Summa Theologica Part III (Secunda Secundae) Part 93

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 inst.i.tution, for they are inst.i.tuted by natural reason itself, as stated by the authority quoted above.

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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 cla.s.s of person in respect of his particular office.

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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 pa.s.sions, 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?

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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, rect.i.tude of the will is not the will; else if the will were its own rect.i.tude, it would follow that no will is unrighteous. Yet, according to Anselm (De Veritate xii), justice is rect.i.tude. Therefore justice is not the will.

Obj. 3: Further, no will is perpetual save G.o.d's. If therefore justice is a perpetual will, in G.o.d 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 G.o.d 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 rect.i.tude, 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 G.o.d'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.