free
from restraint of movement

• Invasion of Privacy
 Right to live one’s life without having one’s name,
picture, or private affairs made public against
one’s will.
Personhood
Personhood
– A person “must be a bearer of rights”
- According to Mary Anne Warren “a person is a member
of moral community)
- Inner worth and inherent dignity
–The person must be respected regardless of the nature of his
health problem, social status, competence, and past actions

Decisions about health must aim at the maximum integrated satisfaction

of his needs; biological, psychological, social and spiritual.
Certain actions may never be done because performing them would
constitute a violation against the person‟s dignity.
Characteristic a person must
possess: (According to Philophers Joseph Fletcher & Joel Feinberg)
1.One who could be said to have interests; a person for whom
something can be said to be good for his or her own sake.

2.One who has cognitive awareness; a being of memories,

expectations, and beliefs.

3.One who is capable of relationships. Interpersonal relationships

seem to be at the very essence of what we idealize in truly being a
person.

4.One who has a sense of futurity. How truly human is someone

who cannot realize there is a time yet to come as well as a
present? The words “What do you want to become” only makes
sense in relation to a person.
THE HUMAN ACT

 is an act that proceeds with the deliberate free will of

man.
 In Ethics, being deliberate or deliberation means merely
advertence or knowledge in the intellect of what one is
about and what is means.

ELEMENTS OF HUMAN ACT

1. Knowledge
2. Freedom
3. Voluntariness
What is an act of Man?
 is an act that does not proceed from the deliberate free will
of man. In contrast with human act, act of man does not
require the employment of the rational faculties of intellect
and free will.
 MODIFIERS:
1. Ignorance
2. Concupiscence
3. Fear
4. Violence
5. Habit
1. IGNORANCE - abscence of knowldege needed by the
man in the performance of an act
2. CONCUPISCENCE / “passions”
- refer to the emotions and feelings of man in
relation to his actions
3. FEAR - is the disturbance of mind of a person who is
confronted by an impending danger or harm to himself
or loved ones
4. VIOLENCE - the application of use of physical power
or external force on a person by another for the purpose
of compelling him to do something against his will
5. HABIT - is a firm and stable behavior pattern of acting
with ease and readinessas a results of acts frequently
repeated
Is it Human Act /Act of Man?
Is it Human Act /Act of Man?
Is it Human Act /Act of Man?
What is Conscience?
 is a practical judgment of reason on the goodness of an act
that has to be done and the evil of an act that has to be
avoided.
 It is the inner voice summoning us to love the good and
avoid evil

 It is a 1. A practical judgment of reason

 2. On the goodness and evil of an act
TYPES OF CONSCIENCE
1.Correct conscience- present in the judgment of an act as
good when it is truly good and an act as evil when it is truly
evil. (Ex. not stealing)

2. Erroneous conscience- present in the judgement of an act

as good when it is evil and an act evil when it is good. (Ex.
white lies)

3.Certain conscience -it is present when there is assured and

firm judgment of an act without any fear of being in error.
(Subjective / personal)
TYPES OF CONSCIENCE
4.Doubtful or dubious- present when there is no sure
judgment of whether an act is good or bad. In this is state,
the agent is aware of the possibility that when his conscience
tells him is erroneous.
- (Hard to choose / decide)

5.Lax conscience- is a type of conscience which

perceives even morally grave evils as allowable. It finds and
makes which excuses of evil acts through seriously evil by
rationalizing and justifying them. When lax conscience goes
and not corrected, it may be done and of evil that has to be
avoided. (One sees none when there is one)
TYPES OF CONSCIENCE
6.Scrupulous Conscience is a type of conscience
which perceives evil in an act when there is none. It is
the opposite of laxity. (You see one when there is
none)

7. Callous - insensitive / crmininal minds

8. Pharisaical - mga santita/ santito

Example: Espanyol na nagtuturo ng religion pero
nangangamkam ng lupain?
TYPES OF CONSCIENCE
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.