Summa Theologica


Question: 51 OF THE VIRTUES WHICH ARE CONNECTED WITH PRUDENCE (FOUR ARTICLES)

   In due sequence, we must consider the virtues that are connected with prudence, and which are its quasi-potential parts. Under this head there are four points of inquiry:

    (1) Whether {euboulia}, is a virtue?

    (2) Whether it is a special virtue, distinct from prudence?

    (3) Whether {synesis} is a special virtue?

    (4) Whether {gnome} is a special virtue?

   [*These three Greek words may be rendered as the faculties of deliberating well {euboulia}, of judging well according to common law {synesis}, and of judging well according to general law {gnome}, respectively.]

Article: 1  

Whether {euboulia} (deliberating well) is a virtue?

  Objection 1: It would seem that {euboulia} (deliberating well) is not a virtue. For, according to Augustine (De Lib. Arb. ii, 18,19) "no man makes evil use of virtue." Now some make evil use of {euboulia} (deliberating well) or good counsel, either through devising crafty counsels in order to achieve evil ends, or through committing sin in order that they may achieve good ends, as those who rob that they may give alms. Therefore {euboulia} (deliberating well) is not a virtue.

  Objection 2: Further, virtue is a perfection, according to Phys. vii. But {euboulia} (deliberating well) is concerned with counsel, which implies doubt and research, and these are marks of imperfection. Therefore {euboulia} (deliberating well) is not a virtue.

  Objection 3: Further, virtues are connected with one another, as stated above (FS, Question [65]). Now {euboulia} (deliberating well) is not connected with the other virtues, since many sinners take good-counsel, and many godly men are slow in taking counsel. Therefore {euboulia} (deliberating well) is not a virtue.

  On the contrary, According to the Philosopher (Ethic. vi, 9) {euboulia} (deliberating well) "is a right counselling." Now the perfection of virtue consists in right reason. Therefore {euboulia} (deliberating well) is a virtue.

  I answer that, As stated above (Question [47], Article [4]) the nature of a human virtue consists in making a human act good. Now among the acts of man, it is proper to him to take counsel, since this denotes a research of the reason about the actions he has to perform and whereof human life consists, for the speculative life is above man, as stated in Ethic. x. But {euboulia} (deliberating well) signifies goodness of counsel, for it is derived from the {eu}, good, and {boule}, counsel, being "a good counsel" or rather "a disposition to take good counsel." Hence it is evident that {euboulia} (deliberating well) is a human virtue.

  Reply to Objection 1: There is no good counsel either in deliberating for an evil end, or in discovering evil means for attaining a good end, even as in speculative matters, there is no good reasoning either in coming to a false conclusion, or in coming to a true conclusion from false premisses through employing an unsuitable middle term. Hence both the aforesaid processes are contrary to {euboulia} (deliberating well), as the Philosopher declares (Ethic. vi, 9).

  Reply to Objection 2: Although virtue is essentially a perfection, it does not follow that whatever is the matter of a virtue implies perfection. For man needs to be perfected by virtues in all his parts, and this not only as regards the acts of reason, of which counsel is one, but also as regards the passions of the sensitive appetite, which are still more imperfect.

   It may also be replied that human virtue is a perfection according to the mode of man, who is unable by simple insight to comprehend with certainty the truth of things, especially in matters of action which are contingent.

  Reply to Objection 3: In no sinner as such is {euboulia} (deliberating well) to be found: since all sin is contrary to taking good counsel. For good counsel requires not only the discovery or devising of fit means for the end, but also other circumstances. Such are suitable time, so that one be neither too slow nor too quick in taking counsel, and the mode of taking counsel, so that one be firm in the counsel taken, and other like due circumstances, which sinners fail to observe when they sin. On the other hand, every virtuous man takes good counsel in those things which are directed to the end of virtue, although perhaps he does not take good counsel in other particular matters, for instance in matters of trade, or warfare, or the like.

Article: 2 

Whether {euboulia} (deliberating well) is a special virtue, distinct from prudence?

  Objection 1: It would seem that {euboulia} (deliberating well) is not a distinct virtue from prudence. For, according to the Philosopher (Ethic. vi, 5), the "prudent man is, seemingly, one who takes good counsel." Now this belongs to {euboulia} (deliberating well) as stated above. Therefore {euboulia} (deliberating well) is not distinct from prudence.

  Objection 2: Further, human acts to which human virtues are directed, are specified chiefly by their end, as stated above (FS, Question [1], Article [3]; FS, Question [18], Articles [4],6). Now {euboulia} (deliberating well) and prudence are directed to the same end, as stated in Ethic. vi, 9, not indeed to some particular end, but to the common end of all life. Therefore {euboulia} (deliberating well) is not a distinct virtue from prudence.

  Objection 3: Further, in speculative sciences, research and decision belong to the same science. Therefore in like manner these belong to the same virtue in practical matters. Now research belongs to {euboulia} (deliberating well), while decision belongs to prudence. There {euboulia} (deliberating well) is not a distinct virtue from prudence.

  On the contrary, Prudence is preceptive, according to Ethic. vi, 10. But this does not apply to {euboulia} (deliberating well). Therefore {euboulia} (deliberating well) is a distinct virtue from prudence.

  I answer that, As stated above (Article [1]), virtue is properly directed to an act which it renders good; and consequently virtues must differ according to different acts, especially when there is a different kind of goodness in the acts. For, if various acts contained the same kind of goodness, they would belong to the same virtue: thus the goodness of love, desire and joy depends on the same, wherefore all these belong to the same virtue of charity.

   Now acts of the reason that are ordained to action are diverse, nor have they the same kind of goodness: since it is owing to different causes that a man acquires good counsel, good judgment, or good command, inasmuch as these are sometimes separated from one another. Consequently {euboulia} (deliberating well) which makes man take good counsel must needs be a distinct virtue from prudence, which makes man command well. And since counsel is directed to command as to that which is principal, so {euboulia} (deliberating well) is directed to prudence as to a principal virtue, without which it would be no virtue at all, even as neither are the moral virtues without prudence, nor the other virtues without charity.

  Reply to Objection 1: It belongs to prudence to take good counsel by commanding it, to {euboulia} (deliberating well) by eliciting it.

  Reply to Objection 2: Different acts are directed in different degrees to the one end which is "a good life in general" [*Ethic. vi, 5]: for counsel comes first, judgment follows, and command comes last. The last named has an immediate relation to the last end: whereas the other two acts are related thereto remotely. Nevertheless these have certain proximate ends of their own, the end of counsel being the discovery of what has to be done, and the end of judgment, certainty. Hence this proves not that {euboulia} (deliberating well) is not a distinct virtue from prudence, but that it is subordinate thereto, as a secondary to a principal virtue.

  Reply to Objection 3: Even in speculative matters the rational science of dialectics, which is directed to research and discovery, is distinct from demonstrative science, which decides the truth.

Article: 3

Whether {synesis} (judging well according to common law) is a virtue?

  Objection 1: It would seem that {synesis} is not a virtue. Virtues are not in us by nature, according to Ethic. ii, 1. But {synesis} (judging well according to common law) is natural to some, as the Philosopher states (Ethic. vi, 11). Therefore {synesis} (judging well according to common law) is not a virtue.

  Objection 2: Further, as stated in the same book (10), {synesis} (judging well according to common law) is nothing but "a faculty of judging." But judgment without command can be even in the wicked. Since then virtue is only in the good, it seems that {synesis} (judging well according to common law) is not a virtue.

  Objection 3: Further, there is never a defective command, unless there be a defective judgment, at least in a particular matter of action; for it is in this that every wicked man errs. If therefore {synesis} (judging well according to common law) be reckoned a virtue directed to good judgment, it seems that there is no need for any other virtue directed to good command: and consequently prudence would be superfluous, which is not reasonable. Therefore {synesis} (judging well according to common law) is not a virtue.

  On the contrary, Judgment is more perfect than counsel. But {euboulia}, or good counsel, is a virtue. Much more, therefore, is {synesis} (judging well according to common law) a virtue, as being good judgment.

  I answer that, {synesis} (judging well according to common law) signifies a right judgment, not indeed about speculative matters, but about particular practical matters, about which also is prudence. Hence in Greek some, in respect of {synesis} (judging well according to common law) are said to be {synetoi}, i.e. "persons of sense," or {eusynetoi}, i.e. "men of good sense," just as on the other hand, those who lack this virtue are called {asynetoi}, i.e. "senseless."

   Now, different acts which cannot be ascribed to the same cause, must correspond to different virtues. And it is evident that goodness of counsel and goodness of judgment are not reducible to the same cause, for many can take good counsel, without having good sense so as to judge well. Even so, in speculative matters some are good at research, through their reason being quick at arguing from one thing to another (which seems to be due to a disposition of their power of imagination, which has a facility in forming phantasms), and yet such persons sometimes lack good judgment (and this is due to a defect in the intellect arising chiefly from a defective disposition of the common sense which fails to judge aright). Hence there is need, besides {euboulia} (deliberating well), for another virtue, which judges well, and this is called {synesis} (judging well according to common law).

  Reply to Objection 1: Right judgment consists in the cognitive power apprehending a thing just as it is in reality, and this is due to the right disposition of the apprehensive power. Thus if a mirror be well disposed the forms of bodies are reflected in it just as they are, whereas if it be ill disposed, the images therein appear distorted and misshapen. Now that the cognitive power be well disposed to receive things just as they are in reality, is radically due to nature, but, as to its consummation, is due to practice or to a gift of grace, and this in two ways. First directly, on the part of the cognitive power itself, for instance, because it is imbued, not with distorted, but with true and correct ideas: this belongs to {synesis} (judging well according to common law) which in this respect is a special virtue. Secondly indirectly, through the good disposition of the appetitive power, the result being that one judges well of the objects of appetite: and thus a good judgment of virtue results from the habits of moral virtue; but this judgment is about the ends, whereas {synesis} (judging well according to common law) is rather about the means.

  Reply to Objection 2: In wicked men there may be right judgment of a universal principle, but their judgment is always corrupt in the particular matter of action, as stated above (Question [47], Article [13]).

  Reply to Objection 3: Sometimes after judging aright we delay to execute or execute negligently or inordinately. Hence after the virtue which judges aright there is a further need of a final and principal virtue, which commands aright, and this is prudence.
 
Article: 4 

Whether {gnome} (judging well according to general law) is a special virtue?

  Objection 1: It would seem that {gnome} (judging well according to general law) is not a special virtue distinct from {synesis} (judging well according to common law). For a man is said, in respect of {synesis} (judging well according to common law), to have good judgment. Now no man can be said to have good judgment, unless he judge aright in all things. Therefore {synesis} (judging well according to common law) extends to all matters of judgment, and consequently there is no other virtue of good judgment called {gnome} (judging well according to general law).

  Objection 2: Further, judgment is midway between counsel and precept. Now there is only one virtue of good counsel, viz. {euboulia} (deliberating well) and only one virtue of good command, viz. prudence. Therefore there is only one virtue of good judgment, viz. {synesis} (judging well according to common law).

  Objection 3: Further, rare occurrences wherein there is need to depart from the common law, seem for the most part to happen by chance, and with such things reason is not concerned, as stated in Phys. ii, 5. Now all the intellectual virtues depend on right reason. Therefore there is no intellectual virtue about such matters.

  On the contrary, The Philosopher concludes (Ethic. vi, 11) that {gnome} (judging well according to general law) is a special virtue.

   I answer that cognitive habits differ according to higher and lower principles: thus in speculative matters wisdom considers higher principles than science does, and consequently is distinguished from it; and so must it be also in practical matters. Now it is evident that what is beside the order of a lower principle or cause, is sometimes reducible to the order of a higher principle; thus monstrous births of animals are beside the order of the active seminal force, and yet they come under the order of a higher principle, namely, of a heavenly body, or higher still, of Divine Providence. Hence by considering the active seminal force one could not pronounce a sure judgment on such monstrosities, and yet this is possible if we consider Divine Providence.

   Now it happens sometimes that something has to be done which is not covered by the common rules of actions, for instance in the case of the enemy of one's country, when it would be wrong to give him back his deposit, or in other similar cases. Hence it is necessary to judge of such matters according to higher principles than the common laws, according to which {synesis} (judging according to common law) judges: and corresponding to such higher principles it is necessary to have a higher virtue of judgment, which is called {gnome} (judging according to general law), and which denotes a certain discrimination in judgment.

  Reply to Objection 1: {Synesis} (judging well according to common law) judges rightly about all actions that are covered by the common rules: but certain things have to be judged beside these common rules, as stated above.

  Reply to Objection 2: Judgment about a thing should be formed from the proper principles thereof, whereas research is made by employing also common principles. Wherefore also in speculative matters, dialectics which aims at research proceeds from common principles; while demonstration which tends to judgment, proceeds from proper principles. Hence {euboulia} (deliberating well) to which the research of counsel belongs is one for all, but not so {synesis} (judging well according to common law) whose act is judicial. Command considers in all matters the one aspect of good, wherefore prudence also is only one.

  Reply to Objection 3: It belongs to Divine Providence alone to consider all things that may happen beside the common course. On the other hand, among men, he who is most discerning can judge a greater number of such things by his reason: this belongs to {gnome} (judging well according to general law), which denotes a certain discrimination in judgment.

Question: 52  OF THE GIFT OF COUNSEL (FOUR ARTICLES)

   We must now consider the gift of counsel which corresponds to prudence. Under this head there are four points of inquiry:

    (1) Whether counsel should be reckoned among the seven gifts of the Holy Ghost?

    (2) Whether the gift of counsel corresponds to prudence?

    (3) Whether the gift of counsel remains in heaven?

    (4) Whether the fifth beatitude, "Blessed are the merciful," etc. corresponds to the gift of counsel?

Article: 1  

Whether counsel should be reckoned among the gifts of the Holy Ghost?

  Objection 1: It would seem that counsel should not be reckoned among the gifts of the Holy Ghost. The gifts of the Holy Ghost are given as a help to the virtues, according to Gregory (Moral. ii, 49). Now for the purpose of taking counsel, man is sufficiently perfected by the virtue of prudence, or even of {euboulia} (deliberating well), as is evident from what has been said (Question [47], Article [1], ad 2; Question [51], Articles [1],2). Therefore counsel should not be reckoned among the gifts of the Holy Ghost.

  Objection 2: Further, the difference between the seven gifts of the Holy Ghost and the gratuitous graces seems to be that the latter are not given to all, but are divided among various people, whereas the gifts of the Holy Ghost are given to all who have the Holy Ghost. But counsel seems to be one of those things which are given by the Holy Ghost specially to certain persons, according to 1 Macc. 2:65: "Behold . . . your brother Simon is a man of counsel." Therefore counsel should be numbered among the gratuitous graces rather than among the seven gifts of the Holy Ghost.

  Objection 3: Further, it is written (Rm. 8:14): "Whosoever are led by the Spirit of God, they are the sons of God." But counselling is not consistent with being led by another. Since then the gifts of the Holy Ghost are most befitting the children of God, who "have received the spirit of adoption of sons," it would seem that counsel should not be numbered among the gifts of the Holy Ghost.

  On the contrary, It is written (Is. 11:2): "(The Spirit of the Lord) shall rest upon him . . . the spirit of counsel, and of fortitude."

  I answer that, As stated above (FS, Question [68], Article [1]), the gifts of the Holy Ghost are dispositions whereby the soul is rendered amenable to the motion of the Holy Ghost. Now God moves everything according to the mode of the thing moved: thus He moves the corporeal creature through time and place, and the spiritual creature through time, but not through place, as Augustine declares (Gen. ad lit. viii, 20,22). Again, it is proper to the rational creature to be moved through the research of reason to perform any particular action, and this research is called counsel. Hence the Holy Ghost is said to move the rational creature by way of counsel, wherefore counsel is reckoned among the gifts of the Holy Ghost.

  Reply to Objection 1: Prudence or {euboulia} (deliberating well), whether acquired or infused, directs man in the research of counsel according to principles that the reason can grasp; hence prudence or {euboulia} (deliberating well) makes man take good counsel either for himself or for another. Since, however, human reason is unable to grasp the singular and contingent things which may occur, the result is that "the thoughts of mortal men are fearful, and our counsels uncertain" (Wis. 9:14). Hence in the research of counsel, man requires to be directed by God who comprehends all things: and this is done through the gift of counsel, whereby man is directed as though counseled by God, just as, in human affairs, those who are unable to take counsel for themselves, seek counsel from those who are wiser.

  Reply to Objection 2: That a man be of such good counsel as to counsel others, may be due to a gratuitous grace; but that a man be counselled by God as to what he ought to do in matters necessary for salvation is common to all holy persons.

  Reply to Objection 3: The children of God are moved by the Holy Ghost according to their mode, without prejudice to their free-will which is the "faculty of will and reason" [*Sent. iii, D, 24]. Accordingly the gift of counsel is befitting the children of God in so far as the reason is instructed by the Holy Ghost about what we have to do.

Article: 2 

Whether the gift of counsel corresponds to the virtue of prudence?

  Objection 1: It would seem that the gift of counsel does not fittingly correspond to the virtue of prudence. For "the highest point of that which is underneath touches that which is above," as Dionysius observes (Div. Nom. vii), even as a man comes into contact with the angel in respect of his intellect. Now cardinal virtues are inferior to the gifts, as stated above (FS, Question [68], Article [8]). Since, then, counsel is the first and lowest act of prudence, while command is its highest act, and judgment comes between, it seems that the gift corresponding to prudence is not counsel, but rather a gift of judgment or command.

  Objection 2: Further, one gift suffices to help one virtue, since the higher a thing is the more one it is, as proved in De Causis. Now prudence is helped by the gift of knowledge, which is not only speculative but also practical, as shown above (Question [9], Article [3]). Therefore the gift of counsel does not correspond to the virtue of prudence.

  Objection 3: Further, it belongs properly to prudence to direct, as stated above (Question [47], Article [8]). But it belongs to the gift of counsel that man should be directed by God, as stated above (Article [1]). Therefore the gift of counsel does not correspond to the virtue of prudence.

  On the contrary, The gift of counsel is about what has to be done for the sake of the end. Now prudence is about the same matter. Therefore they correspond to one another.

  I answer that, A lower principle of movement is helped chiefly, and is perfected through being moved by a higher principle of movement, as a body through being moved by a spirit. Now it is evident that the rectitude of human reason is compared to the Divine Reason, as a lower motive principle to a higher: for the Eternal Reason is the supreme rule of all human rectitude. Consequently prudence, which denotes rectitude of reason, is chiefly perfected and helped through being ruled and moved by the Holy Ghost, and this belongs to the gift of counsel, as stated above (Article [1]). Therefore the gift of counsel corresponds to prudence, as helping and perfecting it.

  Reply to Objection 1: To judge and command belongs not to the thing moved, but to the mover. Wherefore, since in the gifts of the Holy Ghost, the position of the human mind is of one moved rather than of a mover, as stated above (Article [1]; FS, Question [68], Article [1]), it follows that it would be unfitting to call the gift corresponding to prudence by the name of command or judgment rather than of counsel whereby it is possible to signify that the counselled mind is moved by another counselling it.

  Reply to Objection 2: The gift of knowledge does not directly correspond to prudence, since it deals with speculative matters: yet by a kind of extension it helps it. On the other hand the gift of counsel corresponds to prudence directly, because it is concerned about the same things.

  Reply to Objection 3: The mover that is moved, moves through being moved. Hence the human mind, from the very fact that it is directed by the Holy Ghost, is enabled to direct itself and others.

Article: 3 

Whether the gift of counsel remains in heaven?

  Objection 1: It would seem that the gift of counsel does not remain in heaven. For counsel is about what has to be done for the sake of an end. But in heaven nothing will have to be done for the sake of an end, since there man possesses the last end. Therefore the gift of counsel is not in heaven.

  Objection 2: Further, counsel implies doubt, for it is absurd to take counsel in matters that are evident, as the Philosopher observes (Ethic. iii, 3). Now all doubt will cease in heaven. Therefore there is no counsel in heaven.

  Objection 3: Further, the saints in heaven are most conformed to God, according to 1 Jn. 3:2, "When He shall appear, we shall be like to Him." But counsel is not becoming to God, according to Rm. 11:34, "Who hath been His counsellor?" Therefore neither to the saints in heaven is the gift of counsel becoming.

  On the contrary, Gregory says (Moral. xvii, 12): "When either the guilt or the righteousness of each nation is brought into the debate of the heavenly Court, the guardian of that nation is said to have won in the conflict, or not to have won."

  I answer that, As stated above (Article [2]; FS, Question [68], Article [1]), the gifts of the Holy Ghost are connected with the motion of the rational creature by God. Now we must observe two points concerning the motion of the human mind by God. First, that the disposition of that which is moved, differs while it is being moved from its disposition when it is in the term of movement. Indeed if the mover is the principle of the movement alone, when the movement ceases, the action of the mover ceases as regards the thing moved, since it has already reached the term of movement, even as a house, after it is built, ceases being built by the builder. On the other hand, when the mover is cause not only of the movement, but also of the form to which the movement tends, then the action of the mover does not cease even after the form has been attained: thus the sun lightens the air even after it is lightened. In this way, then, God causes in us virtue and knowledge, not only when we first acquire them, but also as long as we persevere in them: and it is thus that God causes in the blessed a knowledge of what is to be done, not as though they were ignorant, but by continuing that knowledge in them.

   Nevertheless there are things which the blessed, whether angels or men, do not know: such things are not essential to blessedness, but concern the government of things according to Divine Providence. As regards these, we must make a further observation, namely, that God moves the mind of the blessed in one way, and the mind of the wayfarer, in another. For God moves the mind of the wayfarer in matters of action, by soothing the pre-existing anxiety of doubt; whereas there is simple nescience in the mind of the blessed as regards the things they do not know. From this nescience the angel's mind is cleansed, according to Dionysius (Coel. Hier. vii), nor does there precede in them any research of doubt, for they simply turn to God; and this is to take counsel of God, for as Augustine says (Gen. ad lit. v, 19) "the angels take counsel of God about things beneath them": wherefore the instruction which they receive from God in such matters is called "counsel."

   Accordingly the gift of counsel is in the blessed, in so far as God preserves in them the knowledge that they have, and enlightens them in their nescience of what has to be done.

  Reply to Objection 1: Even in the blessed there are acts directed to an end, or resulting, as it were, from their attainment of the end, such as the acts of praising God, or of helping on others to the end which they themselves have attained, for example the ministrations of the angels, and the prayers of the saints. In this respect the gift of counsel finds a place in them.

  Reply to Objection 2: Doubt belongs to counsel according to the present state of life, but not to that counsel which takes place in heaven. Even so neither have the theological virtues quite the same acts in heaven as on the way thither.

  Reply to Objection 3: Counsel is in God, not as receiving but as giving it: and the saints in heaven are conformed to God, as receivers to the source whence they receive.
 
Article: 4 

Whether the fifth beatitude, which is that of mercy, corresponds to the gift of counsel?

  Objection 1: It would seem that the fifth beatitude, which is that of mercy, does not correspond to the gift of counsel. For all the beatitudes are acts of virtue, as stated above (FS, Question [69], Article [1]). Now we are directed by counsel in all acts of virtue. Therefore the fifth beatitude does not correspond more than any other to counsel.

  Objection 2: Further, precepts are given about matters necessary for salvation, while counsel is given about matters which are not necessary for salvation. Now mercy is necessary for salvation, according to James 2:13, "Judgment without mercy to him that hath not done mercy." On the other hand poverty is not necessary for salvation, but belongs to the life of perfection, according to Mt. 19:21. Therefore the beatitude of poverty corresponds to the gift of counsel, rather than to the beatitude of mercy.

  Objection 3: Further, the fruits result from the beatitudes, for they denote a certain spiritual delight resulting from perfect acts of virtue. Now none of the fruits correspond to the gift of counsel, as appears from Gal. 5:22, 23. Therefore neither does the beatitude of mercy correspond to the gift of counsel.

  On the contrary, Augustine says (De Serm. Dom. iv): "Counsel is befitting the merciful, because the one remedy is to be delivered from evils so great, to pardon, and to give."

  I answer that, Counsel is properly about things useful for an end. Hence such things as are of most use for an end, should above all correspond to the gift of counsel. Now such is mercy, according to 1 Tim. 4:8, "Godliness [*'Pietas,' which our English word 'pity,' which is the same as mercy; see note on SS, Question [30], Article [1]] is profitable to all things." Therefore the beatitude of mercy specially corresponds to the gift of counsel, not as eliciting but as directing mercy.

  Reply to Objection 1: Although counsel directs in all the acts of virtue, it does so in a special way in works of mercy, for the reason given above.

  Reply to Objection 2: Counsel considered as a gift of the Holy Ghost guides us in all matters that are directed to the end of eternal life whether they be necessary for salvation or not, and yet not every work of mercy is necessary for salvation.

  Reply to Objection 3: Fruit denotes something ultimate. Now the ultimate in practical matters consists not in knowledge but in an action which is the end. Hence nothing pertaining to practical knowledge is numbered among the fruits, but only such things as pertain to action, in which practical knowledge is the guide. Among these we find "goodness" and "benignity" which correspond to mercy.

Question: 53 OF IMPRUDENCE (SIX ARTICLES)

   We must now consider the vices opposed to prudence. For Augustine says (Contra Julian. iv, 3): "There are vices opposed to every virtue, not only vices that are in manifest opposition to virtue, as temerity is opposed to prudence, but also vices which have a kind of kinship and not a true but a spurious likeness to virtue; thus in opposition to prudence we have craftiness."

   Accordingly we must consider first of all those vices which are in evident opposition to prudence, those namely which are due to a defect either of prudence or of those things which are requisite for prudence, and secondly those vices which have a false resemblance to prudence, those namely which are due to abuse of the things required for prudence. And since solicitude pertains to prudence, the first of these considerations will be twofold: (1) Of imprudence; (2) Of negligence which is opposed to solicitude.

   Under the first head there are six points of inquiry:

    (1) Concerning imprudence, whether it is a sin?

    (2) Whether it is a special sin?

    (3) Of precipitation or temerity;

    (4) Of thoughtlessness;

    (5) Of inconstancy;

    (6) Concerning the origin of these vices.
 
Article: 1  

Whether imprudence is a sin?

  Objection 1: It would seem that imprudence is not a sin. For every sin is voluntary, according to Augustine [*De Vera Relig. xiv]; whereas imprudence is not voluntary, since no man wishes to be imprudent. Therefore imprudence is not a sin.

  Objection 2: Further, none but original sin comes to man with his birth. But imprudence comes to man with his birth, wherefore the young are imprudent; and yet it is not original sin which is opposed to original justice. Therefore imprudence is not a sin.

  Objection 3: Further, every sin is taken away by repentance. But imprudence is not taken away by repentance. Therefore imprudence is not a sin.

  On the contrary, The spiritual treasure of grace is not taken away save by sin. But it is taken away by imprudence, according to Prov. 21:20, "There is a treasure to be desired, and oil in the dwelling of the just, and the imprudent [Douay: 'foolish'] man shall spend it." Therefore imprudence is a sin.

  I answer that, Imprudence may be taken in two ways, first, as a privation, secondly, as a contrary. Properly speaking it is not taken as a negation, so as merely to signify the absence of prudence, for this can be without any sin. Taken as a privation, imprudence denotes lack of that prudence which a man can and ought to have, and in this sense imprudence is a sin by reason of a man's negligence in striving to have prudence.

   Imprudence is taken as a contrary, in so far as the movement or act of reason is in opposition to prudence: for instance, whereas the right reason of prudence acts by taking counsel, the imprudent man despises counsel, and the same applies to the other conditions which require consideration in the act of prudence. In this way imprudence is a sin in respect of prudence considered under its proper aspect, since it is not possible for a man to act against prudence, except by infringing the rules on which the right reason of prudence depends. Wherefore, if this should happen through aversion from the Divine Law, it will be a mortal sin, as when a man acts precipitately through contempt and rejection of the Divine teaching: whereas if he act beside the Law and without contempt, and without detriment to things necessary for salvation, it will be a venial sin.

  Reply to Objection 1: No man desires the deformity of imprudence, but the rash man wills the act of imprudence, because he wishes to act precipitately. Hence the Philosopher says (Ethic. vi, 5) that "he who sins willingly against prudence is less to be commended."

  Reply to Objection 2: This argument takes imprudence in the negative sense. It must be observed however that lack of prudence or of any other virtue is included in the lack of original justice which perfected the entire soul. Accordingly all such lack of virtue may be ascribed to original sin.

  Reply to Objection 3: Repentance restores infused prudence, and thus the lack of this prudence ceases; but acquired prudence is not restored as to the habit, although the contrary act is taken away, wherein properly speaking the sin of imprudence consists.

Article: 2  

Whether imprudence is a special sin?

  Objection 1: It would seem that imprudence is not a special sin. For whoever sins, acts against right reason, i.e. against prudence. But imprudence consists in acting against prudence, as stated above (Article [1]). Therefore imprudence is not a special sin.

  Objection 2: Further, prudence is more akin to moral action than knowledge is. But ignorance which is opposed to knowledge, is reckoned one of the general causes of sin. Much more therefore should imprudence be reckoned among those causes.

  Objection 3: Further, sin consists in the corruption of the circumstances of virtue, wherefore Dionysius says (Div. Nom. iv) that "evil results from each single defect." Now many things are requisite for prudence; for instance, reason, intelligence docility, and so on, as stated above (Questions [48],49). Therefore there are many species of imprudence, so that it is not a special sin.

  On the contrary, Imprudence is opposed to prudence, as stated above (Article [1]). Now prudence is a special virtue. Therefore imprudence too is one special vice.

  I answer that, A vice or sin may be styled general in two ways; first, absolutely, because, to wit, it is general in respect of all sins; secondly, because it is general in respect of certain vices, which are its species. In the first way, a vice may be said to be general on two counts: first, essentially, because it is predicated of all sins: and in this way imprudence is not a general sin, as neither is prudence a general virtue: since it is concerned with special acts, namely the very acts of reason: secondly, by participation; and in this way imprudence is a general sin: for, just as all the virtues have a share of prudence, in so far as it directs them, so have all vices and sins a share of imprudence, because no sin can occur, without some defect in an act of the directing reason, which defect belongs to imprudence.

   If, on the other hand, a sin be called general, not simply but in some particular genus, that is, as containing several species of sin, then imprudence is a general sin. For it contains various species in three ways. First, by opposition to the various subjective parts of prudence, for just as we distinguish the prudence that guides the individual, from other kinds that govern communities, as stated above (Question [48]; Question [50], Article [7]), so also we distinguish various kinds of imprudence. Secondly, in respect of the quasi-potential parts of prudence, which are virtues connected with it, and correspond to the several acts of reason. Thus, by defect of "counsel" to which {euboulia} (deliberating well) corresponds, "precipitation" or "temerity" is a species of imprudence; by defect of "judgment," to which {synesis} (judging well according to common law) and {gnome} (judging well according to general law) refer, there is "thoughtlessness"; while "inconstancy" and "negligence" correspond to the "command" which is the proper act of prudence. Thirdly, this may be taken by opposition to those things which are requisite for prudence, which are the quasi-integral parts of prudence. Since however all these things are intended for the direction of the aforesaid three acts of reason, it follows that all the opposite defects are reducible to the four parts mentioned above. Thus incautiousness and incircumspection are included in "thoughtlessness"; lack of docility, memory, or reason is referable to "precipitation"; improvidence, lack of intelligence and of shrewdness, belong to "negligence" and "inconstancy."

  Reply to Objection 1: This argument considers generality by participation.

  Reply to Objection 2: Since knowledge is further removed from morality than prudence is, according to their respective proper natures, it follows that ignorance has the nature of mortal sin, not of itself, but on account either of a preceding negligence, or of the consequent result, and for this reason it is reckoned one of the general causes of sin. On the other hand imprudence, by its very nature, denotes a moral vice; and for this reason it can be called a special sin.

  Reply to Objection 3: When various circumstances are corrupted for the same motive, the species of sin is not multiplied: thus it is the same species of sin to take what is not one's own, where one ought not, and when one ought not. If, however, there be various motives, there are various species: for instance, if one man were to take another's property from where he ought not, so as to wrong a sacred place, this would constitute the species called sacrilege, while if another were to take another's property when he ought not, merely through the lust of possession, this would be a case of simple avarice. Hence the lack of those things which are requisite for prudence, does not constitute a diversity of species, except in so far as they are directed to different acts of reason, as stated above.

Article: 3 

Whether precipitation is a sin included in imprudence?

  Objection 1: It would seem that precipitation is not a sin included in imprudence. Imprudence is opposed to the virtue of prudence; whereas precipitation is opposed to the gift of counsel, according to Gregory, who says (Moral. ii, 49) that the gift of "counsel is given as a remedy to precipitation." Therefore precipitation is not a sin contained under imprudence.

  Objection 2: Further, precipitation seemingly pertains to rashness. Now rashness implies presumption, which pertains to pride. Therefore precipitation is not a vice contained under imprudence.

  Objection 3: Further, precipitation seems to denote inordinate haste. Now sin happens in counselling not only through being over hasty but also through being over slow, so that the opportunity for action passes by, and through corruption of other circumstances, as stated in Ethic. vi, 9. Therefore there is no reason for reckoning precipitation as a sin contained under imprudence, rather than slowness, or something else of the kind pertaining to inordinate counsel.

  On the contrary, It is written (Prov. 4:19): "The way of the wicked is darksome, they know not where they fall." Now the darksome ways of ungodliness belong to imprudence. Therefore imprudence leads a man to fall or to be precipitate.

  I answer that, Precipitation is ascribed metaphorically to acts of the soul, by way of similitude to bodily movement. Now a thing is said to be precipitated as regards bodily movement, when it is brought down from above by the impulse either of its own movement or of another's, and not in orderly fashion by degrees. Now the summit of the soul is the reason, and the base is reached in the action performed by the body; while the steps that intervene by which one ought to descend in orderly fashion are "memory" of the past, "intelligence" of the present, "shrewdness" in considering the future outcome, "reasoning" which compares one thing with another, "docility" in accepting the opinions of others. He that takes counsel descends by these steps in due order, whereas if a man is rushed into action by the impulse of his will or of a passion, without taking these steps, it will be a case of precipitation. Since then inordinate counsel pertains to imprudence, it is evident that the vice of precipitation is contained under imprudence.

  Reply to Objection 1: Rectitude of counsel belongs to the gift of counsel and to the virtue of prudence; albeit in different ways, as stated above (Question [52], Article [2]), and consequently precipitation is opposed to both.

  Reply to Objection 2: Things are said to be done rashly when they are not directed by reason: and this may happen in two ways; first through the impulse of the will or of a passion, secondly through contempt of the directing rule; and this is what is meant by rashness properly speaking, wherefore it appears to proceed from that root of pride, which refuses to submit to another's ruling. But precipitation refers to both, so that rashness is contained under precipitation, although precipitation refers rather to the first.

  Reply to Objection 3: Many things have to be considered in the research of reason; hence the Philosopher declares (Ethic. vi, 9) that "one should be slow in taking counsel." Hence precipitation is more directly opposed to rectitude of counsel than over slowness is, for the latter bears a certain likeness to right counsel.

Article: 4  

Whether thoughtlessness is a special sin included in prudence?

  Objection 1: It would seem that thoughtlessness is not a special sin included in imprudence. For the Divine law does not incite us to any sin, according to Ps. 18:8, "The law of the Lord is unspotted"; and yet it incites us to be thoughtless, according to Mt. 10:19, "Take no thought how or what to speak." Therefore thoughtlessness is not a sin.

  Objection 2: Further, whoever takes counsel must needs give thought to many things. Now precipitation is due to a defect of counsel and therefore to a defect of thought. Therefore precipitation is contained under thoughtlessness: and consequently thoughtlessness is not a special sin.

  Objection 3: Further, prudence consists in acts of the practical reason, viz. "counsel," "judgment" about what has been counselled, and "command" [*Cf. Question [47], Article [8]]. Now thought precedes all these acts, since it belongs also to the speculative intellect. Therefore thoughtlessness is not a special sin contained under imprudence.

  On the contrary, It is written (Prov. 4:25): "Let thy eyes look straight on, and let thine eye-lids go before thy steps." Now this pertains to prudence, while the contrary pertains to thoughtlessness. Therefore thoughtlessness is a special sin contained under imprudence.

  I answer that, Thought signifies the act of the intellect in considering the truth about. something. Now just as research belongs to the reason, so judgment belongs to the intellect. Wherefore in speculative matters a demonstrative science is said to exercise judgment, in so far as it judges the truth of the results of research by tracing those results back to the first indemonstrable principles. Hence thought pertains chiefly to judgment; and consequently the lack of right judgment belongs to the vice of thoughtlessness, in so far, to wit, as one fails to judge rightly through contempt or neglect of those things on which a right judgment depends. It is therefore evident that thoughtlessness is a sin.

  Reply to Objection 1: Our Lord did not forbid us to take thought, when we have the opportunity, about what we ought to do or say, but, in the words quoted, He encourages His disciples, so that when they had no opportunity of taking thought, either through lack of knowledge or through a sudden call, they should trust in the guidance of God alone, because "as we know not what to do, we can only turn our eyes to God," according to 2 Paral 20:12: else if man, instead of doing what he can, were to be content with awaiting God's assistance, he would seem to tempt God.

  Reply to Objection 2: All thought about those things of which counsel takes cognizance, is directed to the formation of a right judgment, wherefore this thought is perfected in judgment. Consequently thoughtlessness is above all opposed to the rectitude of judgment.

  Reply to Objection 3: Thoughtlessness is to be taken here in relation to a determinate matter, namely, that of human action, wherein more things have to be thought about for the purpose of right judgment, than in speculative matters, because actions are about singulars.
 
Article: 5 

Whether inconstancy is a vice contained under prudence?

  Objection 1: It would seem that inconstancy is not a vice contained under imprudence. For inconstancy consists seemingly in a lack of perseverance in matters of difficulty. But perseverance in difficult matters belongs to fortitude. Therefore inconstancy is opposed to fortitude rather than to prudence.

  Objection 2: Further, it is written (James 3:16): "Where jealousy [Douay: 'envy'] and contention are, there are inconstancy and every evil work." But jealousy pertains to envy. Therefore inconstancy pertains not to imprudence but to envy.

  Objection 3: Further, a man would seem to be inconstant who fails to persevere in what he has proposed to do. Now this is a mark of "incontinency" in pleasurable matters, and of "effeminacy" or "squeamishness" in unpleasant matters, according to Ethic. vii, 1. Therefore inconstancy does not pertain to imprudence.

  On the contrary, It belongs to prudence to prefer the greater good to the lesser. Therefore to forsake the greater good belongs to imprudence. Now this is inconstancy. Therefore inconstancy belongs to imprudence.

  I answer that, Inconstancy denotes withdrawal from a definite good purpose. Now the origin of this withdrawal is in the appetite, for a man does not withdraw from a previous good purpose, except on account of something being inordinately pleasing to him: nor is this withdrawal completed except through a defect of reason, which is deceived in rejecting what before it had rightly accepted. And since it can resist the impulse of the passions, if it fail to do this, it is due to its own weakness in not standing to the good purpose it has conceived; hence inconstancy, as to its completion, is due to a defect in the reason. Now just as all rectitude of the practical reason belongs in some degree to prudence, so all lack of that rectitude belongs to imprudence. Consequently inconstancy, as to its completion, belongs to imprudence. And just as precipitation is due to a defect in the act of counsel, and thoughtlessness to a defect in the act of judgment, so inconstancy arises from a defect in the act of command. For a man is stated to be inconstant because his reason fails in commanding what has been counselled and judged.

  Reply to Objection 1: The good of prudence is shared by all the moral virtues, and accordingly perseverance in good belongs to all moral virtues, chiefly, however, to fortitude, which suffers a greater impulse to the contrary.

  Reply to Objection 2: Envy and anger, which are the source of contention, cause inconstancy on the part of the appetite, to which power the origin of inconstancy is due, as stated above.

  Reply to Objection 3: Continency and perseverance seem to be not in the appetitive power, but in the reason. For the continent man suffers evil concupiscences, and the persevering man suffers grievous sorrows (which points to a defect in the appetitive power); but reason stands firm, in the continent man, against concupiscence, and in the persevering man, against sorrow. Hence continency and perseverance seem to be species of constancy which pertains to reason; and to this power inconstancy pertains also.

Article: 6 

Whether the aforesaid vices arise from lust?

  Objection 1: It would seem that the aforesaid vices do not arise from lust. For inconstancy arises from envy, as stated above (Article [5], ad 2). But envy is a distinct vice from lust.

  Objection 2: Further, it is written (James 1:8): "A double-minded man is inconstant in all his ways." Now duplicity does not seem to pertain to lust, but rather to deceitfulness, which is a daughter of covetousness, according to Gregory (Moral. xxxi, 45). Therefore the aforesaid vices do not arise from lust.

  Objection 3: Further, the aforesaid vices are connected with some defect of reason. Now spiritual vices are more akin to the reason than carnal vices. Therefore the aforesaid vices arise from spiritual vices rather than from carnal vices.

  On the contrary, Gregory declares (Moral. xxxi, 45) that the aforesaid vices arise from lust.

  I answer that, As the Philosopher states (Ethic. vi, 5) "pleasure above all corrupts the estimate of prudence," and chiefly sexual pleasure which absorbs the mind, and draws it to sensible delight. Now the perfection of prudence and of every intellectual virtue consists in abstraction from sensible objects. Wherefore, since the aforesaid vices involve a defect of prudence and of the practical reason, as stated above (Articles [2],5), it follows that they arise chiefly from lust.

  Reply to Objection 1: Envy and anger cause inconstancy by drawing away the reason to something else; whereas lust causes inconstancy by destroying the judgment of reason entirely. Hence the Philosopher says (Ethic. vii, 6) that "the man who is incontinent through anger listens to reason, yet not perfectly, whereas he who is incontinent through lust does not listen to it at all."

  Reply to Objection 2: Duplicity also is something resulting from lust, just as inconstancy is, if by duplicity we understand fluctuation of the mind from one thing to another. Hence Terence says (Eunuch. act 1, sc. 1) that "love leads to war, and likewise to peace and truce."

  Reply to Objection 3: Carnal vices destroy the judgment of reason so much the more as they lead us away from reason.

Question: 54 OF NEGLIGENCE (THREE ARTICLES)

   We must now consider negligence, under which head there are three points of inquiry:

    (1) Whether negligence is a special sin?

    (2) To which virtue is it opposed?

    (3) Whether negligence is a mortal sin?

Article: 1 

Whether negligence is a special sin?

  Objection 1: It would seem that negligence is not a special sin. For negligence is opposed to diligence. But diligence is required in every virtue. Therefore negligence is not a special sin.

  Objection 2: Further, that which is common to every sin is not a special sin. Now negligence is common to every sin, because he who sins neglects that which withdraws him from sin, and he who perseveres in sin neglects to be contrite for his sin. Therefore negligence is not a special sin.

  Objection 3: Further, every special sin had a determinate matter. But negligence seems to have no determinate matter: since it is neither about evil or indifferent things (for no man is accused of negligence if he omit them), nor about good things, for if these be done negligently, they are no longer good. Therefore it seems that negligence is not a special vice.

  On the contrary, Sins committed through negligence, are distinguished from those which are committed through contempt.

  I answer that, Negligence denotes lack of due solicitude. Now every lack of a due act is sinful: wherefore it is evident that negligence is a sin, and that it must needs have the character of a special sin according as solicitude is the act of a special virtue. For certain sins are special through being about a special matter, as lust is about sexual matters, while some vices are special on account of their having a special kind of act which extends to all kinds of matter, and such are all vices affecting an act of reason, since every act of reason extends to any kind of moral matter. Since then solicitude is a special act of reason, as stated above (Question [47], Article [9]), it follows that negligence, which denotes lack of solicitude, is a special sin.

  Reply to Objection 1: Diligence seems to be the same as solicitude, because the more we love [diligimus] a thing the more solicitous are we about it. Hence diligence, no less than solicitude, is required for every virtue, in so far as due acts of reason are requisite for every virtue.

  Reply to Objection 2: In every sin there must needs be a defect affecting an act of reason, for instance a defect in counsel or the like. Hence just as precipitation is a special sin on account of a special act of reason which is omitted, namely counsel, although it may be found in any kind of sin; so negligence is a special sin on account of the lack of a special act of reason, namely solicitude, although it is found more or less in all sins.

  Reply to Objection 3: Properly speaking the matter of negligence is a good that one ought to do, not that it is a good when it is done negligently, but because on account of negligence it incurs a lack of goodness, whether a due act be entirely omitted through lack of solicitude, or some due circumstance be omitted.

Article: 2  

Whether negligence is opposed to prudence?

  Objection 1: It would seem that negligence is not opposed to prudence. For negligence seems to be the same as idleness or laziness, which belongs to sloth, according to Gregory (Moral. xxxi, 45). Now sloth is not opposed to prudence, but to charity, as stated above (Question [35], Article [3]). Therefore negligence is not opposed to prudence.

  Objection 2: Further, every sin of omission seems to be due to negligence. But sins of omission are not opposed to prudence, but to the executive moral virtues. Therefore negligence is not opposed to prudence.

  Objection 3: Further, imprudence relates to some act of reason. But negligence does not imply a defect of counsel, for that is "precipitation," nor a defect of judgment, since that is "thoughtlessness," nor a defect of command, because that is "inconstancy." Therefore negligence does not pertain to imprudence.

  Objection 4: Further, it is written (Eccles. 7:19): "He that feareth God, neglecteth nothing." But every sin is excluded by the opposite virtue. Therefore negligence is opposed to fear rather than to prudence.

  On the contrary, It is written (Ecclus. 20:7): "A babbler and a fool [imprudens] will regard no time." Now this is due to negligence. Therefore negligence is opposed to prudence.

  I answer that, Negligence is directly opposed to solicitude. Now solicitude pertains to the reason, and rectitude of solicitude to prudence. Hence, on the other hand, negligence pertains to imprudence. This appears from its very name, because, as Isidore observes (Etym. x) "a negligent man is one who fails to choose [nec eligens]": and the right choice of the means belongs to prudence. Therefore negligence pertains to imprudence.

  Reply to Objection 1: Negligence is a defect in the internal act, to which choice also belongs: whereas idleness and laziness denote slowness of execution, yet so that idleness denotes slowness in setting about the execution, while laziness denotes remissness in the execution itself. Hence it is becoming that laziness should arise from sloth, which is "an oppressive sorrow," i.e. hindering, the mind from action [*Cf. Question [35], Article [1]; FS, Question [35], Article [8]].

  Reply to Objection 2: Omission regards the external act, for it consists in failing to perform an act which is due. Hence it is opposed to justice, and is an effect of negligence, even as the execution of a just deed is the effect of right reason.

  Reply to Objection 3: Negligence regards the act of command, which solicitude also regards. Yet the negligent man fails in regard to this act otherwise than the inconstant man: for the inconstant man fails in commanding, being hindered as it were, by something, whereas the negligent man fails through lack of a prompt will.

  Reply to Objection 4: The fear of God helps us to avoid all sins, because according to Prov. 15:27, "by the fear of the Lord everyone declineth from evil." Hence fear makes us avoid negligence, yet not as though negligence were directly opposed to fear, but because fear incites man to acts of reason. Wherefore also it has been stated above (FS, Question [44], Article [2]) when we were treating of the passions, that "fear makes us take counsel."
 
Article: 3  

Whether negligence can be a mortal sin?

  Objection 1: It would seem that negligence cannot be a mortal sin. For a gloss of Gregory [*Moral. ix. 34] on Job 9:28, "I feared all my works," etc. says that "too little love of God aggravates the former," viz. negligence. But wherever there is mortal sin, the love of God is done away with altogether. Therefore negligence is not a mortal sin.

  Objection 2: Further, a gloss on Ecclus. 7:34, "For thy negligences purify thyself with a few," says: "Though the offering be small it cleanses the negligences of many sins." Now this would not be, if negligence were a mortal sin. Therefore negligence is not a mortal sin.

  Objection 3: Further, under the law certain sacrifices were prescribed for mortal sins, as appears from the book of Leviticus. Yet no sacrifice was prescribed for negligence. Therefore negligence is not a mortal sin.

  On the contrary, It is written (Prov. 19:16): "He that neglecteth his own life [Vulg.: 'way'] shall die."

  I answer that, As stated above (Article [2], ad 3), negligence arises out of a certain remissness of the will, the result being a lack of solicitude on the part of the reason in commanding what it should command, or as it should command. Accordingly negligence may happen to be a mortal sin in two ways. First on the part of that which is omitted through negligence. If this be either an act or a circumstance necessary for salvation, it will be a mortal sin. Secondly on the part of the cause: for if the will be so remiss about Divine things, as to fall away altogether from the charity of God, such negligence is a mortal sin, and this is the case chiefly when negligence is due to contempt.

   But if negligence consists in the omission of an act or circumstance that is not necessary for salvation, it is not a mortal but a venial sin, provided the negligence arise, not from contempt, but from some lack of fervor, to which venial sin is an occasional obstacle.

  Reply to Objection 1: Man may be said to love God less in two ways. First through lack of the fervor of charity, and this causes the negligence that is a venial sin: secondly through lack of charity itself, in which sense we say that a man loves God less when he loves Him with a merely natural love; and this causes the negligence that is a mortal sin.

  Reply to Objection 2: According to the same authority (gloss), a small offering made with a humble mind and out of pure love, cleanses man not only from venial but also from mortal sin.

  Reply to Objection 3: When negligence consists in the omission of that which is necessary for salvation, it is drawn to the other more manifest genus of sin. Because those sins that consist of inward actions, are more hidden, wherefore no special sacrifices were prescribed for them in the Law, since the offering of sacrifices was a kind of public confession of sin, whereas hidden sins should not be confessed in public.

Question: 55 OF VICES OPPOSED TO PRUDENCE BY WAY OF RESEMBLANCE (EIGHT ARTICLES)

   We must now consider those vices opposed to prudence, which have a resemblance thereto. Under this head there are eight points of inquiry:

    (1) Whether prudence of the flesh is a sin?

    (2) Whether it is a mortal sin?

    (3) Whether craftiness is a special sin?

    (4) Of guile;

    (5) Of fraud;

    (6) Of solicitude about temporal things;

    (7) Of solicitude about the future;

    (8) Of the origin of these vices.

Article: 1  

Whether prudence of the flesh is a sin?

  Objection 1: It would seem that prudence of the flesh is not a sin. For prudence is more excellent than the other moral virtues, since it governs them all. But no justice or temperance is sinful. Neither therefore is any prudence a sin.

  Objection 2: Further, it is not a sin to act prudently for an end which it is lawful to love. But it is lawful to love the flesh, "for no man ever hated his own flesh" (Eph. 5:29). Therefore prudence of the flesh is not a sin.

  Objection 3: Further, just as man is tempted by the flesh, so too is he tempted by the world and the devil. But no prudence of the world, or of the devil is accounted a sin. Therefore neither should any prudence of the flesh be accounted among sins.

  On the contrary, No man is an enemy to God save for wickedness according to Wis. 14:9, "To God the wicked and his wickedness are hateful alike." Now it is written (Rm. 8:7): "The prudence [Vulg.: 'wisdom'] of the flesh is an enemy to God." Therefore prudence of the flesh is a sin.

  I answer that, As stated above (Question [47], Article [13]), prudence regards things which are directed to the end of life as a whole. Hence prudence of the flesh signifies properly the prudence of a man who looks upon carnal goods as the last end of his life. Now it is evident that this is a sin, because it involves a disorder in man with respect to his last end, which does not consist in the goods of the body, as stated above (FS, Question [2], Article [5]). Therefore prudence of the flesh is a sin.

  Reply to Objection 1: Justice and temperance include in their very nature that which ranks them among the virtues, viz. equality and the curbing of concupiscence; hence they are never taken in a bad sense. On the other hand prudence is so called from foreseeing [providendo], as stated above (Question [47], Article [1]; Question [49], Article [6]), which can extend to evil things also. Therefore, although prudence is taken simply in a good sense, yet, if something be added, it may be taken in a bad sense: and it is thus that prudence of the flesh is said to be a sin.

  Reply to Objection 2: The flesh is on account of the soul, as matter is on account of the form, and the instrument on account of the principal agent. Hence the flesh is loved lawfully, if it be directed to the good of the soul as its end. If, however, a man place his last end in a good of the flesh, his love will be inordinate and unlawful, and it is thus that the prudence of the flesh is directed to the love of the flesh.

  Reply to Objection 3: The devil tempts us, not through the good of the appetible object, but by way of suggestion. Wherefore, since prudence implies direction to some appetible end, we do not speak of "prudence of the devil," as of a prudence directed to some evil end, which is the aspect under which the world and the flesh tempt us, in so far as worldly or carnal goods are proposed to our appetite. Hence we speak of "carnal" and again of "worldly" prudence, according to Lk. 16:8, "The children of this world are more prudent [Douay: 'wiser'] in their generation," etc. The Apostle includes all in the "prudence of the flesh," because we covet the external things of the world on account of the flesh.

   We may also reply that since prudence is in a certain sense called "wisdom," as stated above (Question [47], Article [2], ad 1), we may distinguish a threefold prudence corresponding to the three kinds of temptation. Hence it is written (James 3:15) that there is a wisdom which is "earthly, sensual and devilish," as explained above (Question [45], Article [1], ad 1), when we were treating of wisdom.

Article: 2

Whether prudence of the flesh is a mortal sin?

  Objection 1: It would seem that prudence of the flesh is a mortal sin. For it is a mortal sin to rebel against the Divine law, since this implies contempt of God. Now "the prudence [Douay: 'wisdom'] of the flesh . . . is not subject to the law of God" (Rm. 8:7). Therefore prudence of the flesh is a mortal sin.

  Objection 2: Further, every sin against the Holy Ghost is a mortal sin. Now prudence of the flesh seems to be a sin against the Holy Ghost, for "it cannot be subject to the law of God" (Rm. 8:7), and so it seems to be an unpardonable sin, which is proper to the sin against the Holy Ghost. Therefore prudence of the flesh is a mortal sin.

  Objection 3: Further, the greatest evil is opposed to the greatest good, as stated in Ethic. viii, 10. Now prudence of the flesh is opposed to that prudence which is the chief of the moral virtues. Therefore prudence of the flesh is chief among mortal sins, so that it is itself a mortal sin.

  On the contrary, That which diminishes a sin has not of itself the nature of a mortal sin. Now the thoughtful quest of things pertaining to the care of the flesh, which seems to pertain to carnal prudence, diminishes sin [*Cf. Prov. 6:30]. Therefore prudence of the flesh has not of itself the nature of a mortal sin.

  I answer that, As stated above (Question [47], Article [2], ad 1; Article [13]), a man is said to be prudent in two ways. First, simply, i.e. in relation to the end of life as a whole. Secondly, relatively, i.e. in relation to some particular end; thus a man is said to be prudent in business or something else of the kind. Accordingly if prudence of the flesh be taken as corresponding to prudence in its absolute signification, so that a man place the last end of his whole life in the care of the flesh, it is a mortal sin, because he turns away from God by so doing, since he cannot have several last ends, as stated above (FS, Question [1], Article [5]).

   If, on the other hand, prudence of the flesh be taken as corresponding to particular prudence, it is a venial sin. For it happens sometimes that a man has an inordinate affection for some pleasure of the flesh, without turning away from God by a mortal sin; in which case he does not place the end of his whole life in carnal pleasure. To apply oneself to obtain this pleasure is a venial sin and pertains to prudence of the flesh. But if a man actually refers the care of the flesh to a good end, as when one is careful about one's food in order to sustain one's body, this is no longer prudence of the flesh, because then one uses the care of the flesh as a means to an end.

  Reply to Objection 1: The Apostle is speaking of that carnal prudence whereby a man places the end of his whole life in the goods of the flesh, and this is a mortal sin.

  Reply to Objection 2: Prudence of the flesh does not imply a sin against the Holy Ghost. For when it is stated that "it cannot be subject to the law of God," this does not mean that he who has prudence of the flesh, cannot be converted and submit to the law of God, but that carnal prudence itself cannot be subject to God's law, even as neither can injustice be just, nor heat cold, although that which is hot may become cold.

  Reply to Objection 3: Every sin is opposed to prudence, just as prudence is shared by every virtue. But it does not follow that every sin opposed to prudence is most grave, but only when it is opposed to prudence in some very grave matter.

Article: 3 

Whether craftiness is a special sin?

  Objection 1: It would seem that craftiness is not a special sin. For the words of Holy Writ do not induce anyone to sin; and yet they induce us to be crafty, according to Prov. 1:4, "To give craftiness [Douay: 'subtlety'] to little ones." Therefore craftiness is not a sin.

  Objection 2: Further, it is written (Prov. 13:16): "The crafty [Douay: 'prudent'] man doth all things with counsel." Therefore, he does so either for a good or for an evil end. If for a good end, there is no sin seemingly, and if for an evil end, it would seem to pertain to carnal or worldly prudence. Therefore craftiness is not a special sin distinct from prudence of the flesh.

  Objection 3: Further, Gregory expounding the words of Job 12, "The simplicity of the just man is laughed to scorn," says (Moral. x, 29): "The wisdom of this world is to hide one's thoughts by artifice, to conceal one's meaning by words, to represent error as truth, to make out the truth to be false," and further on he adds: "This prudence is acquired by the young, it is learnt at a price by children." Now the above things seem to belong to craftiness. Therefore craftiness is not distinct from carnal or worldly prudence, and consequently it seems not to be a special sin.

  On the contrary, The Apostle says (2 Cor. 4:2): "We renounce the hidden things of dishonesty, not walking in craftiness, nor adulterating the word of God." Therefore craftiness is a sin.

  I answer that, Prudence is "right reason applied to action," just as science is "right reason applied to knowledge." In speculative matters one may sin against rectitude of knowledge in two ways: in one way when the reason is led to a false conclusion that appears to be true; in another way when the reason proceeds from false premises, that appear to be true, either to a true or to a false conclusion. Even so a sin may be against prudence, through having some resemblance thereto, in two ways. First, when the purpose of the reason is directed to an end which is good not in truth but in appearance, and this pertains to prudence of the flesh; secondly, when, in order to obtain a certain end, whether good or evil, a man uses means that are not true but fictitious and counterfeit, and this belongs to the sin of craftiness. This is consequently a sin opposed to prudence, and distinct from prudence of the flesh.

  Reply to Objection 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 in Ethic. vi, 12.

  Reply to Objection 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 to Objection 3: Under "worldly prudence" Gregory included everything that can pertain to false prudence, so that it comprises craftiness also.

Article: 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.

  Objection 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.

  Objection 3: Further, it is written (Prov. 12:20): "Guile [Douay: 'Deceit'] is in the heart of them that think evil things." But the thought 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 (Article [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 to Objection 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 to Objection 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 to Objection 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.
 
Article: 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.

  Objection 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.

  Objection 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 as "guile" consists in the execution of craftiness, so also does "fraud." But they seem to differ in the fact that "guile" belongs in general to the execution of craftiness, whether this be effected by words, or by deeds, whereas "fraud" belongs more properly to the execution of craftiness by deeds.

  Reply to Objection 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 to Objection 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 to Objection 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."
 
Article: 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 Rm. 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.

  Objection 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.

  Objection 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 (Mt. 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 (Mt. 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 (Mt. 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 to Objection 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 to Objection 2: The solicitude of a man who gains his bread by bodily labor is not superfluous but proportionate; hence Jerome says on Mt. 6:31, "Be not solicitous," that "labor is necessary, but solicitude must be banished," namely superfluous solicitude which unsettles the mind.

  Reply to Objection 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.

Article: 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.

  Objection 2: Further, solicitude pertains to prudence. But prudence is chiefly about the future, since its principal part is "foresight of future things," as stated above (Question [49], Article [6], ad 1). Therefore it is virtuous to be solicitous about the future.

  Objection 3: Further, whoever puts something by that he may keep it for the morrow, is solicitous about the future. Now we read (Jn. 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 (Mt. 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 to Objection 1: The ant is solicitous at a befitting time, and it is this that is proposed for our example.

  Reply to Objection 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 to Objection 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."
 
Article: 8 

Whether these vices arise from covetousness?

  Objection 1: It would seem that these vices do not arise from covetousness. As stated above (Question [43], Article [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."

  Objection 2: Further, these vices bear a certain resemblance to prudence, as stated above (Question [47], Article [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.

  Objection 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 (Article [3]; Question [47], Article [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 to Objection 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 to Objection 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 to Objection 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].

Question: 56 OF THE PRECEPTS RELATING TO PRUDENCE (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.

Article: 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.

  Objection 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 (Mt. 10:16): "Be ye . . . prudent [Douay: 'wise'] as serpents." Therefore the precepts of the decalogue should have included a precept of prudence.

  Objection 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 (FS, Question [100], Article [3]; Article [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 (Question [47], Article [6]). Now prudence is not about the end, but about the means, as stated above (Question [47], Article [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 to Objection 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 (Question [44], Article [1]; FS, Question [99], Articles [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 to Objection 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 to Objection 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.
 ]
Article: 2  

Whether the prohibitive precepts relating to the vices opposed to prudence 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 (Dt. 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.

  Objection 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.

  Objection 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 (Article [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 (Question [58], Article [2]). Now craftiness, as to its execution, is committed chiefly in matters of justice, as stated above (Question [55], Article [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 to Objection 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 to Objection 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 to Objection 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.

ON JUSTICE (Questions [57]-62)

Question: 57 OF RIGHT (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?

Article: 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.

  Objection 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.

  Objection 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 "'fas' is the Divine law, and 'jus,' 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 the "just" is 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 as "right." Hence it is evident that right is the object of justice.

  Reply to Objection 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 word "jus" [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 appear "in 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 the jus even if his sentence be unjust.

  Reply to Objection 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 to Objection 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 called "jus" but "fas," 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.
 
Article: 2  

Whether right is fittingly divided into natural right and positive right?

  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.

  Objection 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.

  Objection 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 (Article [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 to Objection 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 to Objection 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 (Is. 10:1): "Woe to them that make wicked laws."

  Reply to Objection 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.
 
Article: 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.

  Objection 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.

  Objection 3: Further, right as stated above (Article [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 (Article [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 its 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 to Objection 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 to Objection 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
 
Article: 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 (Article [1]). Therefore right belongs to each one equally; and we ought not to distinguish the rights of fathers and masters as distinct species.

  Objection 2: Further, the law is an expression of what is just, as stated above (Article [1], ad 2). Now a law looks to the common good of a city or kingdom, as stated above (FS, Question [90], Article [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.

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

Question: 58 OF JUSTICE (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?
 
Article: 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.

  Objection 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.

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

  Objection 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."

  Objection 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.

  Objection 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 (Article [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 to Objection 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 to Objection 2: Justice is the same as rectitude, not essentially but causally; for it is a habit which rectifies the deed and the will.

  Reply to Objection 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 to Objection 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 to Objection 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 to Objection 6: Just as love of God includes love of our neighbor, as stated above (Question [25], Article [1]), so too the service of God includes rendering to each one his due.
 
Article: 2  

Whether justice is always towards one another?

  Objection 1: It would seem that justice is not always towards another. For the Apostle says (Rm. 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.

  Objection 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 Gn. 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.

  Objection 3: Further, the justice of God is eternal. But nothing else is co-eternal with God. Therefore justice is not essentially towards another.

  Objection 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 (Question [57], Article [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 (Question [57], Article [1]; FS, Question [113], Article [1]) this otherness which justice demands must needs be between beings capable of action. Now actions belong to supposits [*Cf. FP, Question [29], Article [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 to Objection 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 (FS, Question [113], Article [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 to Objection 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 to Objection 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.
 
Article: 3 

Whether justice is a virtue?

  Objection 1: It would seem that justice is not a virtue. For it is written (Lk. 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.

  Objection 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.

  Objection 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 to Objection 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 to Objection 2: Necessity is twofold. One arises from "constraint," and this removes merit, since it runs counter to the will. The other arises from the obligation of a "command," 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 to Objection 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.
 
Article: 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.

  Objection 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.

  Objection 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 FP, Question [81], Article [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 (Article [1]).

  Reply to Objection 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 to Objection 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 to Objection 3: Not only the irascible and concupiscible parts are "rational by participation," but the entire "appetitive" faculty, as stated in Ethic. 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.
 
Article: 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.

  Objection 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.

  Objection 3: Further, justice is always towards others, as stated above (Article [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 (Article [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 (FS, Question [90], Article [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 to Objection 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 (Articles [7],12).

  Reply to Objection 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 to Objection 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 Jn. 3:4) that all "sin is iniquity."
 
Article: 6 

Whether justice, as a general virtue, is essentially the same as all virtue?

  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.

  Objection 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.

  Objection 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.

  Objection 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, 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 (Article [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 to Objection 3: This argument again takes legal justice for the virtue commanded by legal justice.

  Reply to Objection 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.

Article: 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.

  Objection 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 (Articles [5],6). Therefore there is not another species of justice directing one man to another in matters relating to the individual.

  Objection 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 Mt. 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 (Article [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 to Objection 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 to Objection 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 to Objection 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.

Article: 8  

Whether particular justice has a special matter?

  Objection 1: It would seem that particular justice has no special matter. Because a gloss on Gn. 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.

  Objection 2: Further, Augustine says (Questions. 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.

  Objection 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 to Objection 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 to Objection 2: As stated above (FS, Question [61], Articles [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 to Objection 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.

Article: 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 [*FS, Question [23], Article [4]; FS, Question [31], Article [1]; FS, Question [35], Article [1]] when we were treating of the passions. Therefore justice, being a moral virtue, is about the passions.

  Objection 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.

  Objection 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 (FS, Question [22], Article [3]; FS, Question [59], Article [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 to Objection 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 to Objection 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 to Objection 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).

Article: 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.

  Objection 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.

  Objection 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 (Article [9]; FS, Question [59], Article [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 to Objection 1: This real mean is also the rational mean, wherefore justice satisfies the conditions of a moral virtue.

  Reply to Objection 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 to Objection 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.

Article: 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.

  Objection 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.

  Objection 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 (Articles [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 to Objection 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 (Question [80], Article [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 to Objection 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.

Article: 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.

  Objection 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.

  Objection 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 to Objection 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 to Objection 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 to Objection 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 (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?

Article: 1 

Whether injustice is a special virtue?

  Objection 1: It would seem that injustice is not a special vice. For it is written (1 Jn. 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.

  Objection 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.

  Objection 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 (Question [58], Articles [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 to Objection 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 to Objection 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 (Question [58], Article [9], ad 2).

  Reply to Objection 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.

Article: 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 (FS, Question [54], Article [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.

  Objection 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.

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

  Reply to Objection 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 to Objection 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.

Article: 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 (Article [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.

  Objection 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.

  Objection 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 to Objection 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 to Objection 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 to Objection 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 (Article [2]), and the formal and essential element is on the part of the will of agent and patient, as stated above (Article [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.

Article: 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.

  Objection 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.

  Objection 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 (Question [64], seqq.). Therefore whoever does an injustice sins mortally.

  I answer that, As stated above (FS, Question [12], Article [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 to Objection 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 (Article [2])

  Reply to Objection 2: He who does an injustice in small matters falls short of the perfection on 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 to Objection 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 (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?

Article: 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 (Question [58], Article [4]).

  Objection 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" (Rm. 5:5). Therefore judgment belongs to charity rather than to justice.

  Objection 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.

  Objection 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 (Question [57], Article [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 to Objection 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} (judging well according to common law) which belongs to prudence is said to "judge rightly," as stated above (Question [51], Article [3]).

  Reply to Objection 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 to Objection 3: The other virtues regulate man in himself, whereas justice regulates man in his dealings with others, as shown above (Question [58], Article [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 to Objection 4: Justice is in the sovereign as a master-virtue [*Cf. Question [58], Article [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.

Article: 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 Mt. 7:1, "Judge not, and ye shall not be judged." Therefore it is unlawful to judge.

  Objection 2: Further, it is written (Rm. 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.

  Objection 3: Further, no man is sinless, according to 1 Jn. 1:8, "If we say that we have no sin, we deceive ourselves." Now it is unlawful for a sinner to judge, according to Rm. 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 (Dt. 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 (Article [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 to Objection 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 Mt. 5. Or again according to Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John of the Cross], He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

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

  Reply to Objection 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 Mt. 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.
 
Article: 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.

  Objection 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.

  Objection 3: Further, if it is unlawful, it must needs be reducible to an injustice, since judgment is an act of justice, as stated above (Article [1]). Now an injustice is always a mortal sin according to its genus, as stated above (Question [59], Article [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 of the Cross] in comment on the words of Mt. 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 to Objection 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 to Objection 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 to Objection 3: Since justice and injustice are about external operations, as stated above (Question [58], Articles [8],10,11; Question [59], Article [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.

Article: 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" (Gn. 8:21). Therefore doubts should be interpreted for the worst rather than for the best.

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

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

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

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

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

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

  Reply to Objection 3: One may interpret something for the worst or for the best in two ways. First, by a kind of supposition; and thus, when we have to apply a remedy to some evil, whether our own or another's, in order for the remedy to be applied with greater certainty of a cure, it is expedient to take the worst for granted, since if a remedy be efficacious against a worse evil, much more is it efficacious against a lesser evil. Secondly we may interpret something for the best or for the worst, by deciding or determining, and in this case when judging of things we should try to interpret each thing according as it is, and when judging of persons, to interpret things for the best as stated above.
 
Article: 5  

Whether we should always judge according to the written law?

  Objection 1: It would seem that we ought not always to judge according to the written law. For we ought always to avoid judging unjustly. But written laws sometimes contain injustice, according to Is. 10:1, "Woe to them that make wicked laws, and when they write, write injustice." Therefore we ought not always to judge according to the written law.

  Objection 2: Further, judgment has to be formed about individual happenings. But no written law can cover each and every individual happening, as the Philosopher declares (Ethic. v, 10). Therefore it seems that we are not always bound to judge according to the written law.

  Objection 3: Further, a law is written in order that the lawgiver's intention may be made clear. But it happens sometimes that even if the lawgiver himself were present he would judge otherwise. Therefore we ought not always to judge according to the written law.

  On the contrary, Augustine says (De Vera Relig. xxxi): "In these earthly laws, though men judge about them when they are making them, when once they are established and passed, the judges may judge no longer of them, but according to them."

  I answer that, As stated above (Article [1]), judgment is nothing else but a decision or determination of what is just. Now a thing becomes just in two ways: first by the very nature of the case, and this is called "natural right," secondly by some agreement between men, and this is called "positive right," as stated above (Question [57], Article [2]). Now laws are written for the purpose of manifesting both these rights, but in different ways. For the written law does indeed contain natural right, but it does not establish it, for the latter derives its force, not from the law but from nature: whereas the written law both contains positive right, and establishes it by giving it force of authority.

   Hence it is necessary to judge according to the written law, else judgment would fall short either of the natural or of the positive right.

  Reply to Objection 1: Just as the written law does not give force to the natural right, so neither can it diminish or annul its force, because neither can man's will change nature. Hence if the written law contains anything contrary to the natural right, it is unjust and has no binding force. For positive right has no place except where "it matters not," according to the natural right, "whether a thing be done in one way or in another"; as stated above (Question [57], Article [2], ad 2). Wherefore such documents are to be called, not laws, but rather corruptions of law, as stated above (FS, Question [95], Article [2]): and consequently judgment should not be delivered according to them.

  Reply to Objection 2: Even as unjust laws by their very nature are, either always or for the most part, contrary to the natural right, so too laws that are rightly established, fail in some cases, when if they were observed they would be contrary to the natural right. Wherefore in such cases judgment should be delivered, not according to the letter of the law, but according to equity which the lawgiver has in view. Hence the jurist says [*Digest. i, 3; De leg. senatusque consult. 25]: "By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man." In such cases even the lawgiver himself would decide otherwise; and if he had foreseen the case, he might have provided for it by law.

   This suffices for the Reply to the Third Objection.

Article: 6 

Whether judgment is rendered perverse by being usurped?

  Objection 1: It would seem that judgment is not rendered perverse by being usurped. For justice is rectitude in matters of action. Now truth is not impaired, no matter who tells it, but it may suffer from the person who ought to accept it. Therefore again justice loses nothing, no matter who declares what is just, and this is what is meant by judgment.

  Objection 2: Further, it belongs to judgment to punish sins. Now it is related to the praise of some that they punished sins without having authority over those whom they punished; such as Moses in slaying the Egyptian (Ex. 2:12), and Phinees the son of Eleazar in slaying Zambri the son of Salu (Num. 25:7-14), and "it was reputed to him unto justice" (Ps. 105:31). Therefore usurpation of judgment pertains not to injustice.

  Objection 3: Further, spiritual power is distinct from temporal. Now prelates having spiritual power sometimes interfere in matters concerning the secular power. Therefore usurped judgment is not unlawful.

  Objection 4: Further, even as the judge requires authority in order to judge aright, so also does he need justice and knowledge, as shown above (Article [1], ad 1,3; Article [2]). But a judgment is not described as unjust, if he who judges lacks the habit of justice or the knowledge of the law. Neither therefore is it always unjust to judge by usurpation, i.e. without authority.

  On the contrary, It is written (Rm. 14:4): "Who art thou that judgest another man's servant?"

  I answer that, Since judgment should be pronounced according to the written law, as stated above (Article [5]), he that pronounces judgment, interprets, in a way, the letter of the law, by applying it to some particular case. Now since it belongs to the same authority to interpret and to make a law, just as a law cannot be made save by public authority, so neither can a judgment be pronounced except by public authority, which extends over those who are subject to the community. Wherefore even as it would be unjust for one man to force another to observe a law that was not approved by public authority, so too it is unjust, if a man compels another to submit to a judgment that is pronounced by other than the public authority.

  Reply to Objection 1: When the truth is declared there is no obligation to accept it, and each one is free to receive it or not, as he wishes. On the other hand judgment implies an obligation, wherefore it is unjust for anyone to be judged by one who has no public authority.

  Reply to Objection 2: Moses seems to have slain the Egyptian by authority received as it were, by divine inspiration; this seems to follow from Acts 7:24, 25, where it is said that "striking the Egyptian . . . he thought that his brethren understood that God by his hand would save Israel [Vulg.: 'them']." Or it may be replied that Moses slew the Egyptian in order to defend the man who was unjustly attacked, without himself exceeding the limits of a blameless defence. Wherefore Ambrose says (De Offic. i, 36) that "whoever does not ward off a blow from a fellow man when he can, is as much in fault as the striker"; and he quotes the example of Moses. Again we may reply with Augustine (Questions. Exod. qu. 2) [*Cf. Contra Faust. xxii, 70] that just as "the soil gives proof of its fertility by producing useless herbs before the useful seeds have grown, so this deed of Moses was sinful although it gave a sign of great fertility," in so far, to wit, as it was a sign of the power whereby he was to deliver his people.

   With regard to Phinees the reply is that he did this out of zeal for God by Divine inspiration; or because though not as yet high-priest, he was nevertheless the high-priest's son, and this judgment was his concern as of the other judges, to whom this was commanded [*Ex. 22:20; Lev. 20; Dt. 13,17].

  Reply to Objection 3: The secular power is subject to the spiritual, even as the body is subject to the soul. Consequently the judgment is not usurped if the spiritual authority interferes in those temporal matters that are subject to the spiritual authority or which have been committed to the spiritual by the temporal authority.

  Reply to Objection 4: The habits of knowledge and justice are perfections of the individual, and consequently their absence does not make a judgment to be usurped, as in the absence of public authority which gives a judgment its coercive force.