Module 7: Christian Philosophers on Justice and Penalties PDF

  **MODULE 7** **CHRISTIAN PHILOSOPHERS ON JUSTICE AND PENALTIES** **MOST ESSENTIAL LEARNING OUTCOMES** **At the end of this module, the learners are expected to:** - - - **CHRISTIAN PERSPECTIVE** **INTRODUCTION** For human beings to be truly...

  **MODULE 7** **CHRISTIAN PHILOSOPHERS ON JUSTICE AND PENALTIES** **MOST ESSENTIAL LEARNING OUTCOMES** **At the end of this module, the learners are expected to:** - - - **CHRISTIAN PERSPECTIVE** **INTRODUCTION** For human beings to be truly ethical, St. Thomas Aquinas justified the necessity of both civil and penal law. As a social animal, man needs civil law to determine how he will deal with others, such as in buying and selling. Since no man is by nature bad or evil, mere personal training by admonition may suffice to keep a man virtuous. Still, punishments may be needed for those "depraved and prone to vice, and not easily amenable to words...to be restrained from evil by force and fear" (S.T., I-II. Q. 95, A.1). When I applied here in FBC to practice my teaching profession, one interviewer asked me, "As a young educator, how would you deal with student discipline?". I replied, "I would like to promote positive reinforcement, in this way, students will be able to abide with the academic conditions, out of their own desire, and not out of fear". Until now, I still uphold this principle. However, it seems very difficult to stay on this track in many circumstances. For example, the accommodation of late submission of your requirements has always been a dilemma for me to deal with. As much as I wanted to promote justice and fairness with all my students, but external, and usually institutional, circumstances would always require me to abandon my long held principles in teaching. In this case, it is important to look into how the teachings of Christ deal with punishment. **LESSON INPUTS** ***The Christian View on Justice and Penalties*** People are of various predispositions and environment. Out of fear, a person can be habituated to do what is virtuous since penal law forces him to do or resist doing an act until it becomes his second nature. Human law may be a hindrance to some, but the just man will conform to it spontaneously, as if no law is needed for him because how he lives is already in agreement with the law. Aquinas distinguished general from particular justice: - - Rendering justice does not necessarily mean same treatment, but equitable treatment on what the other deserves by natural or contractual/positive right; that is, rendering to each that "which is due to him according to equality of proportion". This qualification on justice justifies the doctrine of reasonable classification under the Equal Protection clause. Consistency must be observed in justice. For "justice is a habit whereby a man renders to each one his due by a constant and perpetual will" ***Restitution and Retribution*** Restitution is an act of commutative justice, where equality is reestablished by giving back what is taken. Man is bound to give restitution according to the loss he brought upon another, with damages for what the other could have obtained. Restitution can be made by repayment of the equivalent or by compensation. The Revised Penal Code (RPC) similarly provide for restitution with the value to be determined by the court; reparation that takes into consideration the value of the property to the injured party; and indemnification. When a person violates the law, he or she violates the civil order and the common good. Retribution through exemplary punishment must restore that order. A punishment must consist of something perceived to be "evil" by the wrongdoer by depriving him of a good, so that potential wrongdoers will refrain from breaking the law if only to avoid the penalty. Although punishment will be perceived as bad by the law breaker, it will be for the common good of the community, and also good to the criminal since the law will break his excessive indulgence of his will. ***Conditions of Criminal Liability*** Voluntariness and involuntariness of actions must be taken into account in judging liability. Aquinas said that "we apply the word voluntary not only to that which proceeds from the will directly, as from its action, but also to that which proceeds from it indirectly as from its inaction". Voluntariness requires an act of knowledge and an act of will, "to wish and to act". Aquinas faulted as species of imprudence "thoughtlessness" or defect in judgment, inconstancy of action, and lack of due care or negligence. The Philippine Laws follow the same principles. Article 3 of the Revised Penal Code punishes both acts and omissions that violate the law, including faults arising from imprudence, negligence, lack of foresight, and lack of skill. Article 4 provides that a criminal act must be performed, not only intended. Nevertheless, there are circumstances that may cause involuntariness of actions. In this situation, there is no intention, yet the criminal act was performed. - - *Note: Article 12 of the RPC similarly makes violence (irresistible force) and fear (uncontrollable fear) as exempting circumstances for criminal liability.* - - - - Antecedent ignorance in Aquinas is in Philippine law akin to mistake of fact *(ignorantia facti)*, which may excuse a party from the legal consequences of his conduct. It can also refer to unintended accidents despite due care, without fault or intention. Concomitant ignorance can refer to *aberratio ictus* and *error in personae* in Article 4 of the RPC, where there is an unintended commission of a felony when a different crime or victim was in fact intended. Ignorance of the law applies to Aquinas' consequent ignorance, as Article 3 of the Civil Code provides that ignorance of the law excuses no one from compliance therewith *(ignorantia juris neminem excusat).* Aquinas also maintained that a circumstance affects liability, "either by way of measure, as time and place; or by qualifying the act as the mode of acting. It touches the effect, when we consider what is done. It touches the cause of the act, as to the final cause, by the circumstance why; as to the material cause, or object, in the circumstance about what; as to the principal efficient cause, in the circumstance who, and as to the instrumental efficient cause, in the circumstance by what aids" (S.T., I-II, Q.7, A.3). Aggravating Circumstances similarly considers these factors, such as the commission of a crime during nighttime and in an uninhabited place; the mode of acting with treachery, impunity or with craft, fraud, and disguise; whether what is done is in contempt of authorities; the consideration such as for a price or reward; who did the act, such a public officer taking advantage of his position; and the aid of persons by a band or by means of motorized vehicles, explosion, or breaking of walls, doors, or windows. Aquinas discussed major crimes against the respect due to persons, and also murder, physical injuries, theft and robbery, unjust accusations, derision, cheating, usury, and unnatural sexual acts or perversions, with reference to the Ten Commandments. **SUMMARY** - Human law may be a hindrance to some, but the just man will conform to it spontaneously, as if no law is needed for him because how he lives is already in agreement with the law. - Although punishment will be perceived as bad by the law breaker, it will be for the common good of the community, and also good to the criminal since the law will break his excessive indulgence of his will. - Voluntariness and involuntariness of actions must be taken into account in judging liability.