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Medical Ethics Lecture 5: Conscience

Dr. E.T. Acevedo, MD, MPH, MPA July 9, 2010


conscience does wrong.
o How do we follow our Conscience?
 STANDARDS OF MORALITY 1. To follow one’s conscience is to follow the law.
Limitations:
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o Just as in human acts, some norms or standards of acting are


followed, the same can be said with regard to the moral behavior Legality does not always mean morality.
of people. Norms of moral actions are highly necessary if people Legalizing abortion
have to live in peace, order and harmony. 2. To follow one’s conscience is to follow one’s cultural beliefs.
o Two norms or standards of moral or ethical actions recognized Limitations: When people become more aware of equality rights.
and understood in Bioethics: Jehovah’s Witness - against blood transfusion
1. Natural Law Muslim women – death punishment for commission of
2. Conscience adultery.
3. To follow one’s conscience is to follow one’s feelings.
 CONSCIENCE Argument: Feelings belong to the domain of emotions or
o The subjective norm of morality, therefore, maybe erratic and passions. They are erratic and can change depending on how the
prone to miscalculations. swing of moods presents itself to the person. Hence, judgment
o Resides in the human intellect which is imperfect and therefore based on feelings is highly unstable and can hardly be relied
prone to errors. upon.
o Nevertheless, as judgment of the intellect, it makes declaration of 4. To follow one’s conscience is to follow one’s religious beliefs.
truth or untruth, goodness or badness about the actions he wants  The language of God is always love and peace. But the language
to pursue, or about thoughts he wants to believe. of those who kill in the name of God is hatred and violence.
o Definitions of Conscience: Thus religious beliefs can be distorted by man due to his
 (Greek word “suneidesis” - Democritus) concupiscence, greed and pride.
Later translated “conscientia” - Cicero)  PRINCIPLE OF A WELL-FORMED CONSCIENCE (INFORMED
Comes from two Latin terms: Con and science - “with knowledge” CONSCIENCE)
o This principle states that:
1. Conscience is the meeting point of the MORAL LAW, “To have a good judgment of conscience, one is obliged to form it
objectively and universally valid and the INDIVIDUAL diligently in accordance with some reasonable processes so that one
PERSONALITY. arrives at a right moral decision.”
2. A judgment of reason whereby the human person recognizes o Conscience judges a concrete act as good or evil in accord with a norm
the moral quality of a concrete act that he is going to of morality given to it. This norm is NATURAL LAW.
perform, is in the process of performing, or has already o Well-formed Conscience:
completed performing. To attain the true goals of human life by responsible actions, in every
3. Refers to the inner sense of right and wrong in moral choices, free decision involving an ethical question, one is morally obliged to
as well as to the satisfaction that follows action regarded do the following:
as right and the dissatisfaction and remorse 1. Inform himself as fully as practically possible about the facts and
resulting from conduct that is considered wrong. the ethical norms. Knowledge of the Ethical principles is
4. The CAPACITY TO MAKE PRACTICAL JUDGMENT in matters necessary.
involving ETHICAL ISSUES. The capacity cannot be delegated 2. Form a morally certain judgment of conscience on the basis of
to anyone else nor to any institution. this information
5. Theological meaning: The process in which the general norms 3. Act according to this well-formed conscience;
of the moral law are applied to a concrete action which a 4. Accept responsibility for his actions.
person is about to perform or has performed, telling the o Thus, to follow one’s conscience properly is to follow one’s well-formed
person what his obligation is here and now or judging his conscience.
past acts. o Morality always involves a choice in arriving at a moral decision:
6. St. Augustine and the Franciscan School: The place of the 1. There are many alternative means to a goal, some of which are
innermost encounter between God and man, and therefore the clearly in-appropriate, but often many are appropriate, each with
voice of God. The person’s most secret core and sanctuary. its advantages and disadvantages;
The spark of the soul; the peak of the soul. 2. It is possible for people to reconsider their goals and to redefine
7. An ultimate practical judgment on the morality of a concrete or even alter them in view of some higher goal.
action, commanding to do what is good and to avoid what is  Man has the right to act in conscience and in freedom so as
evil. personally to make moral decisions. He must not be forced to act
8. Second Vatican Council: the most secret core and sanctuary of contrary to his conscience, nor must be prevented from acting
the human person. according to his conscience.
9. Present at the heart of the person, enjoins him at the  EDUCATION OF CONSCIENCE
appropriate moment to do good and to avoid evil. It also o The education of conscience is indispensable for human beings who
judges particular choices, approving those that are good are subjected to negative influences and tempted by sin to prefer their
and denouncing those that are evil. When man listens own judgment. The education of conscience is a LIFE-LONG TASK. From
to his conscience, the prudent man can hear God the earliest years, it awakens the child to the knowledge and practice
speaking. on the interior law recognized by conscience. Prudent education
teaches virtue; it prevents or cures fear, selfishness, and pride,
o Conscience evaluate the quality of the Human acton whether it is resentment arising from guilt, and feelings of complacency, born of
desirable or undesirable. human weakness and faults. The education of conscience guarantees
freedom and engenders peace of heart.
 Question: Should a man follow his conscience, be it right or o An informed conscience needs knowledge of the facts and of the law, but
wrong? it also requires a disciplined or virtuous affection for what will truly
1. It is right to practice contraception knowing that another satisfy our needs in an integral manner.
child will add more burdens to an already impoverished o
family.
2. It is not right to pay for donated organs, but I need one for
my survival. Thus, I might as well compensate the donor with
high financial reward and not shortchange him.
3. I need to perform surgery on the mother who attempted
abortion to remove the fetus. But, if I help her, she might be
doing it over again and I might be accused of cooperation in
an evil act. I might just as well send her to another hospital
that does it.

 FOLLOW ONE’S CONSCIENCE


o St. Thomas Aquinas:
 “Every conscience, whether right or erroneous, whether with
regard to acts which are evil in themselves or acts which are
indifferent, is obligatory, so that he who acts against his

Group 5. Claud. Eian. Helaine. Jill. Marj. Sheen. MEDICAL ETHICS | 1


Medical Ethics Lecture 5: Conscience
Dr. E.T. Acevedo, MD, MPH, MPA July 9, 2010

Examples:
 DIVISIONS OF CONSCIENCE  Strict moral certainty - people will not kill arbitrarily.
A. LEVELS OF CONSCIENCE:  Wide moral certainty - physicians will act responsibly & with
1. Antecedent - judgment on the morality of an action and the competence.
obligation to perform or omit it is passed before the action is 2. Doubtful or Dubious - uncertain concerning the morality of an action.
translated into reality. - Commands, exhorts, permits, or forbids. The agent cannot definitely decide whether the action to be done is
2. Concomitant - refers to the actual awareness of being morally good or evil. The doubt may either concern the existence of a law
responsible for the goodness or the badness of a particular act which and moral principle or the existence of a fact.
we are carrying out. Example:
3. Consequent - if it evaluates a deed already done or omitted. -  Legal or moral – therapeutic abortion
approves, excuses, reproves, or accuses.  Factual - presence of a cancerous growth in the uterus of a
pregnant woman.
B. QUALITIES WHICH REFER TO FREEDOM Guide for action in doubtful conscience:
1. Free - one is able to assume a personal moral stand with regard to a 1) In a practical doubt about the lawfulness of an action one may
particular action in a way that is unhindered, in order to answer not act.
for that particular action or attitude. 2) The action must be postponed until certainty can be reached.
2. Unfree - One’s moral attitude or responsibility for a particular action Practical certainty can be gained directly by solving the doubt
is hindered by some obstacles such as fear or anger. through:
a. reflection on the case in the light of the general principles
C. QUALITIES WHICH REFER TO OBJECTIVE VALUE: b. consultation of experts and pertinent books
1. Right - agrees with the objective norms of morality. It judges c. clarification of the facts, etc.
conscience as morally right or wrong, in accordance with fact, that 3) If the doubt cannot be solved directly-but only then-one may
is, when it judges as good that which is really good and as evil that attempt to gain practical certainty indirectly by the application
which is really evil. What is morally good, however, must not of the so-called reflex principles.
necessarily be morally right, and vice versa. 4) If there is no time or possibility to solve the doubt, one must
2. Erroneous - conscience that is not true. There is lack of conformity opt for the safer alternative, that is, one must favor the
between the objective values and the moral demands that go with alternative which excludes the danger of sin and injustice most
them and one’s subjective moral perceptions, discernment, dictates, certainly.
and decisions in the habitual or actual levels of conscience. Either o When in doubt about whether a course of action is ethical, give
vincibly or invincibly. benefit of the doubt to:
a. Vincibly erroneous - erroneous through the agent’s fault. This is 1) existing customs
culpable, because with some good will its error could be 2) established and well-known laws
corrected. This cannot be followed as a legitimate rule of action. 3) usual way of acting
 insufficient grounds, to judge a thing 4) acceptance of what has already been done:
 slightly evil, when actually it is gravely evil; codes
 to be lawful, while in fact it is unlawful & sinful; policies
 This is considered as vincibly erroneous. long experience
b. Invincibly erroneous - erroneous without the knowledge or fault 5) reflections
of the agent. Inculpable, since the person has no awareness of the 6) survival
possibility of error. 3. Probable conscience - When conscience is doubtful, but grounded
 The invincibly erroneous conscience must be followed just upon solid reasons, the agent is said to have a probable opinion.
the same as a certain consciencewhich is right. 4. Perplexed conscience - The agent is confronted with two alternative
precepts and he is afraid of choosing any of the alternatives; a type
D. QUALITIES WHICH REFER TO MORAL ATTITUDE: of erroneous conscience which, in a conflict of duties, fears sin in
1. Lax conscience or dulled conscience – is inclined, on whatever choice it makes. Classified as an erroneous conscience,
Compensatory conscience - a variety of lax conscience which because objectively only one of the two conflicting obligations can
attempts to conceal a fundamental lack of generosity in the spiritual be binding. It would contradict justice and the wisdom of God if man
life which is intended to divert attention from the unwillingness to were confronted with two equally binding obligations, of which after
live up to one’s true vocation. all he can fulfill only one.
2. Strict conscience - shows that the conscience tends to judge Example:
obligations too harshly, especially in an excessive legalistic way.  A resident physician feels obliged by precept of the Church to
3. Scrupulous conscience - Scrupulosity is the persistent, gnawing, go to Sunday Mass and bound by charity to report for duty in
unreasonable fear that one has offended God or is about to do so. the hospital because of a critically sick patient, the obligation of
The scrupulous person is in constant dread of sin where there is charity should be preferred to the obligation of the
none, or of grave sin where there is only venial sin. St. Francis ecclesiastical precept.
de Sales points out that scrupulosity has its source in PRIDE. It must
be avoided as in lax conscience.  GUIDELINES FOR ACTION
4. Pharisaical conscience - akin to the compensatory Conscience which 1. Certain conscience must always be obeyed when it commands
attaches great importance to small things and makes light of serious or forbids. Certainty needs not be a strict moral certainty but a wide
matters. Conscience tends to be self-righteous as far as one’s own moral certainty is sufficient.
moral evaluation is concerned. 2. Invincibly erroneous conscience must be followed just the
5. Callous conscience - the worst type of conscience because it has no same as a certain conscience which is right.
sensitivity to sin, as if the person has no conscience at all. 3. The vincibly erroneous conscience, lax conscience, the
6. Clear conscience - a conscience which confidently and freely acts perplexed conscience and the doubtful conscience cannot be
with due regard for perceiving, appreciating and internalizing true followed as a legitimate rule of action.
values. o A Well-formed Conscience is one which may be antecedent,
concommittant, or consequent and one which is free, righteous, or
E. QUALITIES WHICH REFER TO DEGREE OF CERTITUDE: invincibly erroneous, clear and certain.
1. Certain conscience - passes judgment without fear or error. An
absolutely certain conscience, however can still be erroneous.  THE CONSCIENCE OF THE PHYSICIAN VERSUS THE CONSCIENCE OF
a. A certain conscience must always be obeyed when it commands THE PATIENT.
or forbids. It is the competent and indispensable guide given to o In order for the patient to make a decision with an informed
man to discern his vocation and moral obligation. Therefore to conscience, the physician has to provide himself with the necessary
disobey this faculty is to disobey the moral order, it is to disobey information. If the patient, owing to his age or condition, is unable to
the will of God, and this is sin. judge the situation clearly, the physician has to give adequate
b. The certainty required for the judgments of conscience generally information to those who bear responsibility for him.
need not be a strict moral certainty, but a wide moral certainty is o When the doctor has done his duty in discussing the prospect of
sufficient. success of a certain treatment or surgical intervention he will, after
sufficient dialogue, abide by the decision of the patient or of those
persons morally and legally responsible for him.

Group 5. Claud. Eian. Helaine. Jill. Marj. Sheen. MEDICAL ETHICS | 2


Medical Ethics Lecture 5: Conscience
Dr. E.T. Acevedo, MD, MPH, MPA July 9, 2010
o In some cases in which the physician has a well-informed and firm
conviction that a certain treatment or intervention is both immoral and
1. If, for instance, a fully conscious adult patient refuses a blood harmful to the patient’s well-being, he should expose the facts clearly,
transfusion in accordance with the teaching of his religious sect, the including of course the medical and ethical aspects.
doctor will abide by the patient’s request to let him die. If such a
request is not stated explicitly, the doctor will prescribe the  CERTITUDE IN ETHICAL DECISIONS REQUIRE:
transfusion in an emergency situation without questioning; he is o Adequate information
justified in assuming that a patient wants to be saved by the use of o Clear understanding of values
such an ordinary procedure especially if such a restriction has not o When making personal decisions about health care, one must have the
been unequivocally imposed on the attending physician. responsibility to follow informed conscience
2. Case of a child or a minor: Example:
 The doctor normally does not need an explicit permission from 1. Obtain as much relevant information as possible about a situation,
the family, at least for a life-saving transfusion, and can act on the both the facts and the objective moral standards (principles)
presupposition mentioned above. If, however, the family has applicable to the situations:
definitively insisted that no blood transfusion be given, the a. learn the facts about the medical condition,
physician will have to distinguish the moral from the legal aspect b. determine in accord with an objective value system the needs and
of the problem. Whereever there is no legislation, the doctor will rights of the people involved;
also save the life of the child should it be possible. However, when 2. Make and carry out a decision in accordance with this information.
legislation stipulates that the physician must follow the dictates
of the family, he will not always be empowered to perform the o Knowledge of the factors involved, however, is not enough to make a
transfusion. rational decision. This must be supported by a free will and a healthy
3. Cases when physician finds himself in disagreement with his patient emotion.
on some moral principle or its application:
 A particular human situation wherein the physician is convinced
that sterilization is necessary to ensure reasonable health or life
for the patient and stability for the family. The patient refuses,
because she considers sterilization absolutely immoral. Even if
there is justification in the procedure, the doctor is bound to
respect the patient’s decision.
4. The physician has the duty to give his patient proper health care
even if morally he disapproves of the life situation in which the
patient contacted the illness
Example:
 Patient with STD or AIDS.
5. A woman who committed criminal abortion comes to a physician for
professional assistance: Physician is duty-bound to help her. In due
time, he may refer to a matter of conscience in so far as this is part of
the healing process, or he may urge her, at the proper time, to
cooperate in denouncing the criminal so as to avoid harm to other
persons.
6. A doctor faced with the case of a suicidal neighbor, has, in
conscience, a right or duty to save the life of his neighbor even
against the latter’s will. the high probability is that the person
contemplating suicide is unable at that moment to make a truly
personal decision. However, the help which the doctor or any friend  QUIZ
may offer cannot be restricted to saving the biological life; rather, all o Ms. July A. Santos is a nurse who travelled to the USA to work in order
eforts should be directed towards helping the prospective suicide to to help her family back home. In the hospital where she workds, she
find the sense of his life and then arrive at a responsible decision. was asked to help in an abortion procedure which was legal in US.
7. A number of Catholic theologians have supported the concept of Now, Ms. Santos is a Catholic who does not believe in the procedure.
“freedom of choice of abortion” despite the declarations against Her conscience dictates that cooperating in the procedure is
abortion by the Vatican. They have argued: cooperating in the killing of the unborn child. Later, she was given
a. It is not always necessary or helpful to support morality by instruction that since abortion is legal, she may be committing an
law; illegal act by her uncooperative action and such may cost her job. This
b. There is no national consensus on the question; bothered her as she may not be able to help her family back home.
c. A law against abortion could not be enforced; 1. Can Ms. Santos object to the hospital based on the dictates of her
d. It might lead to abortion seems to be medically justified. conscience? Explain, briefly and direct to the point.
2. What can Ms. Santos conscientiously do to avoid such dilemma?
o What would be the proper process to inform one’s conscience on these
issues?
1. A fully conscioust patient refuses a blood transfusion in accordance
with the teaching of his religious sect.
DECISION
 The doctor will abide by the patient’s request to let him die. If
such request is not stated explicitly, the doctor will prescribe the
transfusion in an emergency situation without questioning; he is
justified in assuming that a patient wants to be saved by the use
of such an ordinary procedure especially if such a restriction has
not been unequivocally imposed on the attending physician.
2. Blood transfusion in a child or a minor:
DECISIONS
 Doctor normally does not need an explicit permission from the
family (considered as a life-saving procedure)
 If family has definitely insisted for no blood transfusion, physician
will have to distinguish the moral from the legal aspect of the
problem. Wherever there is no legislation, the doctor will save the
life of the child.

o Just as the doctor has to respect the patient’s conscience, so does the
patient incur the same obligation towards his physician.
o The patient should never request a treatment which he knows to be
against his doctor’s conscience.

Group 5. Claud. Eian. Helaine. Jill. Marj. Sheen. MEDICAL ETHICS | 3

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