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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?

(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?
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FIRST ARTICLE [II-II, Q. 58, Art. 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.

Obj. 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.

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

Obj. 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."

Obj. 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.

Obj. 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 virt