e master who preside over the family household, which is
an imperfect community, have imperfect coercive power, which is
exercised by inflicting lesser punishments, for instance by blows,
which do not inflict irreparable harm.
Reply Obj. 3: It is lawful for anyone to impart correction to a
willing subject. But to impart it to an unwilling subject belongs to
those only who have charge over him. To this pertains chastisement by
blows.
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THIRD ARTICLE [II-II, Q. 65, Art. 3]
Whether It Is Lawful to Imprison a Man?
Objection 1: It would seem unlawful to imprison a man. An act which
deals with undue matter is evil in its genus, as stated above (I-II,
Q. 18, A. 2). Now man, having a free-will, is undue matter for
imprisonment which is inconsistent with free-will. Therefore it is
unlawful to imprison a man.
Obj. 2: Further, human justice should be ruled by Divine justice. Now
according to Ecclus. 15:14, "God left man in the hand of his own
counsel." Therefore it seems that a man ought not to be coerced by
chains or prisons.
Obj. 3: Further, no man should be forcibly prevented except from
doing an evil deed; and any man can lawfully prevent another from
doing this. If, therefore, it were lawful to imprison a man, in order
to restrain him from evil deeds, it would be lawful for anyone to put
a man in prison; and this is clearly false. Therefore the same
conclusion follows.
_On the contrary,_ We read in Lev. 24 that a man was imprisoned for
the sin of blasphemy.
_I answer that,_ In the goods of the body three things may be
considered in due order. First, the substantial integrity of the
body, and this is injured by death or maiming. Secondly, pleasure or
rest of the senses, and to this striking or anything causing a sense
of pain is opposed. Thirdly, the movement or use of the members, and
this is hindered by binding or imprisoning or any kind of detention.
Therefore it is unlawful to imprison or in any way detain a man,
unless it be done according to the order of justice, either in
punishment, or as a measure of precaution against some evil.
Reply Obj. 1: A man who abuses the power entrusted to him deserves to
lose it, and therefore when a man by sinning abuses the free use of
his members, he becomes a fitting matter for imprisonment.
Reply Obj. 2: According to the order of His wisdom God
sometimes restrains a sinner from accomplishing a sin, according to
Job 5:12: "Who bringeth to
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