is regard: rather ought they to refund
the person who has made restitution, who, nevertheless, may excuse
them from so doing.
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SEVENTH ARTICLE [II-II, Q. 62, Art. 7]
Whether Restitution Is Binding on Those Who Have Not Taken?
Objection 1: It would seem that restitution is not binding on those
who have not taken. For restitution is a punishment of the taker. Now
none should be punished except the one who sinned. Therefore none are
bound to restitution save the one who has taken.
Obj. 2: Further, justice does not bind one to increase another's
property. Now if restitution were binding not only on the man who
takes a thing but also on all those who cooperate with him in any way
whatever, the person from whom the thing was taken would be the
gainer, both because he would receive restitution many times over,
and because sometimes a person cooperates towards a thing being taken
away from someone, without its being taken away in effect. Therefore
the others are not bound to restitution.
Obj. 3: Further, no man is bound to expose himself to danger, in
order to safeguard another's property. Now sometimes a man would
expose himself to the danger of death, were he to betray a thief, or
withstand him. Therefore one is not bound to restitution, through not
betraying or withstanding a thief.
_On the contrary,_ It is written (Rom. 1:32): "They who do such
things are worthy of death, and not only they that do them, but also
they that consent to them that do them." Therefore in like manner
they that consent are bound to restitution.
_I answer that,_ As stated above (A. 6), a person is bound to
restitution not only on account of someone else's property which he
has taken, but also on account of the injurious taking. Hence whoever
is cause of an unjust taking is bound to restitution. This happens in
two ways, directly and indirectly. Directly, when a man induces
another to take, and this in three ways. First, on the part of the
taking, by moving a man to take, either by express command, counsel,
or consent, or by praising a man for his courage in thieving.
Secondly, on the part of the taker, by giving him shelter or any
other kind of assistance. Thirdly, on the part of the thing taken, by
taking part in the theft or robbery, as a fellow evil-doer.
Indirectly, when a man does not prevent another from evil-doing
(provided he be able and bound to prevent him), either by omitting
the command or counsel
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