Demonstrate
how intention and circumstance determine the meaning of a moral act. How does
the relationship between intention, act-in-itself, and circumstance influence
moral reasoning in the ethics of war and peacemaking? Outline four conditions
that characterize the principle of double effect and its implication in medical
ethics.
The goodness of a moral act is
determined by three elements: object, intention, and circumstances. At least
one of these must be good; others may be indifferent; and none may be evil. A
defect in any of these renders the act morally evil.
[1] The intention, or end, or purpose, or motive, of the person.
[2] The moral object, or object, or species, or nature, of the act itself.
[3] The circumstances, or consequences, of the intentionally chosen act; the morally significant accidents of the act.
[1] The intention, or end, or purpose, or motive, of the person.
[2] The moral object, or object, or species, or nature, of the act itself.
[3] The circumstances, or consequences, of the intentionally chosen act; the morally significant accidents of the act.
Presuppositions
i.
Our
reason has been informed by divine law. The principles written into nature are
the measure of action.
ii.
Moral
acts can be divided into good and bad acts, in or not in accord with objective
principles.
iii.
Morally
indifferent acts exist only theoretically. There are some moralists who propose
a double distinction of a moral act:
good-evil and right-wrong,
meaning that there can be acts which are both good and wrong. Such a double
distinction is denied by Veritatis
Splendor (75), though an act may be morally wrong and without culpability:
when the agent does not willingly perform an action.
iv.
So,
the only relevant distinction between something is technically right or wrong.
A will which is not right is evil.
v.
But when the will is outside the will, it is outside the realm
of morals. Only when we relate the act to the reason, we ask whether it is a
good or an evil act.
vi.
Every moral act consist of three parts: (1) the objective act (what we do, the act-in-itself); (2) the
subjective goal (why we do the act or the intention); and (3) the concrete situation in which we
perform the act (circumstance).
vii.
That
is why in order to determine a moral act questions such as: where, when, how, with whom, whom... are
important.
Vii
For an individual act to be morally good, these three parts must be good. But
some acts, apart from the intention for doing them, are always wrong because
they go against a fundamental or basic human good that ought to be comprised.
e.g. direct killing of the innocent, torture, rape. Such acts are referred to
as intrinsically evil acts, meaning that they are wrong in themselves, apart
from the reason they are done or the circumstances surrounding them.
How intention
and circumstance determine the meaning of a moral act?
It
is important to know that the effects cannot be always predicted. Sometimes,
bad effects flow from good action, and good effects can come from sins and bad
action.
Viii
How do the effects of acts flow into the moral qualification? If the effects
are anticipated, then they enter into the object of the act and someone would
be fully responsible for them. If the consequences are not anticipated, then
one would be responsible for the necessary consequence of effect (e.g. drunken
driving).
viii.
What
about actions of several effects? Many good actions would have to be omitted,
because there might always be evil-effects.
Intention:
intention is
about the end or purpose or motive of the action. What does the person intend
to achieve? Intention is part of the objective act,
or the act taken in its totality Intention is
the internal part or the formal element of the moral action. It is the end for which we do what we do- the whole purpose of our action. It determines human action and gives personal meaning to it. It is the
essence of an act.
–
a
good intention makes better an act which is good in its very nature,
–
it
makes good an acts which is unmoral or morally indifferent in its very nature
–
it
does not modify or change an action which by its nature is evil
–
an
evil intention makes evil an act which is good by its nature
–
it
makes evil an act which is unmoral or indifferent by its nature
–
it
makes worse an act which is bad or evil in its nature.
–
Circumstances: This refers to questions like Who? Where? When? What? How?
Circumstances differ from one person to another, one place to another,
one culture to another. Circumstances help the see an act in its wholeness,
situating it historically.
ix.
are
secondary to the evaluation of a moral act
x.
they
contribute to increasing or decreasing the goodness or badness of the act
xi.
they
may affect one's personal responsibility for the act
xii.
sometimes
the circumstances qualify an act without qualification sometimes the
circumstances have no particular influence on the act
The Act
-in-itself (finis
operis), or the means-to-an-end. It is the external part, or the material
element of a moral action.
The
act-in-itself denotes the means that fulfills the intention. The means is typically external and physical since it is the material element of the moral act. The means takes the intention from the
conceptual realm to the concrete realm. In this line, actions which have the same material features
can have different moral meaning depending on the intention which directs the
action. The moral quality of an action comes from the intention of the agent.
For example, Janssens says, making a donation can be morally good when the
intention is to bring relief to a person n need, but morally bad if intended to
satisfy one’s vanity to win praise. Josef Fuchs gives the same idea with the
example of killing as self-defense or because of avarice.
With
these examples Saint Thomas tells us that different intentions constitute
different actions. But can a physical action embody any intention whatever? Or
can the end justify the means? For Thomas, an action can only absorb that
intention which is adequately proportionate to it. Illustrating the relational
tension between end and means, Thomas says that, in the case of self-defense,
the use of violence which wounds or even kills is justifiable when it falls
within the limits of what is necessary to save one’s own life. Therefore,
killing as self-defense can be justifiable but in other cases it cannot. The
difference lies in the proportionality of the means to the end.
We
determine whether the physical action is proportionate to the intention by
considering the action within its circumstances. The end and the means exist in
tension to one another and to all the essential aspects which make up the
circumstances. Only by considering the action in reference to the intention
within the total context of its qualifying circumstances can we determine the
true meaning of the action. We can uncover the relevant circumstances by asking
the reality-revealing questions: who, what, when, where, why, how, what else,
what if,…
Intention
and circumstance have to be considered simultaneously. Not taking the
act-centered morality, stressing the act and forgetting the intention of the
person acting n a context; not the intention only or the circumstance only,
but, the three-font-principle.
b) How does the
relationship between intention, act-in-itself, and circumstance influence moral
reasoning in the ethics of war and peacemaking? The example of Josef Fuchs
explains this influence.
The relationship
between these elements is complex and requires a careful understanding and
interpretation before we can determine the true moral meaning of an act.
xiii.
After
setting down the determinants of a moral act, we shall now apply them to war.
xiv.
In
every moral act, three elements must be considered: the act-in-itself, the
intention and the circumstance.
xv.
Not
one of these may be contrary to the morale order if the act is to be considered
morally good.
xvi.
Applying
these principles to war means that to be just, a war must be good in its
object, in its intention, and in its circumstances.
1. The war must
be good in its object:
xvii.
it
means that a war must have a just cause
xviii.
now
wars are of two kinds, defensive and offensive.
xix.
A
defensive war is just in its cause if it is waged to defend an essential and
fundamental right (protection) unjustly denied.
xx.
An
offensive war is just in its cause if it is the only means remaining for
preserving an essential and fundamental right or justice unjustly denied.
xxi.
It
is, of course, here presumed that the war is the last resort in preserving of
justice; that every other peaceful means of righting the wrong must have been
tried, and the importance of justice is proportional to the gravity of the ills
which it would cause.
2. The war must
be good in its intention:
xxii.
the
only intention which can justify war is to promote common good and avoid evil.
xxiii.
The
common good here means not exclusively the common good of the individual notion
but the common good of the world, because today no nation is hermetically
sealed but rather its order and prosperity is bound up inseparable with other
nations.
xxiv.
So,
though a war was declared by lawful authority or for a just cause, it could
become unjust by reason of the wrong intention of the one who waged it.
3. The war must
be good in its circumstances:
xxv.
a
bad method could vitiate a good intention. Meaning that the methods must be
justified rightly.
xxvi.
For
the methods used for vindicating rights are means to an end, or constitute a
relative end, not a final or absolute end.
xxvii.
As
a means to an end, the methods for vindicating rights must be lawful and not
intrinsically evil act.
c) Outline four
conditions that characterize the principle of double-effect and its implication
in medical ethics.
xxviii.
The
question or the principle of double-effect is addressed by moral theologians
who make a distinction between premoral or ontic evil and moral evil.
xxix.
It
can also be found in Thomas Aquinas' discussion of self-defense, though the
systematic formulation is from Jean Pierre Gury (19th) .
Conditions. Theologians commonly teach that four
conditions must be verified in order that a person may legitimately perform
such an act.
1.
The
act itself must be morally good or at least indifferent.
2.
The
good effect is not produced by means of the evil effect. The agent may not positively
will the bad effect but may merely permit it. If he could attain the good
effect without the bad effect, he should do so. The bad effect is sometimes
said to be indirectly voluntary. In other words, the good effect must be
produced directly by the action, not by the bad effect. Otherwise, the agent
would be using a bad means to a good end, which is never allowed.
3.
The
evil effect is not directly intended.
4.
A
proportionate reason supports causing or tolerate the evil effect. The good
effect must be sufficiently desirable to compensate for the allowing of the bad
effect.
In medical ethics, the classical example we can
use is that of a pregnant woman with a cancerous uterus. If nothing is done,
both the mother and the fetus will die. If the uterus is removed, the fetus
will die but the mother will live. The principle of double effect allows the
uterus to be removed because:
ü Removing the
uterus is a morally indifferent action.
ü Saving the life
of the mother is not produced by means of killing the fetus, but by removing
the uterus.
ü The direct
intention is to save the life of the mother.
ü The
proportionate reason is the mother’s life at stake.
Of these four
conditions the first two are general rules of morality. A person is never
allowed to perform a morally bad action. Nor may one ever positively will an
evil effect of an action, even though the act would otherwise be lawful. Thus,
a censor of books, who is allowed to read obscene literature, may not take
deliberate pleasure in the evil thoughts arising in consequence, though he
necessarily permits them to enter his mind. The third and fourth conditions
enumerated above pertain specifically to the principle of the double effect.
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