Part III (Secunda Secundae) Part 99 (2/2)

Reply Obj. 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.

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QUESTION 61

OF THE PARTS OF JUSTICE (In Four Articles)

We must now consider the parts of justice; (1) the subjective parts, which are the species of justice, i.e. distributive and commutative justice; (2) the quasi-integral parts; (3) the quasi-potential parts, i.e. the virtues connected with justice. The first consideration will be twofold: (1) The parts of justice; (2) their opposite vices. And since rest.i.tution would seem to be an act of commutative justice, we must consider (1) the distinction between commutative and distributive justice; (2) rest.i.tution.

Under the first head there are four points of inquiry:

(1) Whether there are two species of justice, viz. distributive and commutative?

(2) Whether in either case the mean is take in the same way?

(3) Whether their matter is uniform or manifold?

(4) Whether in any of these species the just is the same as counter-pa.s.sion?

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FIRST ARTICLE [II-II, Q. 61, Art. 1]

Whether Two Species of Justice Are Suitably a.s.signed, Viz.

Commutative and Distributive?

Objection 1: It would seem that the two species of justice are unsuitably a.s.signed, viz. distributive and commutative. That which is hurtful to the many cannot be a species of justice, since justice is directed to the common good. Now it is hurtful to the common good of the many, if the goods of the community are distributed among many, both because the goods of the community would be exhausted, and because the morals of men would be corrupted. For Tully says (De Offic. ii, 15): ”He who receives becomes worse, and the more ready to expect that he will receive again.” Therefore distribution does not belong to any species of justice.

Obj. 2: Further, the act of justice is to render to each one what is his own, as stated above (Q. 58, A. 2). But when things are distributed, a man does not receive what was his, but becomes possessed of something which belonged to the community. Therefore this does not pertain to justice.

Obj. 3: Further, justice is not only in the sovereign, but also in the subject, as stated above (Q. 58, A. 6). But it belongs exclusively to the sovereign to distribute. Therefore distribution does not always belong to justice.

Obj. 4: Further, ”Distributive justice regards common goods” (Ethic.

v, 4). Now matters regarding the community pertain to legal justice.

Therefore distributive justice is a part, not of particular, but of legal justice.

Obj. 5: Further, unity or mult.i.tude do not change the species of a virtue. Now commutative justice consists in rendering something to one person, while distributive justice consists in giving something to many. Therefore they are not different species of justice.

_On the contrary,_ The Philosopher a.s.signs two parts to justice and says (Ethic. v, 2) that ”one directs distributions, the other, commutations.”

_I answer that,_ As stated above (Q. 58, AA. 7, 8), particular justice is directed to the private individual, who is compared to the community as a part to the whole. Now a twofold order may be considered in relation to a part. In the first place there is the order of one part to another, to which corresponds the order of one private individual to another. This order is directed by commutative justice, which is concerned about the mutual dealings between two persons. In the second place there is the order of the whole towards the parts, to which corresponds the order of that which belongs to the community in relation to each single person. This order is directed by distributive justice, which distributes common goods proportionately. Hence there are two species of justice, distributive and commutative.

Reply Obj. 1: Just as a private individual is praised for moderation in his bounty, and blamed for excess therein, so too ought moderation to be observed in the distribution of common goods, wherein distributive justice directs.

Reply Obj. 2: Even as part and whole are somewhat the same, so too that which pertains to the whole, pertains somewhat to the part also: so that when the goods of the community are distributed among a number of individuals each one receives that which, in a way, is his own.

Reply Obj. 3: The act of distributing the goods of the community, belongs to none but those who exercise authority over those goods; and yet distributive justice is also in the subjects to whom those goods are distributed in so far as they are contented by a just distribution. Moreover distribution of common goods is sometimes made not to the state but to the members of a family, and such distribution can be made by authority of a private individual.

Reply Obj. 4: Movement takes its species from the term _whereunto._ Hence it belongs to legal justice to direct to the common good those matters which concern private individuals: whereas on the contrary it belongs to particular justice to direct the common good to particular individuals by way of distribution.

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