n
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 institution, for they are
instituted 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]
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