FREE BOOKS

Author's List




PREV.   NEXT  
|<   565   566   567   568   569   570   571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589  
590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605   606   607   608   609   610   611   612   613   614   >>   >|  
ft. Voluntary commutations are when a man voluntarily transfers his chattel to another person. And if he transfer it simply so that the recipient incurs no debt, as in the case of gifts, it is an act, not of justice but of liberality. A voluntary transfer belongs to justice in so far as it includes the notion of debt, and this may occur in many ways. First when one man simply transfers his thing to another in exchange for another thing, as happens in selling and buying. Secondly when a man transfers his thing to another, that the latter may have the use of it with the obligation of returning it to its owner. If he grant the use of a thing gratuitously, it is called "usufruct" in things that bear fruit; and simply "borrowing" on "loan" in things that bear no fruit, such as money, pottery, etc.; but if not even the use is granted gratis, it is called "letting" or "hiring." Thirdly, a man transfers his thing with the intention of recovering it, not for the purpose of its use, but that it may be kept safe, as in a "deposit," or under some obligation, as when a man pledges his property, or when one man stands security for another. In all these actions, whether voluntary or involuntary, the mean is taken in the same way according to the equality of repayment. Hence all these actions belong to the one same species of justice, namely commutative justice. And this suffices for the Replies to the Objections. _______________________ FOURTH ARTICLE [II-II, Q. 61, Art. 4] Whether the Just Is Absolutely the Same As Retaliation? Objection 1: It would seem that the just is absolutely the same as retaliation. For the judgment of God is absolutely just. Now the judgment of God is such that a man has to suffer in proportion with his deeds, according to Matt. 7:2: "With what measure you judge, you shall be judged: and with what measure you mete, it shall be measured to you again." Therefore the just is absolutely the same as retaliation. Obj. 2: Further, in either kind of justice something is given to someone according to a kind of equality. In distributive justice this equality regards personal dignity, which would seem to depend chiefly on what a person has done for the good of the community; while in commutative justice it regards the thing in which a person has suffered loss. Now in respect of either equality there is retaliation in respect of the deed committed. Therefore it would seem that the just is absolutely the same as
PREV.   NEXT  
|<   565   566   567   568   569   570   571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589  
590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605   606   607   608   609   610   611   612   613   614   >>   >|  



Top keywords:

justice

 

absolutely

 

equality

 

transfers

 

retaliation

 

person

 
simply
 
obligation
 

respect

 

Therefore


called

 
things
 

commutative

 

measure

 
judgment
 

voluntary

 

transfer

 
actions
 

ARTICLE

 

Objections


FOURTH

 

Whether

 

Retaliation

 
Objection
 

Absolutely

 
measured
 

chiefly

 

depend

 

dignity

 

distributive


personal

 

community

 

committed

 

suffered

 

suffer

 

proportion

 

judged

 

Further

 

Replies

 

exchange


notion
 

selling

 

buying

 

returning

 

Secondly

 

includes

 

voluntarily

 

chattel

 

recipient

 

commutations