index — Merkelbach, Summa Theologiae Moralis
Alphabetical Index of Notable Matters
The number indicates the subdivisions of the articles, not the pages.
Abbot. His power in his own territory, see Bishops.
Accused, see Defendant.
Equity, see Epikeia.
1. We render many thanks to an excellent confrere, Rev. Father Van Langenhove, who with great care kindly composed the alphabetical tables for the whole Summa Theologiae Moralis.
Another's sins, see Cooperation.
Amputation, see Mutilation.
Annulment of contracts: by authority of law, 454, 463; by reason of error, 459; by reason of fraud, 460; by reason of violence, 461; by reason of fear, 462; by reason of the contracting parties, 467-469. Annulment of a testament, 495-3. Annulment of a vow, 734; to whom it belongs, 735. Annulment of an oath, 757.
Insurance, the contract, 594. The insured: obligations, 595-II; rights, 595-III; obligations of the insurer, 595-III; common obligations, 595-I. Frauds in insurance, 595-II-c. Insurance: of workers, 596; of life, 597; of partition in an inheritance matter, 510-2; against eviction, obligation: of the seller, 521-IV; of the lessor, 542-3; of money, in paying the price, obligation of the buyer, 522-III.
Increase, see Interest.
War, 272. Conditions that war: be licitly undertaken, 273; be licitly waged, 274. What: in doubt about the justice of the cause, 275-3-5; in a manifestly unjust war, 275-6. Obligations: of commanders, 274-A, 275-4-6, 276-3, 4; of soldiers, 274-A-2, 275-5, 6; as to booty, 211. Obligation of rendering military service, 632. To what are held those who fraudulently: avoid military service, 633; desert, 633-d, 275-4.
Sacred Bible, see Sacred Scripture.
Goods: objects of right and dominion, 166. Goods: internal, 167, 344; external, 168; of reputation and honor, 169. Distinction of external goods: corporeal and incorporeal, 170-A; movable and immovable, 170-B; consumable and non-consumable, 170-C; fungible and non-fungible, 170-D. Goods which can be matter: of contracts, 464; of prescription, 227.
II. Goods in dominion: of the Church, 199-III, 200-I, 196-3-4; of clerics, 194, 195; of religious, 197. These goods as they can be matter: of contracts, 464-3; of prescription, 227-2, 231-B. Canons concerning their alienation, mutation, sale, 524. Goods in the dominion of the State, 199-I. Goods of the State which are, or are not, matter of contracts, 464-4, or of prescription, 227-3.
III. Goods, in domestic matters, in common dominion, 181-III; in the regime of legal community, 184-A; in the regime of separation of goods, 184-D. Goods in the dominion of the husband, 184-A-D, 185-C. Goods in the dominion of the wife: common, dotal, paraphernal, 181, 186; in the regime of legal community, 184-A, 185; in the regime of exclusive community, 184-C; in the regime of separation of goods, 184-D; in the dotal regime, 184-E. These goods as matter of contracts, 182, 468-III, or of prescription, 228-2-c. Goods in the dominion of a son of the family, 176; which a son acquired by separate labor and industry, 177; or while laboring as his father's associate, 177-2; mandatory, 177-3.
Common good, object of legal justice, see Legal Justice.
Causes excusing from servile works on a feast day, 689. Causes exempting from the obligation of hearing Mass, 673. Causes excusing from fasting and abstinence, 966-968; exempting, 970-972. Causes excusing from theft: urgent necessity, 410-412; occult compensation, 413-416. Causes excusing from restitution, see Restitution.
Surgeon, see Physician.
Coaction, see Violence.
College, see Community.
Commutative justice. Its notion, 252. Its difference from the other species of justice: by reason of object, 253-1; by reason of subject, 253-2; by reason of equality, or the mean of virtue, 253-3, 255. Whether it alone is justice strictly so called, 256-2. Its act, see Restitution. Its object, or commutations: involuntary or voluntary, 277. Involuntary commutations, 343: in the spiritual goods of the soul, 344-348; in goods of the body, see Killing, Mutilation; in goods of marriage, see Adultery, Defilement; in exterior goods, see Theft, Rapine; in goods of reputation and honor, see Detraction, Contumely. Voluntary commutations, 448, see Contract.
Complacency concerning an evil object, see Delight.
Hiring, see Location-conduction.
Prudence of the confessor: in the use of probable opinions, 107-C; in treating the scrupulous, 130; in exhorting penitents unwilling to restore, 285, 286, 334; in making restitution in place of the penitent, 326-b, 331, 334; in imposing restitution: because of defilement, 385; because of adultery, 388-6-7; in determining the gravity of matter in theft, 405-at the end; in imposing restitution: because of fraud in sale, 518-5-6; because of defrauded taxes, 630-H; in admonishing about the gravity of lying, 862-4; in judging about the sin of drunkenness, 990-2.
Spouses. Their mutual offices of piety, 830; offices of the husband, 831; of the wife, 832. Their mutual offices and rights in the administration of goods, 180-183, 468-III, 469. Prescription not running between spouses, 228-2-b, c. Thefts committed by spouses, 406-2-a. Obligations toward children, see Parents.
Connivance at acts of injustice, see Conspiracy.
Conscience. I. Its definition, 47-1; distinction from synderesis, law, and prudence, 47-2; as rule of human acts, 47-3; its required qualities: rectitude and certitude, 47-4. Conscience is: true, and either invincibly or vincibly erroneous, 57, 62. True conscience as it is the rule of acting, 54, 55. Erroneous conscience as it is the rule of acting: if invincibly erroneous, 57-59; on the contrary, if vincibly, 62-65; signs of a vincibly erroneous conscience, 67. Certain conscience, 71; species of certitude, 75; practical certitude, 79, 80; conscience: doubtful, 71-1, 83; opinative, 71-3, 72-74, 95. Certain conscience alone is the rule of acting rightly, 78-82. Sin of one acting against conscience, 109-111. Conscience uncertain and at the same time erroneous, or: perplexed, 112-115; lax, 116-122; scrupulous, 123-130.
II. Formation of conscience: of a certain conscience, 49; its obligation, 50; means, 51; of a true conscience, 56; of an invincibly erroneous conscience, 60. Reformation of a vincibly erroneous conscience, 66. Formation of a sufficiently certain conscience, 76; various systems of theologians, 77; of a sufficiently certain conscience: in negative doubt, 84-87; in positive doubt, 88; in practically practical doubt, 89; in doubt about the value of an act, 90; in doubt only about the honesty of an act, 92; in doubt about the cessation or fulfillment of a law, 93, 94. Formation of a certain conscience in the state of practical opinion, 96; controversy between probabilism and equiprobabilism and probabiliorism, 96-99; prudent use of these systems, 100-104. Same use in the formation of one's own conscience, 105; education of one's own conscience, 105. Formation of the conscience of others, 68; office of the confessor, 69; mode to be observed, 107.
Conspiracy toward damaging, 317. Conspiracy of sellers (monopoly), 534-536; of buyers, 520-I-IV-V; of lessees, 548.
Contract. I. General distinction, 448. General principle to be attended to in contracts, 449. Definition of contract, 451; elements, 452; divisions, 453; subjection to human law, especially civil law, 454. Consent required for a valid contract, and its: qualities, 456, 457; defects: from error, 458, 459; from fraud, 458, 460; from violence and fear, 461, 462; object or matter, 464; what of a base object, 465, 466; subject: from natural law and from positive law, 467; restrictions, from positive law, as to minors, interdicted persons, wives, moral persons or societies, 468, 469. Obligation of a contract: absolute, 470-472; conditional, 473; qualified or modified, 474; strengthened by oath, 475. Cessation of obligation, 476.
II. Contracts: unilateral: promise, 477-480; donation, 481-489, see Donation; testament, 490-495, see Testament. Bilateral onerous contracts: buying-selling, 511-524, see Buying-Selling; sale through brokers, 525-527; sale under the spear, or auction, 528; resale, 531-533; exchange and negotiation, 537; location-conduction, 540-557, see Location-Conduction; partnership, 558-559; census, 562-566; exchange, 567-570. Bilateral gratuitous contracts: credit, 571; commodatum, 572; mutuum, 574; deposit and sequestration, 584-587; mandate and management of affairs, 588-592. Aleatory contracts, 593: insurance, 594; game, 600; wager, 601; lot or lottery, 602. Stock-exchange speculations, 603-605. Subsidiary contracts, 606: suretyship, 607; pledge, 608; mortgage, 609; transaction, 610.
Those living together with religious, see Pupils.
Unjust damaging, 288. Damaging: from unjust taking, 289; its conditions so that it induces the obligation of restitution, 290-293; restitution because of damaging: from slight fault, 294; from a cause posited, 296-A; from error, 296-B; doubtful, 296-C. Damaging: from a thing accepted, 298-308, see Possession. Damaging: from cooperation toward damage, see Cooperation.
Damager, see Damaging.
Delation, see Denunciation.
Detention of another's thing, see Possessor.
Devil, see Demon.
Journals, see Newspapers.
Defamation, see Detraction.
Disciple, see Teacher.
Distribution of goods of the community, see Distributive Justice.
Distributive justice. Its notion, 252, 611. Its distinction from legal and commutative justice by reason of: object, 253-1; subject, 253-2; mean, i.e., equality, 253-3, 255-2. Its act, or judgment, 612, 613, see Judge. Its primary object: goods of the community, 618; offices and charges, 619; institutions for the utility of members, 620; honors, 621. Its secondary object: burdens, 623; tributes and taxes, 624-631, see Taxes; military service, 632, 633. Opposed sin: acceptance of persons, 616, 617. Obligation of restitution from violated distributive justice, 254-c, 295.
Divorce. Dispositions of civil law, in the case of divorce, as to goods of the community, 184-3.
Dominion of property, i.e., right in a thing, 158. Full dominion, 159, 160. Semifull dominion: usufruct, 161; use, 162; servitude, 163. Object of dominion, 166: useful dominion in man's internal goods, 167; full dominion in external goods, 168, 169, and in goods of honor and reputation, 169; semifull dominion over the person of a neighbor, 168-3. Subject of dominion, 171-173. Dominion restricted by positive law: of children of the family, 175-179; of wives, 180-185; of authors and inventors, 191-193; of clerics, 194-196; of religious, 197; of moral persons, 198; of the State, 199-I; of private societies, 199-II, 200-3; of the Church, 199-III, 200-1. Acquisition of dominion, 201. Primitive and derivative modes of acquiring, 201. Things apt to be acquired: vacant, 202, 203; derelict, 202-2, 218-219; lost, 202-3, 216, 217. Origin and licitness of private dominion, 396-402. Its adversaries, 391-395, see Socialism.
Master. His offices: of justice toward workers, 551; of piety toward servants, 829-3. His power of suspending the vows of servants, 736. Principles of law: The thing cries out for its owner, The thing fructifies for its owner, The thing perishes for its owner, 160; No injury is done to a master who is unwilling irrationally, 246.
Donation, contract, 481. Donation: between the living, 483; solemn, 484-A, B; manual, 484-C-1; under the species of an onerous contract, 484-C-2; accessory, 484-C-3; by way of gratuitous renunciation, 484-C-4. Conditions of a valid donation, 484; revocation, 485. Donation: informal, its value in conscience, 486; injurious to the right of a third party, 487; in view of death, 488. Those incapable, from civil law: of donating, 497; of receiving, 498. Modes of donating prohibited by law, 499; value of the prohibition in conscience, 500. Donation in favor of a pious cause, 489, 500. Canons of Canon Law concerning donations, 489.
Doubt, 71. Positive, negative doubt, 71, 83. Speculative doubt, speculatively practical doubt, doubt of law and of fact, practically practical doubt, 83-1-3. Removal of doubt, see Conscience I. Principles: In doubt the condition of the possessor is better, 86; In doubtful matters the safer course is to be acted upon, 88-91; A doubtful law does not oblige, 92, 93, Appendix-III.
Elector, electors, see Choice.
Buying-selling, contract, 511. It is a consensual contract, 512. Matter: of sale, merchandise, 513; of buying, price, see Price. Justice of the contract in the equality of merchandise and price, 515. Offices of the seller as to: the thing asked, 521; the vices and defects of the thing, 521-II; the handing over of the thing, 521-III; eviction of the thing, 521-IV. Offices of the buyer, 522. Cessation of the contract, 523. Around this contract, dispositions of civil and canon law, 523, 524.
Epikeia, 890. Epikeia broadly and strictly so called, 890. It is directed by gnome, annexed to prudence, 893. Epikeia: as it is natural justice, 890-1; as it pertains to legal justice, or as it is benign interpretation of law, 890-2, 891; as it is a potential part of justice, or as it is moderate use of one's own right, 890-3, 892. Its use: in case of great misfortune, 544, 546-3; toward workers in case of great benefit from industrial things, 554.
Epiky, see Epikeia.
Bishop, as Ordinary. He can: in case of necessity make reduction and composition concerning legacies for pious causes, 493-at the end; annul the non-reserved vows of certain subjects, 735; suspend them, 736; dispense in them, 739; dispense: in the law concerning festive rest, 689-2; from the law of fasting and abstinence, 971. See also: Religious Superior.
Erroneous conscience, see Conscience I.
Expenses, to which in making restitution there is or is not held: the possessor in good faith, 299-C, 329-1; the possessor in bad faith, 303-C, 329-2. Payment of expenses: in the execution of a testament, 494-D; in the handing over and carrying away of the thing sold, 521-III, 522-II; in the custody: of a thing loaned for use, 573; of a thing deposited, 585, 586; in the execution: of a mandate, 589, 590, 592; of suretyship, 607; of pledge, 608.
Servants. Their offices toward their masters: of justice, 550; of piety, 823-4. Causes on account of which they can be excused: from the observance of feast days, 689-5, 703-4-b; from fasting and abstinence, 967-d, 968-4, 976-B. Their sins: through domestic thefts, 406-d-f, 527-2; through illicit occult compensation, 416-1-2.
Children. Offices of children toward parents, of piety, 819-823. Their dominion in external goods, 175, 176; in goods acquired by their own labor, 177. Their rights in hereditary succession, 501, 503, 505-A. Their freedom in choosing a state of life, 822-2. Their emancipation, 175-C-3. Their thefts from the goods of parents, 406-b. Their obligations as to: the sanctification of feasts, 689-5, 703-2; the law of fasting and abstinence, 967-d.
Fortitude. Treatise on Fortitude. Division of the Treatise, 901. Fortitude: notion, 899; definition, 900. It is a virtue, 902; a cardinal virtue, 905. Its: material object, primary material and formal object, 903, 906; acts: to sustain and to attack, 904, 907; martyrdom, 908-910; mean, 911; integral and potential parts, 914; precepts, 932. Gift of the Holy Spirit and beatitude annexed to Fortitude, 932. Vices opposed to Fortitude, 912, 913.
Fraud, opposed to prudence, 43-c. Fraud or deceit in damaging, 289, 291; in contracts, 458, 460; in buying-selling, 521; in a contract of partnership, 561; in insurance, 595-II-III, 597-I; in play, 600-C; in stock-exchange speculations, 604-II-III; in taxes, 630; in military service to be rendered, 632-634.
Theft. Its definition, 403; species, 403; gravity, 404; absolute or relative gravity: by reason of matter, 405; by reason of circumstances, 406; by reason of coalescence, 407. Causes excusing from theft: necessity, 410-412; occult compensation, 413. Restitution of a thing unjustly accepted: conditions, 291-293; obligation, 294, 295; measure: in voluntary or involuntary taking, 296-A; in taking from error, 296-B; in doubtful taking, 296-C; whether restitution can be made from goods of a diverse order, 297. Restitution of a thing unjustly detained, see Possessor. Sacrilegious theft, 805-2, 806. Theft of a profane thing in a sacred place, 403-2-a, 806-5.
Testamentary heirs and legatees, 494. Their rights and offices, 494. Those incapable of receiving an inheritance, 498. Necessary heirs, and the part of the inheritance reserved to them by law, the legitimate portion, 501. Heirs ab intestato, or legal successors: regular, 505-A; irregular, 505-B; excluded, 506. Faculty of accepting an inheritance: simply, 507-A; under benefit of inventory, 507-B; faculty of repudiating, 507-C. Of an inheritance: partition, 508; rescission, 510-1; security, 510-2. Collation of goods, 508; whether it binds conscience, 509. One receiving an inheritance from a possessor of doubtful faith, to what he is held, 307, 308. Restitution to be made to heirs because of homicide, 375.
Lord or master, see Master.
History of systems for the use of probability, Appendix.
Fasting: natural, eucharistic, moral, ecclesiastical, 949. Fasting is an act: of virtue, 950; of the virtue of abstinence, 951. Ecclesiastical fast, 952. Its precept: universal, 952, 953; particular, 953-at the end. Times dedicated to it, 953. Its essential object, i.e., one meal in the day, 954; licit: duration of the meal, 955; hour, 956; delay, 959-A; anticipation, 959-B; inversion, 959-C. Foods forbidden or not forbidden, and likewise drinks: outside the meal, 957; in the collation and small snack, 958. - Of the law of abstinence: object, 961, 964; times, 963. Who are held by the law of fasting and abstinence, 965. Excusing causes, 966: from the law of abstinence, 967; from the law of fasting, 968; a doubtfully excusing cause, 969; an exempting cause, or dispensation, 970-972. Gravity of the obligation, 973: as to fasting, 974; as to abstinence, 975. Cooperation toward violation of the law, 976.
Illegitimate children. Their exemption from parental power, 175. Their offices and rights toward parents, 388-5. Their rights as to inheritance, 498-B-4, 501; as to legal succession, 505-A-1. Obligations of the father or mother toward them if they are natural, 384, 385; if adulterine or spurious, 386-388.
Outlays, see Expenses.
Those not yet pubescent, see Minor.
Infant, see Minor.
Injury, actual injustice, 236. Its definition, 237; species, 238; gravity, 239, 244; species by reason of object: illegal or general, and particular concerning distributions and commutations, 241-243. Special acts of injury, 343, see the individual acts enumerated there. Reparation of injury, see Restitution. Principles of law: To one knowing and consenting no injury is done, 245; No injury is done when the master is unwilling irrationally, 246; Unjust intention alone does not constitute injury, 247.
Invalid, see Null.
Irreverence, see Reverence.
Judge, 636. His required qualities: jurisdiction, knowledge, integrity, 636-A-C. His offices: in fulfilling his charge, 637; toward an accused whom by private knowledge he has known to be: guilty, 637-3-a; innocent, 637-3-b; toward an accused doubtfully guilty, 637-3-c, 91-C; in applying a manifestly unjust law, 737-3-d; in reparation of injured justice, 636-B-C, 638. Judge of instruction, 640.
Judgment, as an act of prudence, 13. Judgment, condition of an oath, 751; of adjuration, 761. Rash judgment, 418, 419; its malice, 420; its reparation, 444. Judgment as it is an act of distributive justice, 612, 613; its licitness, 614; opposed sin, i.e., acceptance of persons, 616, 617; public judgment, 615.
Oath. Its definition, 742. Conditions for validity: it is an act of reason presupposing an act of the will, 743; it is invocation of divine testimony, 744, 745. Its licitness, 749. Its conditions that it be licit, 750-754. Its distinctions into: verbal, real, and mixed, 742-2 at the end; contestatory and execratory or imprecatory, 743-at the end; explicit and implicit, 745-at the end; assertory and promissory, 746. It is an act of the virtue of religion, 747. Of a promissory oath: conditions, 756, 754; effects, 755; obligation, 755; it is of lesser obligation than a vow, 755-1; it admits smallness of matter, 755-2. Of an oath: fulfillment, cessation, annulment, 757; interpretation, 758. Custom or habit of swearing, 799-2; whether petition of a vicious oath is licit, 799-3. Political oaths, 874. Oath added to a contract, 758-c-d, 475. Violation of an oath, see Perjury.
Right, object of justice. Its notion: objective and subjective right, or passive and active right; normative right, 149. Definition of objective and subjective right, 150. Essence of right, 151, 155. Its foundation: proximate, 152; ultimate, 153. Its species: natural and positive right, 156; political, paternal, dominative, economic right, 157-A; strict and non-strict right, 157-B; right in a thing and right to a thing, 158. Right in a thing, or dominion of property: its species, object, subject, acquisition, see Dominion. Saying: The highest right is the highest injury, 893-2. Errors concerning the nature and foundation of right, 154.
Oath, see Oath.
I. Justice, as it is a habit: notion, 134; definition, 135; properties, 136-138; object: material, 139, 140; primary material object, i.e., the just, 139-2; formal quo, i.e., motive, 139-3, 142; mean, i.e., the mean of the thing, 141, 253-3; proper act: to render to each his own, 143; distinction from other virtues, 145; excellence, 146-148.
II. Of justice: subject, 144; object, see Right. Of justice: integral parts, 250-251; subjective parts, see Legal Justice, Commutative Justice, Distributive Justice; potential parts: religion, 645-815; piety, 816-832; observance, 833-848; truth, 849-874; gratitude, 875-880; vindication, 881, 882; liberality, 884-887; affability, 888, 889; equity, or epikeia, 890-893.
Legal justice. Its: notion, 259; subject, 260, 265-1-4; necessity, 262. Its object: the common good, 264; good of the whole society, 265; common good: what things it includes, 267-269; in what it principally consists, 265. Procuration of the common good: through society itself, 263; through the cooperation of individuals, 264; through the rulers of society, 267, 271. Doctrine of the Church concerning procuring the common good, 269, 270. Defense of the common good, see War.
Location-conduction, contract, 540. Its species, 540-7. Location of things and its species, 541. Obligations: of the lessor, 542; of the lessee, 543. Leasing of fields and emphyteusis, 544. Location of work, 545; obligations: of the hirer, 546; of the contractor, 547. Conspiracies of lessees, 548. Dispositions concerning location: of civil law, 544, 548-3; of canon law, 544-4. Location of services, or contract of labor, 549; obligations: of workers, 550; of masters, 551, see Wage.
Godmother, see Godparents.
Merchants. Frauds to be avoided by them: in buying-selling, see Price; in occult compensation, 416-3.
Wages, see Wage.
Military service, see War.
Money, see Pecuniary Money.
Natural children, see Illegitimate Children.
Non-resisting person, see Non-manifesting Person.
Killing of self, direct or indirect, 349; malice of direct killing, 350, 351; canonical penalties upon suicides, 350-3; licitness of indirect killing, 352; illicit temerity in dangers of death, 353. Direct or indirect killing of neighbor, 355; power of legitimate authority to kill malefactors, 356-358. Direct killing of an innocent person, 359; indirect, 360, 364. Killing of an unjust aggressor, 361, 362; of an infant, or embryotomy and abortion, 363; casual killing of neighbor, 363-3; of a tyrant, 364-5.
Workers. Hiring of workers, or contract of labor, see Location-Conduction. Dismissal of workers, or lock-out, 557. Insurance of workers, 596. Their: obligations, 550; rights, 551, see Wage. Their thefts in the workshops of the master, 406-e. When they are excused from the law of abstinence, 968-4, and of fasting, 967-c.
Craftsmen, see Workers.
Oppression of a woman, see Violence.
Prayer, 661, 662; it is: an act of reason, 663; of religion, 664. Who can pray, 665; whom we can pray to, 666; for whom, 667; what things to ask in praying, 668. Mental and vocal prayer, 669. For vocal prayer there are required: utterance of words, 670; intention, 671; attention, 672; the Lord's Prayer and its excellence, 673. Public and private prayer, 674. Of prayer: parts, 675; necessity, 676, 677, 680; its obligation and extension, 677, 678; effect, 679.
Pope, see Pontiff.
Parents. Their offices toward children, 824-828; upon which parent these offices fall in the case of: adultery, 386; defilement, 384-I; defilement not unjust, 384-II. Obligation of parents as to schools to be chosen for children, 827. Their obligations as to damages inflicted by children, 316-7. Power of parents concerning the vows of children, 735, 736; concerning dispensation from fasting and abstinence, 972-3. Their obligation as to the choice of state of life for children, 822-2, 828-b.
Father. His offices of piety toward children, 825-828. His rights in the goods of children, 176-178. He can annul or suspend the vows of children, 735, 736. He cannot dispense children from the law of abstinence, 972-3. Obligations of the father toward offspring born from defilement: unjust, 383; not unjust, 384; from adultery, 386, 387; obligation and mode of restitution, 388.
Risk of the principal, title for receiving interest, 578-3. Dangers of death, reputation, etc., see Death, Reputation, etc.
Piety, part of justice, 816. Its object, 817. Its distinction: from strict justice, 818-1; from legal justice, 818-2. Piety toward God, 818-3. Pious works or works of mercy, 818-4. Offices of piety: of children toward parents, 819: of love and aid, 820; of reverence and honor, 821; of obedience, 822; of disciples toward teachers, 823; of servants toward members of the family, 823-4. - Offices of piety: of parents toward children, 824: love, 825; education, 826, 827; providence, 828; of teachers toward disciples, 829; of masters toward servants, 829-3; mutual between spouses, 830-832. Piety toward the fatherland, 816, 835-1. - Piety, gift of the Holy Spirit, 894.
Possessor of another's thing, 298. Possessor in good faith as to restitution, 299; restitution: if there were several possessors, 300; if the possessor received the thing from a thief, 301. - Possessor in bad faith, 302; as to restitution, 303; restitution: if the thing would equally have perished with the owner, 304; if the thing had various value, 305. - Possessor of doubtful faith, 306; as to restitution in case of doubtful faith: antecedent, 307; subsequent, 308.
Apostolic prefect, see Apostolic Vicar.
Religious prelate, see Religious Superior. - Prelate nullius, see Bishop.
Prescription, 225. Acquisitive prescription (usucaption) and liberative prescription, 225. Acquisitive prescription, mode of acquiring dominion, 226; its conditions: thing apt to be prescribed, 227; prescriptive possession, 228; title of prescription, 229; good faith: moral, juridical, 230; time required, from civil law, 231-A; from canon law, 231-B. - Liberative prescription, 233; its conditions, 235; time required: from civil law, 233-note; from canon law, 234. Whether the bad faith of a predecessor harms a successor, 232.
Price, matter of buying, 514. On what the value of a thing and its price depend, 514. Causes of increase or diminution of price, 514. Legal, common, conventional price, 517. Supreme, lowest, middle price, 517-b. Necessary equality between merchandise and price, 525; extrinsic titles for equality not to be observed, 516. Use of legal, common, conventional price, 517-I-III. Determination of just price, 514, 519-2. Whether special utility of the thing is a title for increasing the price, 518. Injustices concerning just price: on the part of sellers, 514, 519, 520; on the part of buyers, 520. - Just price in the contract of insurance, 595. - Simoniacal price, 808-2.
Offspring, see Children.
Property, see Dominion.
Definition of prudence: natural, 3; supernatural, 4. Of prudence: necessity, 5; subject: practical reason, 7-9, using cogitative power, 10; material object, primary material and formal object, 11, 8-3; object in order to the other virtues: it does not pre-establish the end for them, 12-1; determines the mean of reason, 12-2; orders to the end, 10-2; acts, 13, 14.
Prudence is: a virtue, 15; a special virtue, 16; an intellectual virtue, 17; a moral virtue, 11-3. Its species, 10-2, 18, 27. Its cause, 20. Its parts: integral, 23-26; subjective, 27, 28; potential, 29-31. Its loss, 21. Subject of supernatural prudence, 19; its distinction from natural prudence, 20. - Annexed gift of the Holy Spirit: Counsel, 32-34. - Sins opposed to prudence: imprudence, 36-40; false prudence, 41-45. Formation of a prudent conscience, see Conscience.
Boy, girl, see Minors II.
Quasi-contract, 453-C-note.
Regulars, see Religious.
Religion, as a virtue. Its: notion, 645; definition, 646. It is a moral virtue, 647. Its material object, primary material and formal object, 647, 648-2. Its mean, 648-4. Its distinction from strict justice, 648-3; from other virtues, 648-6-9. Its excellence, 648-10. Its object, 649-654, see Cult. Its acts, 655. Sins opposed to it, 769.
Thing, as they are: object of dominion, 166; object of dominion to be acquired: vacant, derelict, lost things, 201, 202. Occupation of a vacant or derelict thing, see Occupation; finding of a lost thing, 216. Prescriptible and non-prescriptible things, 227. Things which can be objects of contracts, 461. Principles of law: The thing cries out for its owner, fructifies for its owner, perishes for its owner, no one ought to be enriched from another's thing, 160. - Sacred things are not apt to be objects of an onerous contract, 464-3, 513, 808-3; nor are they absolutely prescriptible, 227-2-b. Their violation through sacrilege, 806, 807, 1013-3; through divinatory use, 789. Spiritual thing or thing annexed to the spiritual in simony, 808.
Restitution. Its: definition, 278; relation: to commutative justice, 254, 279; to legal and distributive justice, 254, 295. Its necessity, 282. Its precept, 284. From what its obligation arises, 288: unjust taking, 289; detention, 298; both together, 302; cooperation, 309. See the individual entries. Restitution: to whom it is owed, 320-323; in what order, 324, 325; in what mode, 326, 327; in what place, 329; at what time, 332; whether it can be made from goods of a diverse order, 297. Causes excusing from restitution: for a time, 335-339; in perpetuity, 340-342. Restitution: of damage in spiritual goods, 344-348, 376-II; of damage inflicted by homicide and wounding, 375-377; of damage inflicted by defilement, 383-385; by adultery, 386-388. Restitution of reputation, 444-446; of honor, 447. Restitution: because of a contract entered by one incapable, 468-IV; because of usury, 583-B-5; because of fraud in insurance, 595; because of goods of the community unjustly conferred, 622-B; because of taxes unjustly defrauded, 630; because of military service fraudulently avoided, 633; because of an unjust judicial sentence, 638; because of false testimony, 642, 863; because of simony, 815.
Sacrifice. I. Its name and notion, 692. Definition of sacrifice strictly so called, 694; it is of natural law, 693. Essence of sacrifice: external oblation, made to God, of a sensible thing, signifying the internal oblation of the soul to God, 694. - Diverse species of sacrifice, 695. Twofold sacrifice of the New Law, 696, 697.
Socialism, 392; its: forms, 392; causes, 393; history, 394. - State socialism, 395-1; agrarian socialism, 395-2; collectivism or Marxism, 394-II, 395-3; syndicalism, 395-4. - Socialist doctrines are refuted: from the legitimacy and moral necessity of private dominion, 396, whose legitimacy is acknowledged both by Sacred Scripture, 397-A, and by the tradition of the Church, 397-B, and whose legitimacy together with necessity reason also demonstrates, 397-C, and greater adaptation to present-day necessities, 398; they are refuted from their inconveniences, 400-6-8; the objections of socialists are refuted, 401. Shoals to be avoided as to dominion: individualism and collectivism, 399. Remedies against socialism, 402.
Perfect society is that which is ordered to the perfect common good, 265. Twofold perfect society: the civil State and the Church, and the object of each, 265. In each society there exists legal justice, 265. Defect in the regime of a perfect society, 266. - Society: of humanity, 265-2; of Nations, 256-4, 265-2, 276.
Sisters, as to charity and justice, see Brothers.
State, or perfect society, 265, 263. Its proximate end, i.e., temporal happiness of the whole society, 265. Happiness of the State, or the common good, in what it consists and how it is obtained, see Legal Justice. The State is guardian of the just, 268-2, 269-5. Just intervention of the State for procuring, in present-day necessities, the common good, 269; especially: as to private property, 396-4, 399-B, 402-2; as to the contract of labor, 555; limits of this intervention, 270. - Obligations of the State in defense of the common good, see War. Obligations of the State prescind from the particular form under which the State subsists, 271. - Dominion of the State, public and private, 199-I, 200. - The State as to marriage. It cannot absolutely and perpetually prohibit from marriage or impose sterilization, 370-e.
Legal succession, 504. Order of succession, 505. Those excluded from succession, 506. Option of accepting or repudiating succession, 507. Acceptance under benefit of inventory, 507. Partition of inheritance and collation of goods, 508; obligation of collation in conscience, 509; rescission and security of partition, 510. Proportion to be observed in payment of debts, 510-3. - Testamentary succession, see Testament.
Suicide, see Killing of Self.
Moral systems for forming a sufficiently certain conscience while doubt stands, 77. Historical note concerning them, Appendix.
Testament, 490. Origin of the right of making a testament, 491. Conditions, from civil law, for the value: of a testament in extraordinary form, 492-A; of a holograph testament, 492-B; of a public or solemn testament, 492-B-2; of a mystic or secret testament, 492-B-3. Value of an informal testament: for profane causes, 493-1-3; for pious causes, 493-4. Rights and burdens of legatees, 494. Cessation of a testament, 495. Those incapable, from civil law, through testament: of donating, 497; of receiving, 498. Modes of testating prohibited by law, 499; obligation of this prohibition in conscience, 500. Legal reservation, or legitimate part, 501; obligation of reservation, 502. See Succession.
Tributes, or taxes, 624. Conditions of a just tax, 625, 631-3; its obligation in conscience, 626, 627; obligation of a doubtfully just tax, 631-1; taxes improperly so called and their obligation, 631-4. Whether a law imposing taxes is merely penal, 627, 628. Modes of imposing, assessing, exacting taxes, and how they oblige, 629, 631-5. Restitution because of defrauded taxes, 630, 631-2. - Tributes or subsidies owed to ministers of the Church, 708.
Safer, safe, less safe, 74-b. The safer course is to be taken: in practically practical doubts, 89; in doubt about the validity of an act to be placed from necessity of means to the end, 90. The safer course is to be taken: from the law of charity, 91-A; from the law of religion, 91-B; from the law of justice, 91-C. Whether the safer course is to be taken only in those things which are toward another, 94-6.
Usury, 576. Injustice in receiving interest from an intrinsic title, or by force of mutuum, 577. Justice of interest received from an extraneous title, not by force of mutuum, 578, 579. Various modes proposed for justifying moderate interest, 581. Evolution of moral doctrine concerning mutuum and usury, 582. Obligation of Charity in mutuum, 583-A. Taxation of just interest, 583-B.
Wife. Her offices and rights as to dominion of goods, 180-182. Dispositions of civil law as to dominion of wives, 183-190. Wife's rights: as to contracts, 468-III, 469; as to donations, 497-2, 498-3; as to legal succession, 505-B. Her domestic thefts, 406-a. Her offices of piety: toward her husband, 832; toward children, 825, 826. Her vows, 735, 736; obligation as to the law of fasting and abstinence, 967-d, 976-A. Her debts in case of adultery, 386-388. Her cooperation: toward injury of the law of abstinence, 976-A, C-3.
Validity of contract, vow, oath, see Contract, Vow, Oath.
Value of a thing, usual or venal value, causes of diverse value, etc., see Price.
Taxes, see Tributes.
Veracity, see Truth.
Apostolic vicar: as to jurisdiction in each forum, see Bishop.
Capitular vicar: as to ordinary jurisdiction in each forum, see Bishop.
Violent, see Violence.
Man, see Husband.
Vice. Restraint of vices through civil laws, 269-2. - Vices of a thing to be sold to be manifested, substantial or accidental, 521-II; redhibitory vices, 521-II-A. Vices to be manifested of a thing to be leased, 541; of a thing loaned for use, 573; lent as a mutuum, 574; to be deposited; to be insured, 594-II.
Pleasure, see Delight.
Vow. Its definition, 710. Conditions of a vow: on the part of the one vowing, 711-713; on the part of matter, 716-720; sins of one vowing invalid matter, 721. - Obligation: of a vow, 722, 723; of a doubtful vow, 725; of a conditional vow, 728; of a penal vow, 729; of an alternative or disjunctive vow, 730. Of obligation: fulfillment, 724, 726, 727; cessation, from within, 733; from without: through annulment, 734, 735; through suspension, 736; through dispensation, 737; through commutation, 739; just causes of removing the obligation, 740. Utility of vows, 714, 715. - Vows reserved to the Supreme Pontiff, 738.
Wounding, see Mutilation.