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Questions and Answers
According to St. Thomas Aquinas, what is the primary reason for the necessity of civil and penal law?
According to St. Thomas Aquinas, what is the primary reason for the necessity of civil and penal law?
Aquinas argued that every human being is inherently bad or evil.
Aquinas argued that every human being is inherently bad or evil.
False
What does the just man do in relation to human law according to Aquinas?
What does the just man do in relation to human law according to Aquinas?
Conforms to it spontaneously
What is restitution primarily concerned with?
What is restitution primarily concerned with?
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According to Aquinas, rendering justice involves providing each person with that which is due to them according to __________ of proportion.
According to Aquinas, rendering justice involves providing each person with that which is due to them according to __________ of proportion.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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Retribution is aimed solely at providing punishment without consideration of the common good.
Retribution is aimed solely at providing punishment without consideration of the common good.
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What is a method suggested for dealing with student discipline?
What is a method suggested for dealing with student discipline?
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What must be proven for an action to be considered voluntary according to Aquinas?
What must be proven for an action to be considered voluntary according to Aquinas?
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Aquinas believes that penal law can sometimes be necessary for those who are resistant to virtuous behavior.
Aquinas believes that penal law can sometimes be necessary for those who are resistant to virtuous behavior.
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The doctrine of reasonable classification is justified under the __________ clause.
The doctrine of reasonable classification is justified under the __________ clause.
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Which of the following principles does Article 3 of the Revised Penal Code address?
Which of the following principles does Article 3 of the Revised Penal Code address?
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What dilemma is presented regarding late submissions of requirements in the teaching profession?
What dilemma is presented regarding late submissions of requirements in the teaching profession?
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Match the types of justice with their definitions.
Match the types of justice with their definitions.
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Negligence is addressed by the principles outlined in the Revised Penal Code.
Negligence is addressed by the principles outlined in the Revised Penal Code.
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A punishment must be perceived as __________ by the wrongdoer to promote adherence to the law.
A punishment must be perceived as __________ by the wrongdoer to promote adherence to the law.
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What is considered an exempting circumstance for criminal liability according to Article 12 of the RPC?
What is considered an exempting circumstance for criminal liability according to Article 12 of the RPC?
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Antecedent ignorance in Philippine law is the same as mistake of law.
Antecedent ignorance in Philippine law is the same as mistake of law.
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What is the term used for ignorance of the law in Aquinas' perspective?
What is the term used for ignorance of the law in Aquinas' perspective?
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Ignorance of the law excuses no one from compliance, also known as __________.
Ignorance of the law excuses no one from compliance, also known as __________.
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Which of the following factors is NOT included as an aggravating circumstance?
Which of the following factors is NOT included as an aggravating circumstance?
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Aquinas argued that circumstances can affect how liability is measured.
Aquinas argued that circumstances can affect how liability is measured.
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Major crimes as discussed by Aquinas include murder, theft, and __________.
Major crimes as discussed by Aquinas include murder, theft, and __________.
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Study Notes
Module 7: Christian Philosophers on Justice and Penalties
- Christian philosophers believe in the necessity of both civil and penal law for ethical human behavior.
- Social animals require civil laws to regulate interactions.
- Punishments are sometimes necessary for those prone to vice, whose behavior isn't easily rectified by words alone.
- Positive reinforcement is a preferred method of student discipline.
- External factors like deadlines sometimes require deviating from personal principles.
- St. Thomas Aquinas considered various aspects of justice, including particular and distributive justice, to ensure the fair distribution of common good.
Christian Perspective
- Each individual should adhere to governing authorities ordained by God. (Romans 3:1-2)
Philosophical Foundations
- The concept of justice and penalties is deeply rooted in moral philosophy.
- Justice involves rendering what is due to each individual based on proportionality.
Conditions Affecting Criminal Liability
- Voluntariness and involuntariness of actions need consideration in judging criminal liability.
- Voluntariness includes both direct acts of will and indirect actions resulting from inaction.
- Imprudence, thoughtlessness, inconstancy, and lack of due care can affect liability.
- The Philippine Revised Penal Code defines criminal liability.
- Acts and omissions against the law, including those arising from negligence and lack of foresight, are considered offenses (Article 3).
Violence, Fear, and Ignorance
- Violence or irresistible force can render an act involuntary.
- Fear, when causing an act to be committed solely to avoid something feared, also diminishes voluntariness.
- Ignorance can also affect a person’s actions.
- Ignorance is categorized into:
- Antecedent ignorance: ignorance of the circumstances of the act
- Concomitant ignorance: despite ignorance, there would be criminal intent with full awareness
- Consequent ignorance: when a person deliberately disregards things they are obligated to know
- Ignorance of the law is no excuse for violating it.
- Circumstances, like time, place, mode of action, intent, and the involved parties, can alter criminal liability.
Restitution and Retribution
- Restitution aims to restore equality by returning what was taken or compensating for damages.
- The Revised Penal Code (RPC) mandates restitution to be provided for through compensation or reparation to the wronged party.
- Retribution through punishment aims to restore social order by making the wrongdoer abstain from similar violations in the future.
Summary
- Human law is necessary to guide human behavior, but just individuals will generally adhere to it without compulsion.
- Voluntariness, along with various factors, plays a key role in judging criminal liability.
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Description
Explore the thoughts of Christian philosophers on justice and penalties. This module discusses the balance of civil laws and punishments, emphasizing the insights of St. Thomas Aquinas on fairness and moral philosophy. Understand the necessity of justice in regulating human behavior and the implications for ethical living.
