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

Whether It Is Lawful to Judge?

Objection 1: It would seem unlawful to judge. For nothing is punished except what is unlawful. Now those who judge are threatened with punishment, which those who judge not will escape, according to Matt. 7:1, "Judge not, and ye shall not be judged." Therefore it is unlawful to judge.

Obj. 2: Further, it is written (Rom. 14:4): "Who art thou that judgest another man's servant[?] To his own lord he standeth or falleth." Now God is the Lord of all. Therefore to no man is it lawful to judge.

Obj. 3: Further, no man is sinless, according to 1 John 1:8, "If we say that we have no sin, we deceive ourselves." Now it is unlawful for a sinner to judge, according to Rom. 2:1, "Thou art inexcusable, O man, whosoever thou art, that judgest; for wherein thou judgest another, thou condemnest thyself, for thou dost the same things which thou judgest." Therefore to no man is it lawful to judge.

On the contrary, It is written (Deut. 16:18): "Thou shalt appoint judges and magistrates in all thy gates . . . that they may judge the people with just judgment."

I answer that, Judgment is lawful in so far as it is an act of justice. Now it follows from what has been stated above (A. 1, ad 1, 3) that three conditions are requisite for a judgment to be an act of justice: first, that it proceed from the inclination of justice; secondly, that it come from one who is in authority; thirdly, that it be pronounced according to the right ruling of prudence. If any one of these be lacking, the judgment will be faulty and unlawful. First, when it is contrary to the rectitude of justice, and then it is called "perverted" or "unjust": secondly, when a man judges about matters wherein he has no authority, and this is called judgment "by usurpation": thirdly, when the reason lacks certainty, as when a man, without any solid motive, forms a judgment on some doubtful or hidden matter, and then it is called judgment by "suspicion" or "rash" judgment.

Reply Obj. 1: In these words our Lord forbids rash judgment which is about the inward intention, or other uncertain things, as Augustine states (De Serm. Dom. in Monte ii, 18). Or else He forbids judgment about Divine things, which we ought not to judge, but simply believe, since they are above us, as Hilary declares in his commentary on Matt. 5. Or again according to Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John Chrysostom], He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

Reply Obj. 2: A judge is appointed as God's servant; wherefore it is written (Deut. 1:16): "Judge that which is just," and further on (Deut. 1:17), "because it is the judgment of God."

Reply Obj. 3: Those who stand guilty of grievous sins should not judge those who are guilty of the same or lesser sins, as Chrysostom [*Hom. xxiv] says on the words of Matt. 7:1, "Judge not." Above all does this hold when such sins are public, because there would be an occasion of scandal arising in the hearts of others. If however they are not public but hidden, and there be an urgent necessity for the judge to pronounce judgment, because it is his duty, he can reprove or judge with humility and fear. Hence Augustine says (De Serm. Dom. in Monte ii, 19): "If we find that we are guilty of the same sin as another man, we should groan together with him, and invite him to strive against it together with us." And yet it is not through acting thus that a man condemns himself so as to deserve to be condemned once again, but when, in condemning another, he shows himself to be equally deserving of condemnation on account of another or a like sin. _______________________

THIRD ARTICLE [II-II, Q. 60, Art. 3]

Whether It Is Unlawful to Form a Judgment from Suspicions?

Objection 1: It would seem that it is not unlawful to form a judgment from suspicions. For suspicion is seemingly an uncertain opinion about an evil, wherefore the Philosopher states (Ethic. vi, 3) that suspicion is about both the true and the false. Now it is impossible to have any but an uncertain opinion about contingent singulars. Since then human judgment is about human acts, which are about singular and contingent matters, it seems that no judgment would be lawful, if it were not lawful to judge from suspicions.

Obj. 2: Further, a man does his neighbor an injury by judging him unlawfully. But an evil suspicion consists in nothing more than a man's opinion, and consequently does not seem to pertain to the injury of another man. Therefore judgment based on suspicion is not unlawful.

Obj. 3: Further, if it is unlawful, it must needs be reducible to an injustice, since judgment is an act of justice, as stated above (A. 1). Now an injustice is always a mortal sin according to its genus, as stated above (Q. 59, A. 4). Therefore a judgment based on suspicion would always be a mortal sin, if it were unlawful. But this is false, because "we cannot avoid suspicions," according to a gloss of Augustine (Tract. xc in Joan.) on 1 Cor. 4:5, "Judge not before the time." Therefore a judgment based on suspicion would seem not to be unlawful.

On the contrary, Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John Chrysostom] in comment on the words of Matt. 7:1, "Judge not," etc., says: "By this commandment our Lord does not forbid Christians to reprove others from kindly motives, but that Christian should despise Christian by boasting his own righteousness, by hating and condemning others for the most part on mere suspicion."

I answer that, As Tully says (De Invent. Rhet. ii), suspicion denotes evil thinking based on slight indications, and this is due to three causes. First, from a man being evil in himself, and from this very fact, as though conscious of his own wickedness, he is prone to think evil of others, according to Eccles. 10:3, "The fool when he walketh in the way, whereas he himself is a fool, esteemeth all men fools." Secondly, this is due to a man being ill-disposed towards another: for when a man hates or despises another, or is angry with or envious of him, he is led by slight indications to think evil of him, because everyone easily believes what he desires. Thirdly, this is due to long experience: wherefore the Philosopher says (Rhet. ii, 13) that "old people are very suspicious, for they have often experienced the faults of others." The first two causes of suspicion evidently connote perversity of the affections, while the third diminishes the nature of suspicion, in as much as experience leads to certainty which is contrary to the nature of suspicion. Consequently suspicion denotes a certain amount of vice, and the further it goes, the more vicious it is.

Now there are three degrees of suspicion. The first degree is when a man begins to doubt of another's goodness from slight indications. This is a venial and a light sin; for "it belongs to human temptation without which no man can go through this life," according to a gloss on 1 Cor. 4:5, "Judge not before the time." The second degree is when a man, from slight indications, esteems another man's wickedness as certain. This is a mortal sin, if it be about a grave matter, since it cannot be without contempt of one's neighbor. Hence the same gloss goes on to say: "If then we cannot avoid suspicions, because we are human, we must nevertheless restrain our judgment, and refrain from forming a definite and fixed opinion." The third degree is when a judge goes so far as to condemn a man on suspicion: this pertains directly to injustice, and consequently is a mortal sin.

Reply Obj. 1: Some kind of certainty is found in human acts, not indeed the certainty of a demonstration, but such as is befitting the matter in point, for instance when a thing is proved by suitable witnesses.

Reply Obj. 2: From the very fact that a man thinks evil of another without sufficient cause, he despises him unduly, and therefore does him an injury.

Reply Obj. 3: Since justice and injustice are about external operations, as stated above (Q. 58, AA. 8, 10, 11; Q. 59, A. 1, ad 3), the judgment of suspicion pertains directly to injustice when it is betrayed by external action, and then it is a mortal sin, as stated above. The internal judgment pertains to justice, in so far as it is related to the external judgment, even as the internal to the external act, for instance as desire is related to fornication, or anger to murder. _______________________

FOURTH ARTICLE [II-II, Q. 60, Art. 4]

Whether Doubts Should Be Interpreted for the Best?

Objection 1: It would seem that doubts should not be interpreted for the best. Because we should judge from what happens for the most part. But it happens for the most part that evil is done, since "the number of fools is infinite" (Eccles. 1:15), "for the imagination and thought of man's heart are prone to evil from his youth" (Gen. 8:21). Therefore doubts should be interpreted for the worst rather than for the best.

Obj. 2: Further, Augustine says (De Doctr. Christ. i, 27) that "he leads a godly and just life who is sound in his estimate of things, and turns neither to this side nor to that." Now he who interprets a doubtful point for the best, turns to one side. Therefore this should not be done.

Obj. 3: Further, man should love his neighbor as himself. Now with regard to himself, a man should interpret doubtful matters for the worst, according to Job 9:28, "I feared all my works." Therefore it seems that doubtful matters affecting one's neighbor should be interpreted for the worst.

On the contrary, A gloss on Rom. 14:3, "He that eateth not, let him not judge him that eateth," says: "Doubts should be interpreted in the best sense."

I answer that, As stated above (A. 3, ad 2), from the very fact that a man thinks ill of another without sufficient cause, he injures and despises him. Now no man ought to despise or in any way injure another man without urgent cause: and, consequently, unless we have evident indications of a person's wickedness, we ought to deem him good, by interpreting for the best whatever is doubtful about him.

Reply Obj. 1: He who interprets doubtful matters for the best, may happen to be deceived more often than not; yet it is better to err frequently through thinking well of a wicked man, than to err less frequently through having an evil opinion of a good man, because in the latter case an injury is inflicted, but not in the former.

Reply Obj. 2: It is one thing to judge of things and another to judge of men. For when we judge of things, there is no question of the good or evil of the thing about which we are judging, since it will take no harm no matter what kind of judgment we form about it; but there is question of the good of the person who judges, if he judge truly, and of his evil if he judge falsely because "the true is the good of the intellect, and the false is its evil," as stated in Ethic. vi, 2, wherefore everyone should strive to make his judgment accord with things as they are. On the other hand when we judge of men, the good and evil in our judgment is considered chiefly on the part of the person about whom judgment is being formed; for he is deemed worthy of honor from the very fact that he is judged to be good, and deserving of contempt if he is judged to be evil. For this reason we ought, in this kind of judgment, to aim at judging a man good, unless there is evident proof of the contrary. And though we may judge falsely, our judgment in thinking well of another pertains to our good feeling and not to the evil of the intellect, even as neither does it pertain to the intellect's perfection to know the truth of contingent singulars in themselves.

Reply Obj. 3: One may interpret something for the worst or for the best in two ways. First, by a kind of supposition; and thus, when we have to apply a remedy to some evil, whether our own or another's, in order for the remedy to be applied with greater certainty of a cure, it is expedient to take the worst