Part III (Secunda Secundae) Part 93 (1/2)
Obj. 3: Further, right as stated above (A. 2) is divided into natural and positive. Now the right of nations is not a positive right, since all nations never agreed to decree anything by common agreement.
Therefore the right of nations is a natural right.
_On the contrary,_ Isidore says (Etym. v, 4) that ”right is either natural, or civil, or right of nations,” and consequently the right of nations is distinct from natural right.
_I answer that,_ As stated above (A. 2), the natural right or just is that which by its very nature is adjusted to or commensurate with another person. Now this may happen in two ways; first, according as it is considered absolutely: thus a male by [his] very nature is commensurate with the female to beget offspring by her, and a parent is commensurate with the offspring to nourish it. Secondly a thing is naturally commensurate with another person, not according as it is considered absolutely, but according to something resultant from it, for instance the possession of property. For if a particular piece of land be considered absolutely, it contains no reason why it should belong to one man more than to another, but if it be considered in respect of its adaptability to cultivation, and the unmolested use of the land, it has a certain commensuration to be the property of one and not of another man, as the Philosopher shows (Polit. ii, 2).
Now it belongs not only to man but also to other animals to apprehend a thing absolutely: wherefore the right which we call natural, is common to us and other animals according to the first kind of commensuration. But the right of nations falls short of natural right in this sense, as the jurist [*Digest. i, 1; De Just. et Jure i] says because ”the latter is common to all animals, while the former is common to men only.” On the other hand to consider a thing by comparing it with what results from it, is proper to reason, wherefore this same is natural to man in respect of natural reason which dictates it. Hence the jurist Gaius says (Digest. i, 1; De Just. et Jure i, 9): ”whatever natural reason decrees among all men, is observed by all equally, and is called the right of nations.” This suffices for the Reply to the First Objection.
Reply Obj. 2: Considered absolutely, the fact that this particular man should be a slave rather than another man, is based, not on natural reason, but on some resultant utility, in that it is useful to this man to be ruled by a wiser man, and to the latter to be helped by the former, as the Philosopher states (Polit. i, 2).
Wherefore slavery which belongs to the right of nations is natural in the second way, but not in the first.
Reply Obj. 3: Since natural reason dictates matters which are according to the right of nations, as implying a proximate equality, it follows that they need no special inst.i.tution, for they are inst.i.tuted by natural reason itself, as stated by the authority quoted above.
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FOURTH ARTICLE [II-II, Q. 57, Art. 4]
Whether Paternal Right and Right of Dominion Should Be Distinguished As Special Species?
Objection 1: It would seem that ”paternal right” and ”right of dominion” should not be distinguished as special species. For it belongs to justice to render to each one what is his, as Ambrose states (De Offic. i, 24). Now right is the object of justice, as stated above (A. 1). Therefore right belongs to each one equally; and we ought not to distinguish the rights of fathers and masters as distinct species.
Obj. 2: Further, the law is an expression of what is just, as stated above (A. 1, ad 2). Now a law looks to the common good of a city or kingdom, as stated above (I-II, Q. 90, A. 2), but not to the private good of an individual or even of one household. Therefore there is no need for a special right of dominion or paternal right, since the master and the father pertain to a household, as stated in _Polit._ i, 2.
Obj. 3: Further, there are many other differences of degrees among men, for instance some are soldiers, some are priests, some are princes. Therefore some special kind of right should be allotted to them.
_On the contrary,_ The Philosopher (Ethic. v, 6) distinguishes right of dominion, paternal right and so on as species distinct from civil right.
_I answer that,_ Right or just depends on commensuration with another person. Now ”another” has a twofold signification. First, it may denote something that is other simply, as that which is altogether distinct; as, for example, two men neither of whom is subject to the other, and both of whom are subjects of the ruler of the state; and between these according to the Philosopher (Ethic. v, 6) there is the ”just” simply. Secondly a thing is said to be other from something else, not simply, but as belonging in some way to that something else: and in this way, as regards human affairs, a son belongs to his father, since he is part of him somewhat, as stated in _Ethic._ viii, 12, and a slave belongs to his master, because he is his instrument, as stated in _Polit._ i, 2 [*Cf. _Ethic._ viii, 11]. Hence a father is not compared to his son as to another simply, and so between them there is not the just simply, but a kind of just, called ”paternal.”
In like manner neither is there the just simply, between master and servant, but that which is called ”dominative.” A wife, though she is something belonging to the husband, since she stands related to him as to her own body, as the Apostle declares (Eph. 5:28), is nevertheless more distinct from her husband, than a son from his father, or a slave from his master: for she is received into a kind of social life, that of matrimony, wherefore according to the Philosopher (Ethic. v, 6) there is more scope for justice between husband and wife than between father and son, or master and slave, because, as husband and wife have an immediate relation to the community of the household, as stated in _Polit._ i, 2, 5, it follows that between them there is ”domestic justice” rather than ”civic.”
Reply Obj. 1: It belongs to justice to render to each one his right, the distinction between individuals being presupposed: for if a man gives himself his due, this is not strictly called ”just.” And since what belongs to the son is his father's, and what belongs to the slave is his master's, it follows that properly speaking there is not justice of father to son, or of master to slave.
Reply Obj. 2: A son, as such, belongs to his father, and a slave, as such, belongs to his master; yet each, considered as a man, is something having separate existence and distinct from others. Hence in so far as each of them is a man, there is justice towards them in a way: and for this reason too there are certain laws regulating the relations of father to his son, and of a master to his slave; but in so far as each is something belonging to another, the perfect idea of ”right” or ”just” is wanting to them.
Reply Obj. 3: All other differences between one person and another in a state, have an immediate relation to the community of the state and to its ruler, wherefore there is just towards them in the perfect sense of justice. This ”just” however is distinguished according to various offices, hence when we speak of ”military,” or ”magisterial,”
or ”priestly” right, it is not as though such rights fell short of the simply right, as when we speak of ”paternal” right, or right of ”dominion,” but for the reason that something proper is due to each cla.s.s of person in respect of his particular office.
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QUESTION 58
OF JUSTICE (In Twelve Articles)
We must now consider justice. Under this head there are twelve points of inquiry:
(1) What is justice?
(2) Whether justice is always towards another?
(3) Whether it is a virtue?