n he does not take sufficient care.
Hence, according to jurists, if a man pursue a lawful occupation and
take due care, the result being that a person loses his life, he is
not guilty of that person's death: whereas if he be occupied with
something unlawful, or even with something lawful, but without due
care, he does not escape being guilty of murder, if his action
results in someone's death.
Reply Obj. 1: Lamech did not take sufficient care to avoid taking a
man's life: and so he was not excused from being guilty of homicide.
Reply Obj. 2: He that strikes a woman with child does something
unlawful: wherefore if there results the death either of the woman or
of the animated fetus, he will not be excused from homicide,
especially seeing that death is the natural result of such a blow.
Reply Obj. 3: According to the canons a penalty is inflicted on those
who cause death unintentionally, through doing something unlawful, or
failing to take sufficient care.
_______________________
QUESTION 65
OF OTHER INJURIES COMMITTED ON THE PERSON
(In Four Articles)
We must now consider other sinful injuries committed on the person.
Under this head there are four points of inquiry:
(1) The mutilation of members;
(2) Blows;
(3) Imprisonment;
(4) Whether the sins that consist in inflicting such like injuries
are aggravated through being perpetrated on persons connected with
others?
_______________________
FIRST ARTICLE [II-II, Q. 65, Art. 1]
Whether in Some Cases It May Be Lawful to Maim Anyone?
Objection 1: It would seem that in no case can it be lawful to maim
anyone. For Damascene says (De Fide Orth. iv, 20) that "sin consists
in departing from what is according to nature, towards that which is
contrary to nature." Now according to nature it is appointed by God
that a man's body should be entire in its members, and it is contrary
to nature that it should be deprived of a member. Therefore it seems
that it is always a sin to maim a person.
Obj. 2: Further, as the whole soul is to the whole body, so are the
parts of the soul to the parts of the body (De Anima ii, 1). But it
is unlawful to deprive a man of his soul by killing him, except by
public authority. Therefore neither is it lawful to maim anyone,
except perhaps by public authority.
Obj. 3: Further, the welfare of the soul is to be preferred to the
welfare of the body. Now it is not lawful for a man to maim himself
for the sake of the soul's we
|