Reply Obj. 1: As Augustine observes (Contra Julian. iv, 3) just as prudence is sometimes improperly taken in a bad sense, so is craftiness sometimes taken in a good sense, and this on account of their mutual resemblance. Properly speaking, however, craftiness is taken in a bad sense, as the Philosopher states inEthic.vi, 12.
Reply Obj. 2: Craftiness can take counsel both for a good end and for an evil end: nor should a good end be pursued by means that are false and counterfeit but by such as are true. Hence craftiness is a sin if it be directed to a good end.
Reply Obj. 3: Under "worldly prudence" Gregory included everything that can pertain to false prudence, so that it comprises craftiness also. _______________________
FOURTH ARTICLE [II-II, Q. 55, Art. 4]
Whether Guile Is a Sin Pertaining to Craftiness?
Objection 1: It would seem that guile is not a sin pertaining to craftiness. For sin, especially mortal, has no place in perfect men. Yet a certain guile is to be found in them, according to 2 Cor. 12:16, "Being crafty I caught you by guile." Therefore guile is not always a sin.
Obj. 2: Further, guile seems to pertain chiefly to the tongue, according to Ps. 5:11, "They dealt deceitfully with their tongues." Now craftiness like prudence is in the very act of reason. Therefore guile does not pertain to craftiness.
Obj. 3: Further, it is written (Prov. 12:20): "Guile [Douay:'Deceit'] is in the heart of them that think evil things." But thethought of evil things does not always pertain to craftiness.Therefore guile does not seem to belong to craftiness.
On the contrary,Craftiness aims at lying in wait, according to Eph. 4:14, "By cunning craftiness by which they lie in wait to deceive": and guile aims at this also. Therefore guile pertains to craftiness.
I answer that,As stated above (A. 3), it belongs to craftiness to adopt ways that are not true but counterfeit and apparently true, in order to attain some end either good or evil. Now the adopting of such ways may be subjected to a twofold consideration; first, as regards the process of thinking them out, and this belongs properly to craftiness, even as thinking out right ways to a due end belongs to prudence. Secondly the adopting of such like ways may be considered with regard to their actual execution, and in this way it belongs to guile. Hence guile denotes a certain execution of craftiness, and accordingly belongs thereto.
Reply Obj. 1: Just as craftiness is taken properly in a bad sense, and improperly in a good sense, so too is guile which is the execution of craftiness.
Reply Obj. 2: The execution of craftiness with the purpose of deceiving, is effected first and foremost by words, which hold the chief place among those signs whereby a man signifies something to another man, as Augustine states (De Doctr. Christ. ii, 3), hence guile is ascribed chiefly to speech. Yet guile may happen also in deeds, according to Ps. 104:25, "And to deal deceitfully with his servants." Guile is also in the heart, according to Ecclus. 19:23, "His interior is full of deceit," but this is to devise deceits, according to Ps. 37:13: "They studied deceits all the day long."
Reply Obj. 3: Whoever purposes to do some evil deed, must needs devise certain ways of attaining his purpose, and for the most part he devises deceitful ways, whereby the more easily to obtain his end. Nevertheless it happens sometimes that evil is done openly and by violence without craftiness and guile; but as this is more difficult, it is of less frequent occurrence. _______________________
FIFTH ARTICLE [II-II, Q. 55, Art. 5]
Whether Fraud Pertains to Craftiness?
Objection 1: It would seem that fraud does not pertain to craftiness. For a man does not deserve praise if he allows himself to be deceived, which is the object of craftiness; and yet a man deserves praise for allowing himself to be defrauded, according to 1 Cor. 6:1, "Why do you not rather suffer yourselves to be defrauded?" Therefore fraud does not belong to craftiness.
Obj. 2: Further, fraud seems to consist in unlawfully taking or receiving external things, for it is written (Acts 5:1) that "a certain man named Ananias with Saphira his wife, sold a piece of land, and by fraud kept back part of the price of the land." Now it pertains to injustice or illiberality to take possession of or retain external things unjustly. Therefore fraud does not belong to craftiness which is opposed to prudence.
Obj. 3: Further, no man employs craftiness against himself. But the frauds of some are against themselves, for it is written (Prov. 1:18) concerning some "that they practice frauds [Douay: 'deceits'] against their own souls." Therefore fraud does not belong to craftiness.
On the contrary,The object of fraud is to deceive, according to Job 13:9, "Shall he be deceived as a man, with your fraudulent [Douay: 'deceitful'] dealings?" Now craftiness is directed to the same object. Therefore fraud pertains to craftiness.
I answer that,Just asguileconsists in the execution of craftiness, so also doesfraud.But they seem to differ in the fact thatguilebelongs in general to the execution of craftiness, whether this be effected by words, or by deeds, whereasfraudbelongs more properly to the execution of craftiness by deeds.
Reply Obj. 1: The Apostle does not counsel the faithful to be deceived in their knowledge, but to bear patiently the effect of being deceived, and to endure wrongs inflicted on them by fraud.
Reply Obj. 2: The execution of craftiness may be carried out by another vice, just as the execution of prudence by the virtues: and accordingly nothing hinders fraud from pertaining to covetousness or illiberality.
Reply Obj. 3: Those who commit frauds, do not design anything against themselves or their own souls; it is through God's just judgment that what they plot against others, recoils on themselves, according to Ps. 7:16, "He is fallen into the hole he made." _______________________
SIXTH ARTICLE [II-II, Q. 55, Art. 6]
Whether It Is Lawful to Be Solicitous About Temporal Matters?
Objection 1: It would seem lawful to be solicitous about temporal matters. Because a superior should be solicitous for his subjects, according to Rom. 12:8, "He that ruleth, with solicitude." Now according to the Divine ordering, man is placed over temporal things, according to Ps. 8:8, "Thou hast subjected all things under his feet," etc. Therefore man should be solicitous about temporal things.
Obj. 2: Further, everyone is solicitous about the end for which he works. Now it is lawful for a man to work for the temporal things whereby he sustains life, wherefore the Apostle says (2 Thess. 3:10): "If any man will not work, neither let him eat." Therefore it is lawful to be solicitous about temporal things.
Obj. 3: Further, solicitude about works of mercy is praiseworthy, according to 2 Tim. 1:17, "When he was come to Rome, he carefully sought me." Now solicitude about temporal things is sometimes connected with works of mercy; for instance, when a man is solicitous to watch over the interests of orphans and poor persons. Therefore solicitude about temporal things is not unlawful.
On the contrary,Our Lord said (Matt. 6:31): "Be not solicitous . . . saying, What shall we eat, or what shall we drink, or wherewith shall we be clothed?" And yet such things are very necessary.
I answer that,Solicitude denotes an earnest endeavor to obtain something. Now it is evident that the endeavor is more earnest when there is fear of failure, so that there is less solicitude when success is assured. Accordingly solicitude about temporal things may be unlawful in three ways. First on the part of the object of solicitude; that is, if we seek temporal things as an end. Hence Augustine says (De Operibus Monach. xxvi): "When Our Lord said: 'Be not solicitous, ' etc. . . . He intended to forbid them either to make such things their end, or for the sake of these things to do whatever they were commanded to do in preaching the Gospel." Secondly, solicitude about temporal things may be unlawful, through too much earnestness in endeavoring to obtain temporal things, the result being that a man is drawn away from spiritual things which ought to be the chief object of his search, wherefore it is written (Matt. 13:22) that "the care of this world . . . chokes up the word." Thirdly, through over much fear, when, to wit, a man fears to lack necessary things if he do what he ought to do. Now our Lord gives three motives for laying aside this fear. First, on account of the yet greater favors bestowed by God on man, independently of his solicitude, viz. his body and soul (Matt. 6:26); secondly, on account of the care with which God watches over animals and plants without the assistance of man, according to the requirements of their nature; thirdly, because of Divine providence, through ignorance of which the gentiles are solicitous in seeking temporal goods before all others. Consequently He concludes that we should be solicitous most of all about spiritual goods, hoping that temporal goods also may be granted us according to our needs, if we do what we ought to do.
Reply Obj. 1: Temporal goods are subjected to man that he may use them according to his needs, not that he may place his end in them and be over solicitous about them.
Reply Obj. 2: The solicitude of a man who gains his bread by bodily labor is not superfluous but proportionate; hence Jerome says on Matt. 6:31, "Be not solicitous," that "labor is necessary, but solicitude must be banished," namely superfluous solicitude which unsettles the mind.
Reply Obj. 3: In the works of mercy solicitude about temporal things is directed to charity as its end, wherefore it is not unlawful, unless it be superfluous. _______________________
SEVENTH ARTICLE [II-II, Q. 55, Art. 7]
Whether We Should Be Solicitous About the Future?
Objection 1: It would seem that we should be solicitous about the future. For it is written (Prov. 6:6-8): "Go to the ant, O sluggard, and consider her ways and learn wisdom; which, although she hath no guide, nor master . . . provideth her meat for herself in the summer, and gathereth her food in the harvest." Now this is to be solicitous about the future. Therefore solicitude about the future is praiseworthy.
Obj. 2: Further, solicitude pertains to prudence. But prudence is chiefly about the future, since its principal part isforesight of future things,as stated above (Q. 49, A. 6, ad 1). Therefore it is virtuous to be solicitous about the future.
Obj. 3: Further, whoever puts something by that he may keep it for the morrow, is solicitous about the future. Now we read (John 12:6) that Christ had a bag for keeping things in, which Judas carried, and (Acts 4:34-37) that the Apostles kept the price of the land, which had been laid at their feet. Therefore it is lawful to be solicitous about the future.
On the contrary,Our Lord said (Matt. 6:34): "Be not . . . solicitous for tomorrow"; where "tomorrow" stands for the future, as Jerome says in his commentary on this passage.
I answer that,No work can be virtuous, unless it be vested with its due circumstances, and among these is the due time, according to Eccles. 8:6, "There is a time and opportunity for every business"; which applies not only to external deeds but also to internal solicitude. For every time has its own fitting proper solicitude; thus solicitude about the crops belongs to the summer time, and solicitude about the vintage to the time of autumn. Accordingly if a man were solicitous about the vintage during the summer, he would be needlessly forestalling the solicitude belonging to a future time. Hence Our Lord forbids such like excessive solicitude, saying: "Be . . . not solicitous for tomorrow," wherefore He adds, "for the morrow will be solicitous for itself," that is to say, the morrow will have its own solicitude, which will be burden enough for the soul. This is what He means by adding: "Sufficient for the day is the evil thereof," namely, the burden of solicitude.
Reply Obj. 1: The ant is solicitous at a befitting time, and it is this that is proposed for our example.
Reply Obj. 2: Due foresight of the future belongs to prudence. But it would be an inordinate foresight or solicitude about the future, if a man were to seek temporal things, to which the terms "past" and "future" apply, as ends, or if he were to seek them in excess of the needs of the present life, or if he were to forestall the time for solicitude.
Reply Obj. 3: As Augustine says (De Serm. Dom. in Monte ii, 17), "when we see a servant of God taking thought lest he lack these needful things, we must not judge him to be solicitous for the morrow, since even Our Lord deigned for our example to have a purse, and we read in the Acts of the Apostles that they procured the necessary means of livelihood in view of the future on account of a threatened famine. Hence Our Lord does not condemn those who according to human custom, provide themselves with such things, but those who oppose themselves to God for the sake of these things." _______________________
EIGHTH ARTICLE [II-II, Q. 55, Art. 8]
Whether These Vices Arise from Covetousness?
Objection 1: It would seem that these vices do not arise from covetousness. As stated above (Q. 43, A. 6) lust is the chief cause of lack of rectitude in the reason. Now these vices are opposed to right reason, i.e. to prudence. Therefore they arise chiefly from lust; especially since the Philosopher says (Ethic. vii, 6) that "Venus is full of guile and her girdle is many colored" and that "he who is incontinent in desire acts with cunning."
Obj. 2: Further, these vices bear a certain resemblance to prudence, as stated above (Q. 47, A. 13). Now, since prudence is in the reason, the more spiritual vices seem to be more akin thereto, such as pride and vainglory. Therefore the aforesaid vices seem to arise from pride rather than from covetousness.
Obj. 3: Further, men make use of stratagems not only in laying hold of other people's goods, but also in plotting murders, the former of which pertains to covetousness, and the latter to anger. Now the use of stratagems pertains to craftiness, guile, and fraud. Therefore the aforesaid vices arise not only from covetousness, but also from anger.
On the contrary,Gregory (Moral. xxxi, 45) states that fraud is a daughter of covetousness.
I answer that,As stated above (A. 3; Q. 47, A. 13), carnal prudence and craftiness, as well as guile and fraud, bear a certain resemblance to prudence in some kind of use of the reason. Now among all the moral virtues it is justice wherein the use of right reason appears chiefly, for justice is in the rational appetite. Hence the undue use of reason appears chiefly in the vices opposed to justice, the chief of which is covetousness. Therefore the aforesaid vices arise chiefly from covetousness.
Reply Obj. 1: On account of the vehemence of pleasure and of concupiscence, lust entirely suppresses the reason from exercising its act: whereas in the aforesaid vices there is some use of reason, albeit inordinate. Hence these vices do not arise directly from lust. When the Philosopher says that "Venus is full of guile," he is referring to a certain resemblance, in so far as she carries man away suddenly, just as he is moved in deceitful actions, yet not by means of craftiness but rather by the vehemence of concupiscence and pleasure; wherefore he adds that "Venus doth cozen the wits of the wisest man" [*Cf. Iliad xiv, 214-217].
Reply Obj. 2: To do anything by stratagem seems to be due to pusillanimity: because a magnanimous man wishes to act openly, as the Philosopher says (Ethic. iv, 3). Wherefore, as pride resembles or apes magnanimity, it follows that the aforesaid vices which make use of fraud and guile, do not arise directly from pride, but rather from covetousness, which seeks its own profit and sets little by excellence.
Reply Obj. 3: Anger's movement is sudden, hence it acts with precipitation, and without counsel, contrary to the use of the aforesaid vices, though these use counsel inordinately. That men use stratagems in plotting murders, arises not from anger but rather from hatred, because the angry man desires to harm manifestly, as the Philosopher states (Rhet. ii, 2, 3) [*Cf.Ethic.vii, 6]. _______________________
OF THE PRECEPTS RELATING TO PRUDENCE(In Two Articles)
We must now consider the precepts relating to prudence, under which head there are two points of inquiry:
(1) The precepts of prudence;
(2) The precepts relating to the opposite vices. _______________________
FIRST ARTICLE [II-II, Q. 56, Art. 1]
Whether the Precepts of the Decalogue Should Have Included a Precept of Prudence?
Objection 1: It would seem that the precepts of the decalogue should have included a precept of prudence. For the chief precepts should include a precept of the chief virtue. Now the chief precepts are those of the decalogue. Since then prudence is the chief of the moral virtues, it seems that the precepts of the decalogue should have included a precept of prudence.
Obj. 2: Further, the teaching of the Gospel contains the Law especially with regard to the precepts of the decalogue. Now the teaching of the Gospel contains a precept of prudence (Matt. 10:16): "Be ye . . . prudent [Douay: 'wise'] as serpents." Therefore the precepts of the decalogue should have included a precept of prudence.
Obj. 3: Further, the other lessons of the Old Testament are directed to the precepts of the decalogue: wherefore it is written (Malach. 4:4): "Remember the law of Moses My servant, which I commanded him in Horeb." Now the other lessons of the Old Testament include precepts of prudence; for instance (Prov. 3:5): "Lean not upon thy own prudence"; and further on (Prov. 4:25): "Let thine eyelids go before thy steps." Therefore the Law also should have contained a precept of prudence, especially among the precepts of the decalogue.
The contrary however appears to anyone who goes through the precepts of the decalogue.
I answer that,As stated above (I-II, Q. 100, A. 3; A. 5, ad 1) when we were treating of precepts, the commandments of the decalogue being given to the whole people, are a matter of common knowledge to all, as coming under the purview of natural reason. Now foremost among the things dictated by natural reason are the ends of human life, which are to the practical order what naturally known principles are to the speculative order, as shown above (Q. 47, A. 6). Now prudence is not about the end, but about the means, as stated above (Q. 47, A. 6). Hence it was not fitting that the precepts of the decalogue should include a precept relating directly to prudence. And yet all the precepts of the decalogue are related to prudence, in so far as it directs all virtuous acts.
Reply Obj. 1: Although prudence is simply foremost among all the moral virtues, yet justice, more than any other virtue, regards its object under the aspect of something due, which is a necessary condition for a precept, as stated above (Q. 44, A. 1; I-II, Q. 99, AA. 1, 5). Hence it behooved the chief precepts of the Law, which are those of the decalogue, to refer to justice rather than to prudence.
Reply Obj. 2: The teaching of the Gospel is the doctrine of perfection. Therefore it needed to instruct man perfectly in all matters relating to right conduct, whether ends or means: wherefore it behooved the Gospel teaching to contain precepts also of prudence.
Reply Obj. 3: Just as the rest of the teaching of the Old Testament is directed to the precepts of the decalogue as its end, so it behooved man to be instructed by the subsequent lessons of the Old Testament about the act of prudence which is directed to the means. _______________________
SECOND ARTICLE [II-II, Q. 56, Art. 2]
Whether the Prohibitive Precepts Relating to the Vices Opposed toPrudence Are Fittingly Propounded in the Old Law?
Objection 1: It would seem that the prohibitive precepts relating to the vices opposed to prudence are unfittingly propounded in the Old Law. For such vices as imprudence and its parts which are directly opposed to prudence are not less opposed thereto, than those which bear a certain resemblance to prudence, such as craftiness and vices connected with it. Now the latter vices are forbidden in the Law: for it is written (Lev. 19:13): "Thou shalt not calumniate thy neighbor," and (Deut. 25:13): "Thou shalt not have divers weights in thy bag, a greater and a less." Therefore there should have also been prohibitive precepts about the vices directly opposed to prudence.
Obj. 2: Further, there is room for fraud in other things than in buying and selling. Therefore the Law unfittingly forbade fraud solely in buying and selling.
Obj. 3: Further, there is the same reason for prescribing an act of virtue as for prohibiting the act of a contrary vice. But acts of prudence are not prescribed in the Law. Therefore neither should any contrary vices have been forbidden in the Law.
The contrary, however, appears from the precepts of the Law which are quoted in the first objection.
I answer that,As stated above (A. 1), justice, above all, regards the aspect of something due, which is a necessary condition for a precept, because justice tends to render that which is due to another, as we shall state further on (Q. 58, A. 2). Now craftiness, as to its execution, is committed chiefly in matters of justice, as stated above (Q. 55, A. 8): and so it was fitting that the Law should contain precepts forbidding the execution of craftiness, in so far as this pertains to injustice, as when a man uses guile and fraud in calumniating another or in stealing his goods.
Reply Obj. 1: Those vices that are manifestly opposed to prudence, do not pertain to injustice in the same way as the execution of craftiness, and so they are not forbidden in the Law, as fraud and guile are, which latter pertain to injustice.
Reply Obj. 2: All guile and fraud committed in matters of injustice, can be understood to be forbidden in the prohibition of calumny (Lev. 19:13). Yet fraud and guile are wont to be practiced chiefly in buying and selling, according to Ecclus. 26:28, "A huckster shall not be justified from the sins of the lips": and it is for this reason that the Law contained a special precept forbidding fraudulent buying and selling.
Reply Obj. 3: All the precepts of the Law that relate to acts of justice pertain to the execution of prudence, even as the precepts prohibitive of stealing, calumny and fraudulent selling pertain to the execution of craftiness. _______________________
OF RIGHT(In Four Articles)
After considering prudence we must in due sequence consider justice, the consideration of which will be fourfold:
(1) Of justice;
(2) Of its parts;
(3) Of the corresponding gift;
(4) Of the precepts relating to justice.
Four points will have to be considered about justice: (1) Right; (2)Justice itself; (3) Injustice; (4) Judgment.
Under the first head there are four points of inquiry:
(1) Whether right is the object of justice?
(2) Whether right is fittingly divided into natural and positive right?
(3) Whether the right of nations is the same as natural right?
(4) Whether right of dominion and paternal right are distinct species? _______________________
FIRST ARTICLE [II-II, Q. 57, Art. 1]
Whether Right Is the Object of Justice?
Objection 1: It would seem that right is not the object of justice. For the jurist Celsus says [*Digest. i, 1; De Just. et Jure 1] that "right is the art of goodness and equality." Now art is not the object of justice, but is by itself an intellectual virtue. Therefore right is not the object of justice.
Obj. 2: Further, "Law," according to Isidore (Etym. v, 3), "is a kind of right." Now law is the object not of justice but of prudence, wherefore the Philosopher [*Ethic. vi, 8] reckons "legislative" as one of the parts of prudence. Therefore right is not the object of justice.
Obj. 3: Further, justice, before all, subjects man to God: for Augustine says (De Moribus Eccl. xv) that "justice is love serving God alone, and consequently governing aright all things subject to man." Now right (jus) does not pertain to Divine things, but only to human affairs, for Isidore says (Etym. v, 2) that "fasis the Divine law, andjus,the human law." Therefore right is not the object of justice.
On the contrary,Isidore says (Etym. v, 2) that "jus(right) is so called because it is just." Now thejustis the object of justice, for the Philosopher declares (Ethic. v, 1) that "all are agreed in giving the name of justice to the habit which makes men capable of doing just actions."
I answer that,It is proper to justice, as compared with the other virtues, to direct man in his relations with others: because it denotes a kind of equality, as its very name implies; indeed we are wont to say that things are adjusted when they are made equal, for equality is in reference of one thing to some other. On the other hand the other virtues perfect man in those matters only which befit him in relation to himself. Accordingly that which is right in the works of the other virtues, and to which the intention of the virtue tends as to its proper object, depends on its relation to the agent only, whereas the right in a work of justice, besides its relation to the agent, is set up by its relation to others. Because a man's work is said to be just when it is related to some other by way of some kind of equality, for instance the payment of the wage due for a service rendered. And so a thing is said to be just, as having the rectitude of justice, when it is the term of an act of justice, without taking into account the way in which it is done by the agent: whereas in the other virtues nothing is declared to be right unless it is done in a certain way by the agent. For this reason justice has its own special proper object over and above the other virtues, and this object is called the just, which is the same asright.Hence it is evident that right is the object of justice.
Reply Obj. 1: It is usual for words to be distorted from their original signification so as to mean something else: thus the word "medicine" was first employed to signify a remedy used for curing a sick person, and then it was drawn to signify the art by which this is done. In like manner the wordjus(right) was first of all used to denote the just thing itself, but afterwards it was transferred to designate the art whereby it is known what is just, and further to denote the place where justice is administered, thus a man is said to appearin jure[*In English we speak of a court of law, a barrister at law, etc.], and yet further, we say even that a man, who has the office of exercising justice, administers thejuseven if his sentence be unjust.
Reply Obj. 2: Just as there pre-exists in the mind of the craftsman an expression of the things to be made externally by his craft, which expression is called the rule of his craft, so too there pre-exists in the mind an expression of the particular just work which the reason determines, and which is a kind of rule of prudence. If this rule be expressed in writing it is called a "law," which according to Isidore (Etym. v, 1) is "a written decree": and so law is not the same as right, but an expression of right.
Reply Obj. 3: Since justice implies equality, and since we cannot offer God an equal return, it follows that we cannot make Him a perfectly just repayment. For this reason the Divine law is not properly calledjusbutfas,because, to wit, God is satisfied if we accomplish what we can. Nevertheless justice tends to make man repay God as much as he can, by subjecting his mind to Him entirely. _______________________
SECOND ARTICLE [II-II, Q. 57, Art. 2]
Whether Right Is Fittingly Divided into Natural Right and PositiveRight?
Objection 1: It would seem that right is not fittingly divided into natural right and positive right. For that which is natural is unchangeable, and is the same for all. Now nothing of the kind is to be found in human affairs, since all the rules of human right fail in certain cases, nor do they obtain force everywhere. Therefore there is no such thing as natural right.
Obj. 2: Further, a thing is called "positive" when it proceeds from the human will. But a thing is not just, simply because it proceeds from the human will, else a man's will could not be unjust. Since then the "just" and the "right" are the same, it seems that there is no positive right.
Obj. 3: Further, Divine right is not natural right, since it transcends human nature. In like manner, neither is it positive right, since it is based not on human, but on Divine authority. Therefore right is unfittingly divided into natural and positive.
On the contrary,The Philosopher says (Ethic. v, 7) that "political justice is partly natural and partly legal," i.e. established by law.
I answer that,As stated above (A. 1) the "right" or the "just" is a work that is adjusted to another person according to some kind of equality. Now a thing can be adjusted to a man in two ways: first by its very nature, as when a man gives so much that he may receive equal value in return, and this is called "natural right." In another way a thing is adjusted or commensurated to another person, by agreement, or by common consent, when, to wit, a man deems himself satisfied, if he receive so much. This can be done in two ways: first by private agreement, as that which is confirmed by an agreement between private individuals; secondly, by public agreement, as when the whole community agrees that something should be deemed as though it were adjusted and commensurated to another person, or when this is decreed by the prince who is placed over the people, and acts in its stead, and this is called "positive right."
Reply Obj. 1: That which is natural to one whose nature is unchangeable, must needs be such always and everywhere. But man's nature is changeable, wherefore that which is natural to 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 DistinguishedAs 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 inPolit.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 inEthic.viii, 12, and a slave belongs to his master, because he is his instrument, as stated inPolit.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 inPolit.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. _______________________
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 andConstant 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 "justice is love serving God alone." Therefore it does not render to each one his right.
I answer that,The aforesaid definition of justice is fitting if understood aright. For since every virtue is a habit that is the principle of a good act, a virtue must needs be defined by means of the good act bearing on the matter proper to that virtue. Now the proper matter of justice consists of those things that belong to our intercourse with other men, as shall be shown further on (A. 2). Hence the act of justice in relation to its proper matter and object is indicated in the words, "Rendering to each one his right," since, as Isidore says (Etym. x), "a man is said to be just because he respects the rights (jus) of others."
Now in order that an act bearing upon any matter whatever be virtuous, it requires to be voluntary, stable, and firm, because the Philosopher says (Ethic. ii, 4) that in order for an act to be virtuous it needs first of all to be done "knowingly," secondly to be done "by choice," and "for a due end," thirdly to be done "immovably." Now the first of these is included in the second, since "what is done through ignorance is involuntary" (Ethic. iii, 1). Hence the definition of justice mentions first the "will," in order to show that the act of justice must be voluntary; and mention is made afterwards of its "constancy" and "perpetuity" in order to indicate the firmness of the act.
Accordingly, this is a complete definition of justice; save that the act is mentioned instead of the habit, which takes its species from that act, because habit implies relation to act. And if anyone would reduce it to the proper form of a definition, he might say that "justice is a habit whereby a man renders to each one his due by a constant and perpetual will": and this is about the same definition as that given by the Philosopher (Ethic. v, 5) who says that "justice is a habit whereby a man is said to be capable of doing just actions in accordance with his choice."
Reply Obj. 1: Will here denotes the act, not the power: and it is customary among writers to define habits by their acts: thus Augustine says (Tract. in Joan. xl) that "faith is to believe what one sees not."
Reply Obj. 2: Justice is the same as rectitude, not essentially but causally; for it is a habit which rectifies the deed and the will.
Reply Obj. 3: The will may be called perpetual in two ways. First on the part of the will's act which endures for ever, and thus God's will alone is perpetual. Secondly on the part of the subject, because, to wit, a man wills to do a certain thing always, and this is a necessary condition of justice. For it does not satisfy the conditions of justice that one wish to observe justice in some particular matter for the time being, because one could scarcely find a man willing to act unjustly in every case; and it is requisite that one should have the will to observe justice at all times and in all cases.
Reply Obj. 4: Since "perpetual" does not imply perpetuity of the act of the will, it is not superfluous to add "constant": for while the "perpetual will" denotes the purpose of observing justice always, "constant" signifies a firm perseverance in this purpose.
Reply Obj. 5: A judge renders to each one what belongs to him, by way of command and direction, because a judge is the "personification of justice," and "the sovereign is its guardian" (Ethic. v, 4). On the other hand, the subjects render to each one what belongs to him, by way of execution.
Reply Obj. 6: Just as love of God includes love of our neighbor, as stated above (Q. 25, A. 1), so too the service of God includes rendering to each one his due. _______________________
SECOND ARTICLE [II-II, Q. 58, Art. 2]
Whether Justice Is Always Towards Another?
Objection 1: It would seem that justice is not always towards another. For the Apostle says (Rom. 3:22) that "the justice of God is by faith of Jesus Christ." Now faith does not concern the dealings of one man with another. Neither therefore does justice.
Obj. 2: Further, according to Augustine (De Moribus Eccl. xv), "it belongs to justice that man should direct to the service of God his authority over the things that are subject to him." Now the sensitive appetite is subject to man, according to Gen. 4:7, where it is written: "The lust thereof," viz. of sin, "shall be under thee, and thou shalt have dominion over it." Therefore it belongs to justice to have dominion over one's own appetite: so that justice is towards oneself.
Obj. 3: Further, the justice of God is eternal. But nothing else is co-eternal with God. Therefore justice is not essentially towards another.
Obj. 4: Further, man's dealings with himself need to be rectified no less than his dealings with another. Now man's dealings are rectified by justice, according to Prov. 11:5, "The justice of the upright shall make his way prosperous." Therefore justice is about our dealings not only with others, but also with ourselves.
On the contrary,Tully says (De Officiis i, 7) that "the object of justice is to keep men together in society and mutual intercourse." Now this implies relationship of one man to another. Therefore justice is concerned only about our dealings with others.
I answer that,As stated above (Q. 57, A. 1) since justice by its name implies equality, it denotes essentially relation to another, for a thing is equal, not to itself, but to another. And forasmuch as it belongs to justice to rectify human acts, as stated above (Q. 57, A. 1; I-II, Q. 113, A. 1) this otherness which justice demands must needs be between beings capable of action. Now actions belong to supposits [*Cf. I, Q. 29, A. 2] and wholes and, properly speaking, not to parts and forms or powers, for we do not say properly that the hand strikes, but a man with his hand, nor that heat makes a thing hot, but fire by heat, although such expressions may be employed metaphorically. Hence, justice properly speaking demands a distinction of supposits, and consequently is only in one man towards another. Nevertheless in one and the same man we may speak metaphorically of his various principles of action such as the reason, the irascible, and the concupiscible, as though they were so many agents: so that metaphorically in one and the same man there is said to be justice in so far as the reason commands the irascible and concupiscible, and these obey reason; and in general in so far as to each part of man is ascribed what is becoming to it. Hence the Philosopher (Ethic. v, 11) calls this "metaphorical justice."
Reply Obj. 1: The justice which faith works in us, is that whereby the ungodly is justified: it consists in the due coordination of the parts of the soul, as stated above (I-II, Q. 113, A. 1) where we were treating of the justification of the ungodly. Now this belongs to metaphorical justice, which may be found even in a man who lives all by himself.
This suffices for the Reply to the Second Objection.
Reply Obj. 3: God's justice is from eternity in respect of the eternal will and purpose (and it is chiefly in this that justice consists); although it is not eternal as regards its effect, since nothing is co-eternal with God.
Reply Obj. 4: Man's dealings with himself are sufficiently rectified by the rectification of the passions by the other moral virtues. But his dealings with others need a special rectification, not only in relation to the agent, but also in relation to the person to whom they are directed. Hence about such dealings there is a special virtue, and this is justice. _______________________
THIRD ARTICLE [II-II, Q. 58, Art. 3]
Whether Justice Is a Virtue?
Objection 1: It would seem that justice is not a virtue. For it is written (Luke 17:10): "When you shall have done all these things that are commanded you, say: We are unprofitable servants; we have done that which we ought to do." Now it is not unprofitable to do a virtuous deed: for Ambrose says (De Officiis ii, 6): "We look to a profit that is estimated not by pecuniary gain but by the acquisition of godliness." Therefore to do what one ought to do, is not a virtuous deed. And yet it is an act of justice. Therefore justice is not a virtue.
Obj. 2: Further, that which is done of necessity, is not meritorious. But to render to a man what belongs to him, as justice requires, is of necessity. Therefore it is not meritorious. Yet it is by virtuous actions that we gain merit. Therefore justice is not a virtue.
Obj. 3: Further, every moral virtue is about matters of action. Now those things which are wrought externally are not things concerning behavior but concerning handicraft, according to the Philosopher (Metaph. ix) [*Didot ed., viii, 8]. Therefore since it belongs to justice to produce externally a deed that is just in itself, it seems that justice is not a moral virtue.
On the contrary,Gregory says (Moral. ii, 49) that "the entire structure of good works is built on four virtues," viz. temperance, prudence, fortitude and justice.
I answer that,A human virtue is one "which renders a human act and man himself good" [*Ethic. ii, 6], and this can be applied to justice. For a man's act is made good through attaining the rule of reason, which is the rule whereby human acts are regulated. Hence, since justice regulates human operations, it is evident that it renders man's operations good, and, as Tully declares (De Officiis i, 7), good men are so called chiefly from their justice, wherefore, as he says again (De Officiis i, 7) "the luster of virtue appears above all in justice."
Reply Obj. 1: When a man does what he ought, he brings no gain to the person to whom he does what he ought, but only abstains from doing him a harm. He does however profit himself, in so far as he does what he ought, spontaneously and readily, and this is to act virtuously. Hence it is written (Wis. 8:7) that Divine wisdom "teacheth temperance, and prudence, and justice, and fortitude, which are such things as men (i.e. virtuous men) can have nothing more profitable in life."
Reply Obj. 2: Necessity is twofold. One arises fromconstraint,and this removes merit, since it runs counter to the will. The other arises from the obligation of acommand,or from the necessity of obtaining an end, when, to wit, a man is unable to achieve the end of virtue without doing some particular thing. The latter necessity does not remove merit, when a man does voluntarily that which is necessary in this way. It does however exclude the credit of supererogation, according to 1 Cor. 9:16, "If I preach the Gospel, it is no glory to me, for a necessity lieth upon me."
Reply Obj. 3: Justice is concerned about external things, not by making them, which pertains to art, but by using them in our dealings with other men. _______________________
FOURTH ARTICLE [II-II, Q. 58, Art. 4]
Whether Justice Is in the Will As Its Subject?
Objection 1: It would seem that justice is not in the will as its subject. For justice is sometimes called truth. But truth is not in the will, but in the intellect. Therefore justice is not in the will as its subject.
Obj. 2: Further, justice is about our dealings with others. Now it belongs to the reason to direct one thing in relation to another. Therefore justice is not in the will as its subject but in the reason.
Obj. 3: Further, justice is not an intellectual virtue, since it is not directed to knowledge; wherefore it follows that it is a moral virtue. Now the subject of moral virtue is the faculty which is "rational by participation," viz. the irascible and the concupiscible, as the Philosopher declares (Ethic. i, 13). Therefore justice is not in the will as its subject, but in the irascible and concupiscible.
On the contrary,Anselm says (De Verit. xii) that "justice is rectitude of the will observed for its own sake."
I answer that,The subject of a virtue is the power whose act that virtue aims at rectifying. Now justice does not aim at directing an act of the cognitive power, for we are not said to be just through knowing something aright. Hence the subject of justice is not the intellect or reason which is a cognitive power. But since we are said to be just through doing something aright, and because the proximate principle of action is the appetitive power, justice must needs be in some appetitive power as its subject.
Now the appetite is twofold; namely, the will which is in the reason and the sensitive appetite which follows on sensitive apprehension, and is divided into the irascible and the concupiscible, as stated in the First Part (Q. 81, A. 2). Again the act of rendering his due to each man cannot proceed from the sensitive appetite, because sensitive apprehension does not go so far as to be able to consider the relation of one thing to another; but this is proper to the reason. Therefore justice cannot be in the irascible or concupiscible as its subject, but only in the will: hence the Philosopher (Ethic. v, 1) defines justice by an act of the will, as may be seen above (A. 1).
Reply Obj. 1: Since the will is the rational appetite, when the rectitude of the reason which is called truth is imprinted on the will on account of its nighness to the reason, this imprint retains the name of truth; and hence it is that justice sometimes goes by the name of truth.
Reply Obj. 2: The will is borne towards its object consequently on the apprehension of reason: wherefore, since the reason directs one thing in relation to another, the will can will one thing in relation to another, and this belongs to justice.
Reply Obj. 3: Not only the irascible and concupiscible parts arerational by participation,but the entireappetitivefaculty, as stated inEthic.i, 13, because all appetite is subject to reason. Now the will is contained in the appetitive faculty, wherefore it can be the subject of moral virtue. _______________________
FIFTH ARTICLE [II-II, Q. 58, Art. 5]
Whether Justice Is a General Virtue?
Objection 1: It would seem that justice is not a general virtue. For justice is specified with the other virtues, according to Wis. 8:7, "She teacheth temperance and prudence, and justice, and fortitude." Now the "general" is not specified or reckoned together with the species contained under the same "general." Therefore justice is not a general virtue.
Obj. 2: Further, as justice is accounted a cardinal virtue, so are temperance and fortitude. Now neither temperance nor fortitude is reckoned to be a general virtue. Therefore neither should justice in any way be reckoned a general virtue.
Obj. 3: Further, justice is always towards others, as stated above (A. 2). But a sin committed against one's neighbor cannot be a general sin, because it is condivided with sin committed against oneself. Therefore neither is justice a general virtue.
On the contrary,The Philosopher says (Ethic. v, 1) that "justice is every virtue."
I answer that,Justice, as stated above (A. 2) directs man in his relations with other men. Now this may happen in two ways: first as regards his relation with individuals, secondly as regards his relations with others in general, in so far as a man who serves a community, serves all those who are included in that community. Accordingly justice in its proper acceptation can be directed to another in both these senses. Now it is evident that all who are included in a community, stand in relation to that community as parts to a whole; while a part, as such, belongs to a whole, so that whatever is the good of a part can be directed to the good of the whole. It follows therefore that the good of any virtue, whether such virtue direct man in relation to himself, or in relation to certain other individual persons, is referable to the common good, to which justice directs: so that all acts of virtue can pertain to justice, in so far as it directs man to the common good. It is in this sense that justice is called a general virtue. And since it belongs to the law to direct to the common good, as stated above (I-II, Q. 90, A. 2), it follows that the justice which is in this way styled general, is called "legal justice," because thereby man is in harmony with the law which directs the acts of all the virtues to the common good.
Reply Obj. 1: Justice is specified or enumerated with the other virtues, not as a general but as a special virtue, as we shall state further on (AA. 7, 12).
Reply Obj. 2: Temperance and fortitude are in the sensitive appetite, viz. in the concupiscible and irascible. Now these powers are appetitive of certain particular goods, even as the senses are cognitive of particulars. On the other hand justice is in the intellective appetite as its subject, which can have the universal good as its object, knowledge whereof belongs to the intellect. Hence justice can be a general virtue rather than temperance or fortitude.
Reply Obj. 3: Things referable to oneself are referable to another, especially in regard to the common good. Wherefore legal justice, in so far as it directs to the common good, may be called a general virtue: and in like manner injustice may be called a general sin; hence it is written (1 John 3:4) that all "sin is iniquity." _______________________
SIXTH ARTICLE [II-II, Q. 58, Art. 6]
Whether Justice, As a General Virtue, Is Essentially the Same As AllVirtue?
Objection 1: It would seem that justice, as a general virtue, is essentially the same as all virtue. For the Philosopher says (Ethic. v, 1) that "virtue and legal justice are the same as all virtue, but differ in their mode of being." Now things that differ merely in their mode of being or logically do not differ essentially. Therefore justice is essentially the same as every virtue.
Obj. 2: Further, every virtue that is not essentially the same as all virtue is a part of virtue. Now the aforesaid justice, according to the Philosopher (Ethic. v. 1) "is not a part but the whole of virtue." Therefore the aforesaid justice is essentially the same as all virtue.
Obj. 3: Further, the essence of a virtue does not change through that virtue directing its act to some higher end even as the habit of temperance remains essentially the same even though its act be directed to a Divine good. Now it belongs to legal justice that the acts of all the virtues are directed to a higher end, namely the common good of the multitude, which transcends the good of one single individual. Therefore it seems that legal justice is essentially all virtue.
Obj. 4: Further, every good of a part can be directed to the good of the whole, so that if it be not thus directed it would seem without use or purpose. But that which is in accordance with virtue cannot be so. Therefore it seems that there can be no act of any virtue, that does not belong to general justice, which directs to the common good; and so it seems that general justice is essentially the same as all virtue.
On the contrary,The Philosopher says (Ethic. v, 1) that "many are able to be virtuous in matters affecting themselves, but are unable to be virtuous in matters relating to others," and (Polit. iii, 2) that "the virtue of the good man is not strictly the same as the virtue of the good citizen." Now the virtue of a good citizen is general justice, whereby a man is directed to the common good. Therefore general justice is not the same as virtue in general, and it is possible to have one without the other.
I answer that,A thing is said to be "general" in two ways. First, bypredication:thus "animal" is general in relation to man and horse and the like: and in this sense that which is general must needs be essentially the same as the things in relation to which it is general, for the reason that the genus belongs to the essence of the species, and forms part of its definition. Secondly a thing is said to be generalvirtually;thus a universal cause is general in relation to all its effects, the sun, for instance, in relation to all bodies that are illumined, or transmuted by its power; and in this sense there is no need for that which is "general" to be essentially the same as those things in relation to which it is general, since cause and effect are not essentially the same. Now it is in the latter sense that, according to what has been said (A. 5), legal justice is said to be a general virtue, in as much, to wit, as it directs the acts of the other virtues to its own end, and this is to move all the other virtues by its command; for just as charity may be called a general virtue in so far as it directs the acts of all the virtues to the Divine good, so too is legal justice, in so far as it directs the acts of all the virtues to the common good. Accordingly, just as charity which regards the Divine good as its proper object, is a special virtue in respect of its essence, so too legal justice is a special virtue in respect of its essence, in so far as it regards the common good as its proper object. And thus it is in the sovereign principally and by way of a mastercraft, while it is secondarily and administratively in his subjects.
However the name of legal justice can be given to every virtue, in so far as every virtue is directed to the common good by the aforesaid legal justice, which though special essentially is nevertheless virtually general. Speaking in this way, legal justice is essentially the same as all virtue, but differs therefrom logically: and it is in this sense that the Philosopher speaks.
Wherefore the Replies to the First and Second Objections are manifest.
Reply Obj. 3: This argument again takes legal justice for the virtue commanded by legal justice.
Reply Obj. 4: Every virtue strictly speaking directs its act to that virtue's proper end: that it should happen to be directed to a further end either always or sometimes, does not belong to that virtue considered strictly, for it needs some higher virtue to direct it to that end. Consequently there must be one supreme virtue essentially distinct from every other virtue, which directs all the virtues to the common good; and this virtue is legal justice. _______________________
SEVENTH ARTICLE [II-II, Q. 58, Art. 7]
Whether There Is a Particular Besides a General Justice?
Objection 1: It would seem that there is not a particular besides a general justice. For there is nothing superfluous in the virtues, as neither is there in nature. Now general justice directs man sufficiently in all his relations with other men. Therefore there is no need for a particular justice.
Obj. 2: Further, the species of a virtue does not vary according to "one" and "many." But legal justice directs one man to another in matters relating to the multitude, as shown above (AA. 5, 6). Therefore there is not another species of justice directing one man to another in matters relating to the individual.
Obj. 3: Further, between the individual and the general public stands the household community. Consequently, if in addition to general justice there is a particular justice corresponding to the individual, for the same reason there should be a domestic justice directing man to the common good of a household: and yet this is not the case. Therefore neither should there be a particular besides a legal justice.
On the contrary,Chrysostom in his commentary on Matt. 5:6, "Blessed are they that hunger and thirst after justice," says (Hom. xv in Matth.): "By justice He signifies either the general virtue, or the particular virtue which is opposed to covetousness."
I answer that,As stated above (A. 6), legal justice is not essentially the same as every virtue, and besides legal justice which directs man immediately to the common good, there is a need for other virtues to direct him immediately in matters relating to particular goods: and these virtues may be relative to himself or to another individual person. Accordingly, just as in addition to legal justice there is a need for particular virtues to direct man in relation to himself, such as temperance and fortitude, so too besides legal justice there is need for particular justice to direct man in his relations to other individuals.
Reply Obj. 1: Legal justice does indeed direct man sufficiently in his relations towards others. As regards the common good it does so immediately, but as to the good of the individual, it does so mediately. Wherefore there is need for particular justice to direct a man immediately to the good of another individual.
Reply Obj. 2: The common good of the realm and the particular good of the individual differ not only in respect of themanyand thefew,but also under a formal aspect. For the aspect of thecommongood differs from the aspect of theindividualgood, even as the aspect ofwholediffers from that ofpart.Wherefore the Philosopher says (Polit. i, 1) that "they are wrong who maintain that the State and the home and the like differ only as many and few and not specifically."
Reply Obj. 3: The household community, according to the Philosopher (Polit. i, 2), differs in respect of a threefold fellowship; namely "of husband and wife, father and son, master and slave," in each of which one person is, as it were, part of the other. Wherefore between such persons there is not justice simply, but a species of justice, viz.domesticjustice, as stated inEthic.v, 6. _______________________
EIGHTH ARTICLE [II-II, Q. 58, Art. 8]
Whether Particular Justice Has a Special Matter?
Objection 1: It would seem that particular justice has no special matter. Because a gloss on Gen. 2:14, "The fourth river is Euphrates," says: "Euphrates signifies 'fruitful'; nor is it stated through what country it flows, because justice pertains to all the parts of the soul." Now this would not be the case, if justice had a special matter, since every special matter belongs to a special power. Therefore particular justice has no special matter.