§ I. On the Object of Dominion

537. • Principles. I. Man has useful dominion of the goods which are intrinsic to him, namely of soul and body. Therefore he can, without injury to anyone, use them for his own utility, and for every use not prohibited by law.

Yet he does not have direct dominion of these goods. This is established from Sacred Scripture; thus Wisd. 16. 13: "You are, O Lord, who have power of life and death." - Likewise Deut. 32. 39: "I shall kill, and I shall make alive." - It is also established from natural law, as we said where treating of the fifth precept of the Decalogue, n. 389 and following.

538. • II. Man can have useful and direct dominion in external goods of fortune legitimately acquired. This is established, 1. as to useful dominion, because on the one hand these goods are of themselves apt for promoting the preservation or utility of man, and on the other hand the use of them is not opposed to divine and human right; indeed God Himself permitted at least the utility of the aforesaid goods by these words, Gen. 1. 28: "Have dominion over the fishes of the sea and the birds of the air," etc. - And Ps. 8. 8: "You have subjected all things under his feet." - It is established, 2. as to direct dominion, because the faculty of applying goods of fortune to one's own uses is restricted by no right; indeed it is expressly permitted by human right, as is clear from the various laws concerning the right of possessing, and by divine right in the words cited: "Have dominion," etc.

539. • Questions. Q. 1. Whether man has dominion of his own reputation?

Resp. Affirmatively, according to the common opinion; for even concerning reputation there belong to man the primary acts of dominion, such as to acquire it by labor, to condone restitution of it, etc. Therefore... Yet prudence requires that he not squander it without just reason, and sometimes he is bound under grave sin to preserve it carefully by reason of scandal, of removing harm to the family, etc. - St. Lig., lib. 3, n. 983. - Billuart, diss. 3, art. 2.

Q. 2. Whether man can have dominion over another man?

Resp. 1. Negatively, as to dominion of property; for that belongs to God alone, as is established from what has been said, n. 522.

Resp. 2. Affirmatively, as to useful dominion, or the works of man. The reason is that any man is master of his own work, and therefore he can alienate it for his own utility and hand it over into the dominion of another. For a master can dispose at will of the object of his dominion.

Hence 1. by natural right a man can even sell himself to another forever as to useful dominion. For if he can confer upon another the useful dominion of himself for some time, he can do the same forever, since he can yield whatever he has. 2. Per se servitude is not repugnant to the law of nature, or the state of perpetual subjection by which someone, in exchange for food, is bound to furnish all his works to another.

540. • Q. 3. From what titles can servitude be introduced?

Resp. From the four following titles: 1. From pact, or one's own renunciation. For it is not repugnant that someone renounce his liberty in order to relieve his own need, etc. - 2. From the right of war. For it is not repugnant that the victor should sometimes inflict this punishment. For sometimes he could kill captives for the security of the nation; therefore, a fortiori, reduce them to servitude. - 3. From an offense, or from just condemnation. For if a guilty person can be condemned to death, a fortiori to servitude, since deprivation of life is deservedly considered the greatest of all punishments. - 4. From birth in a state of servitude, since by law they are slaves who are born of slaves. Thus according to the law of nations, in accordance with the common opinion. - Lugo, disp. 6, n. 11 and 17.

541. • Q. 4. Whether the trade in Negroes is lawful?

Resp. 1. It is altogether unlawful by every right, as often as Negroes are unjustly despoiled of liberty, and are transported in bands from their own regions as cheap cattle, and are sold, as happens in their nefarious trade (Traites des Nègres). Against so monstrous a trade there have come forth various Apostolic Constitutions, namely of Paul III, Urban VIII, Benedict XIV, and lately Gregory XVI, in the Constitution In supremo apostolatus, December 3, 1839, as may be seen in the public sheet called Ami de la Religion, tom. 103, n. 3219.

Resp. 2. But if it is a matter of Black persons or others existing in legitimate servitude, it is not per se absolutely unlawful, because once servitude has been admitted as legitimate, the master has a true right in slaves, or in their works, and therefore is able to transmit it to others. I said, per se; for circumstances can stand in the way, for example, if a spouse would have to be separated from a spouse, or if civil laws forbid it, just as in reality servitude is generally interdicted in Europe.