Chapter XXVII: Part 27

_I answer that,_ A thing is said to be "general" in two ways. First, by _predication:_ 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 general _virtually;_ 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 the _many_ and the _few,_ but also under a formal aspect. For the aspect of the _common_ good differs from the aspect of the _individual_ good, even as the aspect of _whole_ differs from that of _part._ 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. _domestic_ justice, as stated in _Ethic._ 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.

Obj. 2: Further, Augustine says (QQ. lxxxiii, qu. 61) that "the soul has four virtues whereby, in this life, it lives spiritually, viz. temperance, prudence, fortitude and justice;" and he says that "the fourth is justice, which pervades all the virtues." Therefore particular justice, which is one of the four cardinal virtues, has no special matter.

Obj. 3: Further, justice directs man sufficiently in matters relating to others. Now a man can be directed to others in all matters relating to this life. Therefore the matter of justice is general and not special.

_On the contrary,_ The Philosopher reckons (Ethic. v, 2) particular justice to be specially about those things which belong to social life.

_I answer that,_ Whatever can be rectified by reason is the matter of moral virtue, for this is defined in reference to right reason, according to the Philosopher (Ethic. ii, 6). Now the reason can rectify not only the internal passions of the soul, but also external actions, and also those external things of which man can make use. And yet it is in respect of external actions and external things by means of which men can communicate with one another, that the relation of one man to another is to be considered; whereas it is in respect of internal passions that we consider man's rectitude in himself. Consequently, since justice is directed to others, it is not about the entire matter of moral virtue, but only about external actions and things, under a certain special aspect of the object, in so far as one man is related to another through them.

Reply Obj. 1: It is true that justice belongs essentially to one part of the soul, where it resides as in its subject; and this is the will which moves by its command all the other parts of the soul; and accordingly justice belongs to all the parts of the soul, not directly but by a kind of diffusion.

Reply Obj. 2: As stated above (I-II, Q. 61, AA. 3, 4), the cardinal virtues may be taken in two ways: first as special virtues, each having a determinate matter; secondly, as certain general modes of virtue. In this latter sense Augustine speaks in the passage quoted: for he says that "prudence is knowledge of what we should seek and avoid, temperance is the curb on the lust for fleeting pleasures, fortitude is strength of mind in bearing with passing trials, justice is the love of God and our neighbor which pervades the other virtues, that is to say, is the common principle of the entire order between one man and another."

Reply Obj. 3: A man's internal passions which are a part of moral matter, are not in themselves directed to another man, which belongs to the specific nature of justice; yet their effects, i.e. external actions, are capable of being directed to another man. Consequently it does not follow that the matter of justice is general. _______________________

NINTH ARTICLE [II-II, Q. 58, Art. 9]

Whether Justice Is About the Passions?

Objection 1: It would seem that justice is about the passions. For the Philosopher says (Ethic. ii, 3) that "moral virtue is about pleasure and pain." Now pleasure or delight, and pain are passions, as stated above [*I-II, Q. 23, A. 4; Q. 31, A. 1; Q. 35, A. 1] when we were treating of the passions. Therefore justice, being a moral virtue, is about the passions.

Obj. 2: Further, justice is the means of rectifying a man's operations in relation to another man. Now such like operations cannot be rectified unless the passions be rectified, because it is owing to disorder of the passions that there is disorder in the aforesaid operations: thus sexual lust leads to adultery, and overmuch love of money leads to theft. Therefore justice must needs be about the passions.

Obj. 3: Further, even as particular justice is towards another person so is legal justice. Now legal justice is about the passions, else it would not extend to all the virtues, some of which are evidently about the passions. Therefore justice is about the passions.

_On the contrary,_ The Philosopher says (Ethic. v, 1) that justice is about operations.

_I answer that,_ The true answer to this question may be gathered from a twofold source. First from the subject of justice, i.e. from the will, whose movements or acts are not passions, as stated above (I-II, Q. 22, A. 3; Q. 59, A. 4), for it is only the sensitive appetite whose movements are called passions. Hence justice is not about the passions, as are temperance and fortitude, which are in the irascible and concupiscible parts. Secondly, on he part of the matter, because justice is about man's relations with another, and we are not directed immediately to another by the internal passions. Therefore justice is not about the passions.

Reply Obj. 1: Not every moral virtue is about pleasure and pain as its proper matter, since fortitude is about fear and daring: but every moral virtue is directed to pleasure and pain, as to ends to be acquired, for, as the Philosopher says (Ethic. vii, 11), "pleasure and pain are the principal end in respect of which we say that this is an evil, and that a good": and in this way too they belong to justice, since "a man is not just unless he rejoice in just actions" (Ethic. i, 8).

Reply Obj. 2: External operations are as it were between external things, which are their matter, and internal passions, which are their origin. Now it happens sometimes that there is a defect in one of these, without there being a defect in the other. Thus a man may steal another's property, not through the desire to have the thing, but through the will to hurt the man; or vice versa, a man may covet another's property without wishing to steal it. Accordingly the directing of operations in so far as they tend towards external things, belongs to justice, but in so far as they arise from the passions, it belongs to the other moral virtues which are about the passions. Hence justice hinders theft of another's property, in so far as stealing is contrary to the equality that should be maintained in external things, while liberality hinders it as resulting from an immoderate desire for wealth. Since, however, external operations take their species, not from the internal passions but from external things as being their objects, it follows that, external operations are essentially the matter of justice rather than of the other moral virtues.

Reply Obj. 3: The common good is the end of each individual member of a community, just as the good of the whole is the end of each part. On the other hand the good of one individual is not the end of another individual: wherefore legal justice which is directed to the common good, is more capable of extending to the internal passions whereby man is disposed in some way or other in himself, than particular justice which is directed to the good of another individual: although legal justice extends chiefly to other virtues in the point of their external operations, in so far, to wit, as "the law commands us to perform the actions of a courageous person . . . the actions of a temperate person . . . and the actions of a gentle person" (Ethic. v, 5). _______________________

TENTH ARTICLE [II-II, Q. 58, Art. 10]

Whether the Mean of Justice Is the Real Mean?

Objection 1: It would seem that the mean of justice is not the real mean. For the generic nature remains entire in each species. Now moral virtue is defined (Ethic. ii, 6) to be "an elective habit which observes the mean fixed, in our regard, by reason." Therefore justice observes the rational and not the real mean.

Obj. 2: Further, in things that are good simply, there is neither excess nor defect, and consequently neither is there a mean; as is clearly the case with the virtues, according to _Ethic._ ii, 6. Now justice is about things that are good simply, as stated in _Ethic._ v. Therefore justice does not observe the real mean.

Obj. 3: Further, the reason why the other virtues are said to observe the rational and not the real mean, is because in their case the mean varies according to different persons, since what is too much for one is too little for another (Ethic. ii, 6). Now this is also the case in justice: for one who strikes a prince does not receive the same punishment as one who strikes a private individual. Therefore justice also observes, not the real, but the rational mean.

_On the contrary,_ The Philosopher says (Ethic. ii, 6; v, 4) that the mean of justice is to be taken according to "arithmetical" proportion, so that it is the real mean.

_I answer that,_ As stated above (A. 9; I-II, Q. 59, A. 4), the other moral virtues are chiefly concerned with the passions, the regulation of which is gauged entirely by a comparison with the very man who is the subject of those passions, in so far as his anger and desire are vested with their various due circumstances. Hence the mean in such like virtues is measured not by the proportion of one thing to another, but merely by comparison with the virtuous man himself, so that with them the mean is only that which is fixed by reason in our regard.

On the other hand, the matter of justice is external operation, in so far as an operation or the thing used in that operation is duly proportionate to another person, wherefore the mean of justice consists in a certain proportion of equality between the external thing and the external person. Now equality is the real mean between greater and less, as stated in _Metaph._ x [*Didot ed., ix, 5; Cf. _Ethic._ v, 4]: wherefore justice observes the real mean.

Reply Obj. 1: This real mean is also the rational mean, wherefore justice satisfies the conditions of a moral virtue.

Reply Obj. 2: We may speak of a thing being good simply in two ways. First a thing may be good in every way: thus the virtues are good; and there is neither mean nor extremes in things that are good simply in this sense. Secondly a thing is said to be good simply through being good absolutely i.e. in its nature, although it may become evil through being abused. Such are riches and honors; and in the like it is possible to find excess, deficiency and mean, as regards men who can use them well or ill: and it is in this sense that justice is about things that are good simply.

Reply Obj. 3: The injury inflicted bears a different proportion to a prince from that which it bears to a private person: wherefore each injury requires to be equalized by vengeance in a different way: and this implies a real and not merely a rational diversity. _______________________

ELEVENTH ARTICLE [II-II, Q. 58, Art. 11]

Whether the Act of Justice Is to Render to Each One His Own?

Objection 1: It would seem that the act of justice is not to render to each one his own. For Augustine (De Trin. xiv, 9) ascribes to justice the act of succoring the needy. Now in succoring the needy we give them what is not theirs but ours. Therefore the act of justice does not consist in rendering to each one his own.

Obj. 2: Further, Tully says (De Offic. i, 7) that "beneficence which we may call kindness or liberality, belongs to justice." Now it pertains to liberality to give to another of one's own, not of what is his. Therefore the act of justice does not consist in rendering to each one his own.

Obj. 3: Further, it belongs to justice not only to distribute things duly, but also to repress injurious actions, such as murder, adultery and so forth. But the rendering to each one of what is his seems to belong solely to the distribution of things. Therefore the act of justice is not sufficiently described by saying that it consists in rendering to each one his own.

_On the contrary,_ Ambrose says (De Offic. i, 24): "It is justice that renders to each one what is his, and claims not another's property; it disregards its own profit in order to preserve the common equity."

_I answer that,_ As stated above (AA. 8, 10), the matter of justice is an external operation in so far as either it or the thing we use by it is made proportionate to some other person to whom we are related by justice. Now each man's own is that which is due to him according to equality of proportion. Therefore the proper act of justice is nothing else than to render to each one his own.

Reply Obj. 1: Since justice is a cardinal virtue, other secondary virtues, such as mercy, liberality and the like are connected with it, as we shall state further on (Q. 80, A. 1). Wherefore to succor the needy, which belongs to mercy or pity, and to be liberally beneficent, which pertains to liberality, are by a kind of reduction ascribed to justice as to their principal virtue.

This suffices for the Reply to the Second Objection.

Reply Obj. 3: As the Philosopher states (Ethic. v, 4), in matters of justice, the name of "profit" is extended to whatever is excessive, and whatever is deficient is called "loss." The reason for this is that justice is first of all and more commonly exercised in voluntary interchanges of things, such as buying and selling, wherein those expressions are properly employed; and yet they are transferred to all other matters of justice. The same applies to the rendering to each one of what is his own. _______________________

TWELFTH ARTICLE [II-II, Q. 58, Art. 12]

Whether Justice Stands Foremost Among All Moral Virtues?

Objection 1: It would seem that justice does not stand foremost among all the moral virtues. Because it belongs to justice to render to each one what is his, whereas it belongs to liberality to give of one's own, and this is more virtuous. Therefore liberality is a greater virtue than justice.

Obj. 2: Further, nothing is adorned by a less excellent thing than itself. Now magnanimity is the ornament both of justice and of all the virtues, according to _Ethic._ iv, 3. Therefore magnanimity is more excellent than justice.

Obj. 3: Further, virtue is about that which is "difficult" and "good," as stated in _Ethic._ ii, 3. But fortitude is about more difficult things than justice is, since it is about dangers of death, according to _Ethic._ iii, 6. Therefore fortitude is more excellent than justice.

_On the contrary,_ Tully says (De Offic. i, 7): "Justice is the most resplendent of the virtues, and gives its name to a good man."

_I answer that,_ If we speak of legal justice, it is evident that it stands foremost among all the moral virtues, for as much as the common good transcends the individual good of one person. In this sense the Philosopher declares (Ethic. v, 1) that "the most excellent of the virtues would seem to be justice, and more glorious than either the evening or the morning star." But, even if we speak of particular justice, it excels the other moral virtues for two reasons. The first reason may be taken from the subject, because justice is in the more excellent part of the soul, viz. the rational appetite or will, whereas the other moral virtues are in the sensitive appetite, whereunto appertain the passions which are the matter of the other moral virtues. The second reason is taken from the object, because the other virtues are commendable in respect of the sole good of the virtuous person himself, whereas justice is praiseworthy in respect of the virtuous person being well disposed towards another, so that justice is somewhat the good of another person, as stated in _Ethic._ v, 1. Hence the Philosopher says (Rhet. i, 9): "The greatest virtues must needs be those which are most profitable to other persons, because virtue is a faculty of doing good to others. For this reason the greatest honors are accorded the brave and the just, since bravery is useful to others in warfare, and justice is useful to others both in warfare and in time of peace."

Reply Obj. 1: Although the liberal man gives of his own, yet he does so in so far as he takes into consideration the good of his own virtue, while the just man gives to another what is his, through consideration of the common good. Moreover justice is observed towards all, whereas liberality cannot extend to all. Again liberality which gives of a man's own is based on justice, whereby one renders to each man what is his.

Reply Obj. 2: When magnanimity is added to justice it increases the latter's goodness; and yet without justice it would not even be a virtue.

Reply Obj. 3: Although fortitude is about the most difficult things, it is not about the best, for it is only useful in warfare, whereas justice is useful both in war and in peace, as stated above. _______________________

QUESTION 59

OF INJUSTICE (In Four Articles)

We must now consider injustice, under which head there are four points of inquiry:

(1) Whether injustice is a special vice?

(2) Whether it is proper to the unjust man to do unjust deeds?

(3) Whether one can suffer injustice willingly?

(4) Whether injustice is a mortal sin according to its genus? _______________________

FIRST ARTICLE [II-II, Q. 59, Art. 1]

Whether Injustice Is a Special Virtue?

Objection 1: It would seem that injustice is not a special vice. For it is written (1 John 3:4): "All sin is iniquity [*Vulg.: 'Whosoever committeth sin, committeth also iniquity; and sin is iniquity']." Now iniquity would seem to be the same as injustice, because justice is a kind of equality, so that injustice is apparently the same as inequality or iniquity. Therefore injustice is not a special sin.

Obj. 2: Further, no special sin is contrary to all the virtues. But injustice is contrary to all the virtues: for as regards adultery it is opposed to chastity, as regards murder it is opposed to meekness, and in like manner as regards the other sins. Therefore injustice is not a special sin.

Obj. 3: Further, injustice is opposed to justice which is in the will. But every sin is in the will, as Augustine declares (De Duabus Anim. x). Therefore injustice is not a special sin.

_On the contrary,_ Injustice is contrary to justice. But justice is a special virtue. Therefore injustice is a special vice.

_I answer that,_ Injustice is twofold. First there is illegal injustice which is opposed to legal justice: and this is essentially a special vice, in so far as it regards a special object, namely the common good which it contemns; and yet it is a general vice, as regards the intention, since contempt of the common good may lead to all kinds of sin. Thus too all vices, as being repugnant to the common good, have the character of injustice, as though they arose from injustice, in accord with what has been said above about justice (Q. 58, AA. 5, 6). Secondly we speak of injustice in reference to an inequality between one person and another, when one man wishes to have more goods, riches for example, or honors, and less evils, such as toil and losses, and thus injustice has a special matter and is a particular vice opposed to particular justice.

Reply Obj. 1: Even as legal justice is referred to human common good, so Divine justice is referred to the Divine good, to which all sin is repugnant, and in this sense all sin is said to be iniquity.

Reply Obj. 2: Even particular justice is indirectly opposed to all the virtues; in so far, to wit, as even external acts pertain both to justice and to the other moral virtues, although in different ways as stated above (Q. 58, A. 9, ad 2).

Reply Obj. 3: The will, like the reason, extends to all moral matters, i.e. passions and those external operations that relate to another person. On the other hand justice perfects the will solely in the point of its extending to operations that relate to another: and the same applies to injustice. _______________________

SECOND ARTICLE [II-II, Q. 59, Art. 2]

Whether a Man Is Called Unjust Through Doing an Unjust Thing?

Objection 1: It would seem that a man is called unjust through doing an unjust thing. For habits are specified by their objects, as stated above (I-II, Q. 54, A. 2). Now the proper object of justice is the just, and the proper object of injustice is the unjust. Therefore a man should be called just through doing a just thing, and unjust through doing an unjust thing.

Obj. 2: Further, the Philosopher declares (Ethic. v, 9) that they hold a false opinion who maintain that it is in a man's power to do suddenly an unjust thing, and that a just man is no less capable of doing what is unjust than an unjust man. But this opinion would not be false unless it were proper to the unjust man to do what is unjust. Therefore a man is to be deemed unjust from the fact that he does an unjust thing.

Obj. 3: Further, every virtue bears the same relation to its proper act, and the same applies to the contrary vices. But whoever does what is intemperate, is said to be intemperate. Therefore whoever does an unjust thing, is said to be unjust.

_On the contrary,_ The Philosopher says (Ethic. v, 6) that "a man may do an unjust thing without being unjust."

_I answer that,_ Even as the object of justice is something equal in external things, so too the object of injustice is something unequal, through more or less being assigned to some person than is due to him. To this object the habit of injustice is compared by means of its proper act which is called an injustice. Accordingly it may happen in two ways that a man who does an unjust thing, is not unjust: first, on account of a lack of correspondence between the operation and its proper object. For the operation takes its species and name from its direct and not from its indirect object: and in things directed to an end the direct is that which is intended, and the indirect is what is beside the intention. Hence if a man do that which is unjust, without intending to do an unjust thing, for instance if he do it through ignorance, being unaware that it is unjust, properly speaking he does an unjust thing, not directly, but only indirectly, and, as it were, doing materially that which is unjust: hence such an operation is not called an injustice. Secondly, this may happen on account of a lack of proportion between the operation and the habit. For an injustice may sometimes arise from a passion, for instance, anger or desire, and sometimes from choice, for instance when the injustice itself is the direct object of one's complacency. In the latter case properly speaking it arises from a habit, because whenever a man has a habit, whatever befits that habit is, of itself, pleasant to him. Accordingly, to do what is unjust intentionally and by choice is proper to the unjust man, in which sense the unjust man is one who has the habit of injustice: but a man may do what is unjust, unintentionally or through passion, without having the habit of injustice.

Reply Obj. 1: A habit is specified by its object in its direct and formal acceptation, not in its material and indirect acceptation.

Reply Obj. 2: It is not easy for any man to do an unjust thing from choice, as though it were pleasing for its own sake and not for the sake of something else: this is proper to one who has the habit, as the Philosopher declares (Ethic. v, 9).

Reply Obj. 3: The object of temperance is not something established externally, as is the object of justice: the object of temperance, i.e. the temperate thing, depends entirely on proportion to the man himself. Consequently what is accidental and unintentional cannot be said to be temperate either materially or formally. In like manner neither can it be called intemperate: and in this respect there is dissimilarity between justice and the other moral virtues; but as regards the proportion between operation and habit, there is similarity in all respects. _______________________

THIRD ARTICLE [II-II, Q. 59, Art. 3]

Whether We Can Suffer Injustice Willingly?

Objection 1: It would seem that one can suffer injustice willingly. For injustice is inequality, as stated above (A. 2). Now a man by injuring himself, departs from equality, even as by injuring another. Therefore a man can do an injustice to himself, even as to another. But whoever does himself an injustice, does so involuntarily. Therefore a man can voluntarily suffer injustice especially if it be inflicted by himself.

Obj. 2: Further, no man is punished by the civil law, except for having committed some injustice. Now suicides were formerly punished according to the law of the state by being deprived of an honorable burial, as the Philosopher declares (Ethic. v, 11). Therefore a man can do himself an injustice, and consequently it may happen that a man suffers injustice voluntarily.

Obj. 3: Further, no man does an injustice save to one who suffers that injustice. But it may happen that a man does an injustice to one who wishes it, for instance if he sell him a thing for more than it is worth. Therefore a man may happen to suffer an injustice voluntarily.

_On the contrary,_ To suffer an injustice and to do an injustice are contraries. Now no man does an injustice against his will. Therefore on the other hand no man suffers an injustice except against his will.

_I answer that,_ Action by its very nature proceeds from an agent, whereas passion as such is from another: wherefore the same thing in the same respect cannot be both agent and patient, as stated in _Phys._ iii, 1; viii, 5. Now the proper principle of action in man is the will, wherefore man does properly and essentially what he does voluntarily, and on the other hand a man suffers properly what he suffers against his will, since in so far as he is willing, he is a principle in himself, and so, considered thus, he is active rather than passive. Accordingly we must conclude that properly and strictly speaking no man can do an injustice except voluntarily, nor suffer an injustice save involuntarily; but that accidentally and materially so to speak, it is possible for that which is unjust in itself either to be done involuntarily (as when a man does anything unintentionally), or to be suffered voluntarily (as when a man voluntarily gives to another more than he owes him).

Reply Obj. 1: When one man gives voluntarily to another that which he does not owe him, he causes neither injustice nor inequality. For a man's ownership depends on his will, so there is no disproportion if he forfeit something of his own free-will, either by his own or by another's action.

Reply Obj. 2: An individual person may be considered in two ways. First, with regard to himself; and thus, if he inflict an injury on himself, it may come under the head of some other kind of sin, intemperance for instance or imprudence, but not injustice; because injustice no less than justice, is always referred to another person. Secondly, this or that man may be considered as belonging to the State as part thereof, or as belonging to God, as His creature and image; and thus a man who kills himself, does an injury not indeed to himself, but to the State and to God. Wherefore he is punished in accordance with both Divine and human law, even as the Apostle declares in respect of the fornicator (1 Cor. 3:17): "If any man violate the temple of God, him shall God destroy."

Reply Obj. 3: Suffering is the effect of external action. Now in the point of doing and suffering injustice, the material element is that which is done externally, considered in itself, as stated above (A. 2), and the formal and essential element is on the part of the will of agent and patient, as stated above (A. 2). Accordingly we must reply that injustice suffered by one man and injustice done by another man always accompany one another, in the material sense. But if we speak in the formal sense a man can do an injustice with the intention of doing an injustice, and yet the other man does not suffer an injustice, because he suffers voluntarily; and on the other hand a man can suffer an injustice if he suffer an injustice against his will, while the man who does the injury unknowingly, does an injustice, not formally but only materially. _______________________

FOURTH ARTICLE [II-II, Q. 59, Art. 4]

Whether Whoever Does an Injustice Sins Mortally?

Objection 1: It would seem that not everyone who does an injustice sins mortally. For venial sin is opposed to mortal sin. Now it is sometimes a venial sin to do an injury: for the Philosopher says (Ethic. v, 8) in reference to those who act unjustly: "Whatever they do not merely in ignorance but through ignorance is a venial matter." Therefore not everyone that does an injustice sins mortally.

Obj. 2: Further, he who does an injustice in a small matter, departs but slightly from the mean. Now this seems to be insignificant and should be accounted among the least of evils, as the Philosopher declares (Ethic. ii, 9). Therefore not everyone that does an injustice sins mortally.

Obj. 3: Further, charity is the "mother of all the virtues" [*Peter Lombard, Sent. iii, D. 23], and it is through being contrary thereto that a sin is called mortal. But not all the sins contrary to the other virtues are mortal. Therefore neither is it always a mortal sin to do an injustice.

_On the contrary,_ Whatever is contrary to the law of God is a mortal sin. Now whoever does an injustice does that which is contrary to the law of God, since it amounts either to theft, or to adultery, or to murder, or to something of the kind, as will be shown further on (Q. 64, seqq.). Therefore whoever does an injustice sins mortally.

_I answer that,_ As stated above (I-II, Q. 12, A. 5), when we were treating of the distinction of sins, a mortal sin is one that is contrary to charity which gives life to the soul. Now every injury inflicted on another person is of itself contrary to charity, which moves us to will the good of another. And so since injustice always consists in an injury inflicted on another person, it is evident that to do an injustice is a mortal sin according to its genus.

Reply Obj. 1: This saying of the Philosopher is to be understood as referring to ignorance of fact, which he calls "ignorance of particular circumstances" [*Ethic. iii, 1], and which deserves pardon, and not to ignorance of the law which does not excuse: and he who does an injustice through ignorance, does no injustice except accidentally, as stated above (A. 2)

Reply Obj. 2: He who does an injustice in small matters falls short of the perfection of an unjust deed, in so far as what he does may be deemed not altogether contrary to the will of the person who suffers therefrom: for instance, if a man take an apple or some such thing from another man, in which case it is probable that the latter is not hurt or displeased.

Reply Obj. 3: The sins which are contrary to the other virtues are not always hurtful to another person, but imply a disorder affecting human passions; hence there is no comparison. _______________________

QUESTION 60

OF JUDGMENT (In Six Articles)

In due sequence we must consider judgment, under which head there are six points of inquiry:

(1) Whether judgment is an act of justice?

(2) Whether it is lawful to judge?

(3) Whether judgment should be based on suspicions?

(4) Whether doubts should be interpreted favorably?

(5) Whether judgment should always be given according to the written law?

(6) Whether judgment is perverted by being usurped? _______________________

FIRST ARTICLE [II-II, Q. 60, Art. 1]

Whether Judgment Is an Act of Justice?

Objection 1: It would seem that judgment is not an act of justice. The Philosopher says (Ethic. i, 3) that "everyone judges well of what he knows," so that judgment would seem to belong to the cognitive faculty. Now the cognitive faculty is perfected by prudence. Therefore judgment belongs to prudence rather than to justice, which is in the will, as stated above (Q. 58, A. 4).

Obj. 2: Further, the Apostle says (1 Cor. 2:15): "The spiritual man judgeth all things." Now man is made spiritual chiefly by the virtue of charity, which "is poured forth in our hearts by the Holy Ghost Who is given to us" (Rom. 5:5). Therefore judgment belongs to charity rather than to justice.

Obj. 3: Further, it belongs to every virtue to judge aright of its proper matter, because "the virtuous man is the rule and measure in everything," according to the Philosopher (Ethic. iii, 4). Therefore judgment does not belong to justice any more than to the other moral virtues.

Obj. 4: Further, judgment would seem to belong only to judges. But the act of justice is to be found in every just man. Since then judges are not the only just men, it seems that judgment is not the proper act of justice.

_On the contrary,_ It is written (Ps. 93:15): "Until justice be turned into judgment."

_I answer that,_ Judgment properly denotes the act of a judge as such. Now a judge (_judex_) is so called because he asserts the right (_jus dicens_) and right is the object of justice, as stated above (Q. 57, A. 1). Consequently the original meaning of the word "judgment" is a statement or decision of the just or right. Now to decide rightly about virtuous deeds proceeds, properly speaking, from the virtuous habit; thus a chaste person decides rightly about matters relating to chastity. Therefore judgment, which denotes a right decision about what is just, belongs properly to justice. For this reason the Philosopher says (Ethic. v, 4) that "men have recourse to a judge as to one who is the personification of justice."

Reply Obj. 1: The word "judgment," from its original meaning of a right decision about what is just, has been extended to signify a right decision in any matter whether speculative or practical. Now a right judgment in any matter requires two things. The first is the virtue itself that pronounces judgment: and in this way, judgment is an act of reason, because it belongs to the reason to pronounce or define. The other is the disposition of the one who judges, on which depends his aptness for judging aright. In this way, in matters of justice, judgment proceeds from justice, even as in matters of fortitude, it proceeds from fortitude. Accordingly judgment is an act of justice in so far as justice inclines one to judge aright, and of prudence in so far as prudence pronounces judgment: wherefore _synesis_ which belongs to prudence is said to "judge rightly," as stated above (Q. 51, A. 3).

Reply Obj. 2: The spiritual man, by reason of the habit of charity, has an inclination to judge aright of all things according to the Divine rules; and it is in conformity with these that he pronounces judgment through the gift of wisdom: even as the just man pronounces judgment through the virtue of prudence conformably with the ruling of the law.

Reply Obj. 3: The other virtues regulate man in himself, whereas justice regulates man in his dealings with others, as shown above (Q. 58, A. 2). Now man is master in things concerning himself, but not in matters relating to others. Consequently where the other virtues are in question, there is no need for judgment other than that of a virtuous man, taking judgment in its broader sense, as explained above (ad 1). But in matters of justice, there is further need for the judgment of a superior, who is "able to reprove both, and to put his hand between both" [*Job 9:33]. Hence judgment belongs more specifically to justice than to any other virtue.

Reply Obj. 4: Justice is in the sovereign as a master-virtue [*Cf. Q. 58, A. 6], commanding and prescribing what is just; while it is in the subjects as an executive and administrative virtue. Hence judgment, which denotes a decision of what is just, belongs to justice, considered as existing chiefly in one who has authority. _______________________

SECOND ARTICLE [II-II, Q. 60, Art. 2]

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.