Treatise — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Treatise on Justice and Right
So great is the necessity of the treatment which we are undertaking, concerning justice and right, that it is deservedly to be placed among the principal parts of moral theology; but so great is the difficulty that, unless clarity and order lighten the labor, scarcely anyone can extricate himself in the very many things pertaining to this matter. For justice extends most broadly, and embraces very many rights and offices by which the members of human society are mutually bound. But how great the importance of this treatment is, is plain from the fact that especially in these times one may see many men squander their own goods, invade the goods of others, and overturn all rights, so that they may glut the continual hunger of pleasures. In order that ministers of the Church may heal these most hostile evils of the Republic, they ought to know exceedingly well the rules of justice and right. For it is theirs to recall those wandering away to right principles, and to take care with the highest zeal for the equity of rights and duties. Wherefore in handling this treatment most of all, fervent prayer and assiduous study must be used.
We must treat, 1. of the nature and principles of justice and right; 2. of the violation of right, or of injury; 3. of the repair of right, or of restitution.
Within this treatise
First Part. On the Nature and Principles of Justice and Rightnn. 517–598
Chapter I. On the General Notions of Justice and Rightnn. 517–535
- Article I. On the Nature of Justicenn. 517–518
- Article II. On the Nature of Rightnn. 519–521
Chapter II. On the Principal Species of Rightnn. 536–598
Article I. On Dominionnn. 536–592
- § I. On the Object of Dominionnn. 537–541
§ II. On the Subject of Dominionnn. 542–568
- Point I. On the Dominion of Children Under Paternal Powernn. 543–547
- Point II. On the Dominion of Wivesnn. 548–557
- Point III. On the Dominion of Clericsnn. 558–565
- Point IV. On the Dominion of Authorsnn. 566–568
§ III. On the Acquisition of Dominionnn. 569–592
- Point I. On Occupationnn. 569–574
- Point II. On Findingnn. 575–579
- Point III. On Prescriptionnn. 580–590
- Point IV. On Accessionnn. 591–592
- Article II. On Use and Usufructnn. 593–595
- Article III. On Servitudenn. 596–598
Second Part. On the Violation of Right, or On Injurynn. 599–625
- Chapter I. On Injury in Generalnn. 599–604
Chapter II. On Injury in Species, or on Sins Against Justicenn. 605–625
- Article I. On the Nature of Theftnn. 605–615
Article II. On the Causes Excusing from Theftnn. 616–625
- § 1. On Necessity Excusing from Theftnn. 616–619
- § II. On Hidden Compensationnn. 620–625
Third Part. On Restitutionnn. 626–753
Section I. On Restitution in Generalnn. 626–722
- Chapter I. On the Obligation of Restitutionnn. 626–632
Chapter I [II]. On the Roots of Restitutionnn. 633–693
Article I. On the Acceptance of Another's Thingnn. 634–656
- § I. On the Possessor of Good Faithnn. 635–644
- § II. On the Possessor of Bad Faithnn. 645–651
- § III. On the Possessor of Doubtful Faithnn. 652–656
- Article II. On Unjust Damagenn. 657–672
Article III. On Unjust Cooperationnn. 673–693
- § I. On the One Commandingnn. 673–675
- § II. On the One Counselingnn. 676–680
- § III. On the One Consentingnn. 681–683
- § IV. On the Flatterern. 684
- § V. On Recourse, or on the Receiver, or the One Furnishing Recourse; You Will Hold These Things:n. 685
- § VI. On the Participantnn. 686–689
- § VII. On the Mute, the One Not Resisting, the One Not Manifesting, or on Negative Cooperatorsnn. 690–693
- Chapter IV. On the Causes Excusing from Restitutionnn. 715–722
Section II. On Restitution in Speciesnn. 723–753