Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

man may sometimes fail. Thus the restitution of a deposit to the depositor is in accordance with natural equality, and if human nature were always right, this would always have to be observed; but since it happens sometimes that man's will is unrighteous there are cases in which a deposit should not be restored, lest a man of unrighteous will make evil use of the thing deposited: as when a madman or an enemy of the common weal demands the return of his weapons.

Reply Obj. 2: The human will can, by common agreement, make a thing to be just provided it be not, of itself, contrary to natural justice, and it is in such matters that positive right has its place. Hence the Philosopher says (Ethic. v, 7) that "in the case of the legal just, it does not matter in the first instance whether it takes one form or another, it only matters when once it is laid down." If, however, a thing is, of itself, contrary to natural right, the human will cannot make it just, for instance by decreeing that it is lawful to steal or to commit adultery. Hence it is written (Isa. 10:1): "Woe to them that make wicked laws."

Reply Obj. 3: The Divine right is that which is promulgated by God. Such things are partly those that are naturally just, yet their justice is hidden to man, and partly are made just by God's decree. Hence also Divine right may be divided in respect of these two things, even as human right is. For the Divine law commands certain things because they are good, and forbids others, because they are evil, while others are good because they are prescribed, and others evil because they are forbidden. _______________________

THIRD ARTICLE [II-II, Q. 57, Art. 3]

Whether the Right of Nations Is the Same As the Natural Right?

Objection 1: It would seem that the right of nations is the same as the natural right. For all men do not agree save in that which is natural to them. Now all men agree in the right of nations; since the jurist [*Ulpian: Digest. i, 1; De Just. et Jure i] "the right of nations is that which is in use among all nations." Therefore the right of nations is the natural right.

Obj. 2: Further, slavery among men is natural, for some are naturally slaves according to the Philosopher (Polit. i, 2). Now "slavery belongs to the right of nations," as Isidore states (Etym. v, 4). Therefore the right of nations is a natural right.

Obj. 3: Further, right as stated above (A. 2) is divided into natural and positive. Now the right of nations is not a positive right, since all nations never agreed to decree anything by common agreement. Therefore the right of nations is a natural right.

On the contrary, Isidore says (Etym. v, 4) that "right is either natural, or civil, or right of nations," and consequently the right of nations is distinct from natural right.

I answer that, As stated above (A. 2), the natural right or just is that which by its very nature is adjusted to or commensurate with another person. Now this may happen in two ways; first, according as it is considered absolutely: thus a male by [his] very nature is commensurate with the female to beget offspring by her, and a parent is commensurate with the offspring to nourish it. Secondly a thing is naturally commensurate with another person, not according as it is considered absolutely, but according to something resultant from it, for instance the possession of property. For if a particular piece of land be considered absolutely, it contains no reason why it should belong to one man more than to another, but if it be considered in respect of its adaptability to cultivation, and the unmolested use of the land, it has a certain commensuration to be the property of one and not of another man, as the Philosopher shows (Polit. ii, 2).

Now it belongs not only to man but also to other animals to apprehend a thing absolutely: wherefore the right which we call natural, is common to us and other animals according to the first kind of commensuration. But the right of nations falls short of natural right in this sense, as the jurist [*Digest. i, 1; De Just. et Jure i] says because "the latter is common to all animals, while the former is common to men only." On the other hand to consider a thing by comparing it with what results from it, is proper to reason, wherefore this same is natural to man in respect of natural reason which dictates it. Hence the jurist Gaius says (Digest. i, 1; De Just. et Jure i, 9): "whatever natural reason decrees among all men, is observed by all equally, and is called the right of nations." This suffices for the Reply to the First Objection.

Reply Obj. 2: Considered absolutely, the fact that this particular man should be a slave rather than another man, is based, not on natural reason, but on some resultant utility, in that it is useful to this man to be ruled by a wiser man, and to the latter to be helped by the former, as the Philosopher states (Polit. i, 2). Wherefore slavery which belongs to the right of nations is natural in the second way, but not in the first.

Reply Obj. 3: Since natural reason dictates matters which are according to the right of nations, as implying a proximate equality, it follows that they need no special institution, for they are instituted by natural reason itself, as stated by the authority quoted above. _______________________

FOURTH ARTICLE [II-II, Q. 57, Art. 4]

Whether Paternal Right and Right of Dominion Should Be Distinguished
As Special Species?

Objection 1: It would seem that "paternal right" and "right of dominion" should not be distinguished as special species. For it belongs to justice to render to each one what is his, as Ambrose states (De Offic. i, 24). Now right is the object of justice, as stated above (A. 1). Therefore right belongs to each one equally; and we ought not to distinguish the rights of fathers and masters as distinct species.

Obj. 2: Further, the law is an expression of what is just, as stated above (A. 1, ad 2). Now a law looks to the common good of a city or kingdom, as stated above (I-II, Q. 90, A. 2), but not to the private good of an individual or even of one household. Therefore there is no need for a special right of dominion or paternal right, since the master and the father pertain to a household, as stated in Polit. i, 2.

Obj. 3: Further, there are many other differences of degrees among men, for instance some are soldiers, some are priests, some are princes. Therefore some special kind of right should be allotted to them.

On the contrary, The Philosopher (Ethic. v, 6) distinguishes right of dominion, paternal right and so on as species distinct from civil right.

I answer that, Right or just depends on commensuration with another person. Now "another" has a twofold signification. First, it may denote something that is other simply, as that which is altogether distinct; as, for example, two men neither of whom is subject to the other, and both of whom are subjects of the ruler of the state; and between these according to the Philosopher (Ethic. v, 6) there is the "just" simply. Secondly a thing is said to be other from something else, not simply, but as belonging in some way to that something else: and in this way, as regards human affairs, a son belongs to his father, since he is part of him somewhat, as stated in Ethic. viii, 12, and a slave belongs to his master, because he is his instrument, as stated in Polit. i, 2 [*Cf. Ethic. viii, 11]. Hence a father is not compared to his son as to another simply, and so between them there is not the just simply, but a kind of just, called "paternal." In like manner neither is there the just simply, between master and servant, but that which is called "dominative." A wife, though she is something belonging to the husband, since she stands related to him as to her own body, as the Apostle declares (Eph. 5:28), is nevertheless more distinct from her husband, than a son from his father, or a slave from his master: for she is received into a kind of social life, that of matrimony, wherefore according to the Philosopher (Ethic. v, 6) there is more scope for justice between husband and wife than between father and son, or master and slave, because, as husband and wife have an immediate relation to the community of the household, as stated in Polit. i, 2, 5, it follows that between them there is "domestic justice" rather than "civic."

Reply Obj. 1: It belongs to justice to render to each one his right, the distinction between individuals being presupposed: for if a man gives himself his due, this is not strictly called "just." And since what belongs to the son is his father's, and what belongs to the slave is his master's, it follows that properly speaking there is not justice of father to son, or of master to slave.

Reply Obj. 2: A son, as such, belongs to his father, and a slave, as such, belongs to his master; yet each, considered as a man, is something having separate existence and distinct from others. Hence in so far as each of them is a man, there is justice towards them in a way: and for this reason too there are certain laws regulating the relations of father to his son, and of a master to his slave; but in so far as each is something belonging to another, the perfect idea of "right" or "just" is wanting to them.

Reply Obj. 3: All other differences between one person and another in a state, have an immediate relation to the community of the state and to its ruler, wherefore there is just towards them in the perfect sense of justice. This "just" however is distinguished according to various offices, hence when we speak of "military," or "magisterial," or "priestly" right, it is not as though such rights fell short of the simply right, as when we speak of "paternal" right, or right of "dominion," but for the reason that something proper is due to each class of person in respect of his particular office. _______________________

QUESTION 58

OF JUSTICE
(In Twelve Articles)

We must now consider justice. Under this head there are twelve points of inquiry:

(1) What is justice?

(2) Whether justice is always towards another?

(3) Whether it is a virtue?

(4) Whether it is in the will as its subject?

(5) Whether it is a general virtue?

(6) Whether, as a general virtue, it is essentially the same as every virtue?

(7) Whether there is a particular justice?

(8) Whether particular justice has a matter of its own?

(9) Whether it is about passions, or about operations only?

(10) Whether the mean of justice is the real mean?

(11) Whether the act of justice is to render to everyone his own?

(12) Whether justice is the chief of the moral virtues? _______________________

FIRST ARTICLE [II-II, Q. 58, Art. 1]

Whether Justice Is Fittingly Defined As Being the Perpetual and
Constant Will to Render to Each One His Right?

Objection 1: It would seem that lawyers have unfittingly defined justice as being "the perpetual and constant will to render to each one his right" [*Digest. i, 1; De Just. et Jure 10]. For, according to the Philosopher (Ethic. v, 1), justice is a habit which makes a man "capable of doing what is just, and of being just in action and in intention." Now "will" denotes a power, or also an act. Therefore justice is unfittingly defined as being a will.

Obj. 2: Further, rectitude of the will is not the will; else if the will were its own rectitude, it would follow that no will is unrighteous. Yet, according to Anselm (De Veritate xii), justice is rectitude. Therefore justice is not the will.

Obj. 3: Further, no will is perpetual save God's. If therefore justice is a perpetual will, in God alone will there be justice.

Obj. 4: Further, whatever is perpetual is constant, since it is unchangeable. Therefore it is needless in defining justice, to say that it is both "perpetual" and "constant."

Obj. 5: Further, it belongs to the sovereign to give each one his right. Therefore, if justice gives each one his right, it follows that it is in none but the sovereign: which is absurd.

Obj. 6: Further, Augustine says (De Moribus Eccl. xv) that