Treatise XI. On The Virtue Of Justice And The Opposed Vices

St. Thomas, S. theol. 2, 2, q. 57 sqq.; St. Alphonsus, Theol. mor. lib. 3, n. 486-961. Dom. Soto, Lugo, Molina, Lessius, Billuart, etc., also published excellent treatises on right and justice. Among modern authors worthy of mention are Waffelaert, Tract. de iust. (Bruges 1885); Marres, De iust. (Roermond 1889, 2nd ed.); Vermeersch, De iust. (Bruges 1901), and very many others, whom it would be long to enumerate.

Order Of Things To Be Said. After the treatise on the virtue of prudence, it is necessary to treat of the virtue of justice, which among the moral virtues stands out under a twofold respect, namely of subject and of object. For justice is subjectated in the nobler part of the soul, namely in the will; but the other moral virtues reside in the lower appetite, as fortitude in the irascible appetite, temperance in the concupiscible appetite. Prudence, however, which resides in the practical intellect, is not a merely moral virtue, but also an intellectual one, as was said above, I, n. 457. By reason of object, justice stands out among the other moral virtues, since they are praised only according to the good of the virtuous man himself; but justice is praised, moreover, according as the virtuous man is well-disposed toward another,¹ and therefore justice is especially necessary for human society. The most noble virtue of justice has several potential parts, whose office is to render what is due to persons joined to us in a special way, for example, to God, parents, etc. From this it follows that the virtue of justice, with its potential parts, comprises almost all things which are commanded in the whole Decalogue, except the sixth and ninth precepts. But since clarity would be little served if almost the whole Decalogue were explained under one single treatise, we divide this Treatise XI into two sections, namely:

On right and on the virtue of justice itself.
On the potential parts of the virtue of justice.

¹ Cf. S. theol. 2, 2, q. 58, a. 12.

Justice and Rights (Seventh and Tenth Commandments)

Within this treatise

Section I. On Right And On The Virtue Of Justice Itselfnn. 1–322
- Question I. On Right Itselfnn. 1–69
- Question II. On The Virtue Of Justice Considered In Itselfnn. 70–73
  - Chapter I. On The Notion Of The Virtue Of Justicen. 70
  - Chapter II. On The Parts Of Justicenn. 71–73
    Article I. On The Subjective Parts Or Species Of Justicen. 71
    Article II. On The Integral Parts Of Justicen. 72
    Article III. On The Potential Parts Of Justicen. 73
- Question III. On The Violation Of Justice And The Reparation Of Violated Justicenn. 74–247
  - Chapter I. On Injustice In Generalnn. 74–76
  - Chapter II. On The Unjust Taking Away Of Another's Thingnn. 77–90
    Article I. On The Nature And Gravity Of Theft In Generalnn. 78–81
    Article II. On Certain Thefts In Particularnn. 82–85
    § 1. On Petty Thefts In General
    § 2. On Domestic Petty Theftsn. 83
    § 3. On Theft In Public Things, Or On Peculatenn. 84–85
    Article III. On Causes Excusing The Taking Away Of Another's Thingnn. 86–90
    § 1. On Extreme Necessity As An Excusing Causenn. 86–87
    § 2. On Occult Compensationnn. 88–90
  - Chapter III. On Unjust Damagingnn. 91–201
    Article I. On Unjust Damaging In Generalnn. 91–99
    Article II. On Cooperative Damagingnn. 100–110
    § 1. On Positive Cooperationnn. 101–108
    1. Command, Mandaten. 101
    2. On The One Counselingnn. 102–103
    3. On The One Consentingnn. 104–105
    4. On The Flatterern. 106
    5. On The One Providing Recoursen. 107
    6. On The Participantn. 108
    § 2. On Negative Cooperationnn. 109–110
    Article III. On Unjust Damaging By Deeds In The Goods Of The Human Bodynn. 111–152
    § 1. On Injury Against One's Own Bodynn. 112–117
    § 2. On Injury Against The Body Of The Neighbornn. 118–146
    1. On The Killing Of An Evildoer Or On Bloody Punishmentnn. 118–119
    2. On The Killing Of An Unjust Aggressor Or On Bloody Defensenn. 120–123
    3. On Duelingnn. 124–128
    4. On Warnn. 129–130
    5. On The Killing Of The Innocent In Generalnn. 131–132
    6. On Craniotomynn. 133–136
    7. On The Procurement Of Abortionnn. 137–146
    § 3. On Injury From Stuprum, Fornication, Adulterynn. 147–152
    a) On The Reparation Of Damage Arisen From Any Carnal Intercoursenn. 147–150
    b) On The Reparation Of Damage Arisen From Adulterous Intercoursenn. 151–152
    Article IV. On Unjust Damaging By Wordsnn. 153–201
    I. On Injuries By Words In Judgmentnn. 153–164
    § 1. On The Obligations And Sins Of The Judgenn. 153–158
    § 2. On The Obligations And Sins Of The Accuser And The Plaintiffn. 159
    § 3. On The Obligations And Sins Of Witnessesnn. 160–161
    § 4. On The Obligations And Sins Of The Advocaten. 162
    § 5. On The Obligations And Sins Of The Accused Or Defendant In Criminal Judgmentnn. 163–164
    II. On Injuries By Words Outside Judgmentsnn. 165–201
    § 1. On Truthfulnessn. 165
    § 2. On Lyingnn. 166–170
    § 3. On Mental Restriction And Amphibologynn. 171–174
    § 4. On Violation Of Secretnn. 175–181
    § 5. On Injury To Honornn. 182–186
    § 6. On Injury To Reputationnn. 187–198
    § 7. On Rash Judgmentnn. 199–201
  - Chapter IV. On Restitution Or The Reparation Of An Injured Rightnn. 202–247
    Article I. On The Obligation Of Restitution In Generalnn. 202–206
    Article II. On The Roots Of Restitution To Be Madenn. 207–227
    § 1. On The First Root Of Restitution, Or On The Possession Of Another's Thingnn. 208–222
    1. On The Possessor In Good Faithnn. 209–215
    2. On The Possessor In Bad Faithnn. 216–220
    3. On The Possessor In Doubtful Faithnn. 221–222
    § 2. On The Other Root Of Restitution, Or On Unjust Damagingnn. 223–227
    Article III. On The Manner And Circumstances Of Restitutionnn. 228–240
    § 1. To Whom Restitution Is To Be Madenn. 228–236
    § 2. At What Time Restitution Is To Be Maden. 237
    § 3. In What Place Restitution Is To Be Madenn. 238–239
    § 4. In What Manner Restitution Is To Be Maden. 240
    Article IV. On Causes Excusing From Restitutionnn. 241–247
    § 1. On Exempting Causesnn. 241–242
    § 2. On Causes Excusing for a Timenn. 243–247
- Question IV. On Contractsnn. 248–322
  - Chapter I. On Contracts in Generalnn. 249–266
    Article I. On the Notion and Division of Contractsnn. 249–251
    Article II. On the Requisites for a Contractnn. 252–259
    § 1. On Suitable Matternn. 252–253
    § 2. On Persons Capable of Contractingn. 254
    § 3. On Legitimate Consentnn. 255–258
    § 4. On the External Form of Contractsn. 259
    Article III. On the Effect or Obligation of Contractsnn. 260–266
  - Chapter II. On Contracts in Particularnn. 267–322
    Article I. On Gratuitous Contractsnn. 267–290
    § 1. On Gratuitous Promisenn. 267–269
    § 2. On Donationnn. 270–282
    1. On Donation in Generaln. 271
    2. On Donation Inter Vivos and in Prospect of Deathn. 272
    3. On Donation by Testamentnn. 273–279
    4. On Presumed Donation, or Intestate Successionnn. 280–282
    § 3. On Loan for Use, Precarium, Deposit, Sequestration, Mandate, and Management of Affairsn. 283
    § 4. On Loan for Consumption and Usurynn. 284–290
    Article II. On Onerous Commutative Contractsnn. 291–312
    § 1. On Purchase and Sale in Generalnn. 291–301
    1. On Merchandise and the Obligation of the Sellernn. 292–294
    2. On the Price and the Obligation of the Buyernn. 295–301
    § 2. On Certain Kinds of Purchase and Salenn. 302–304
    § 3. On Letting and Hiringnn. 305–312
    Article III. On Aleatory Contractsnn. 313–322
    § 1. On Insurancen. 314
    § 2. On Wageringn. 315
    § 3. On Gamesnn. 316–319
    § 4. On Lotteriesn. 320
    § 5. On Stock-Exchange Speculationsnn. 321–322
Section II. On the Potential Parts of the Virtue of Justicenn. 323–619
- Question I. On the Virtue of Religion (or on the First Three Precepts of the Decalogue)nn. 323–567
  - Chapter I. On the Nature of Religionnn. 323–327
  - Chapter II. On the Acts of the Virtue of Religionnn. 328–499
    Article I. On Devotionnn. 328–330
    Article II. On Prayernn. 331–381
    § 1. On the Notion and Division of Prayernn. 331–337
    § 2. On the Object of Prayernn. 338–345
    1. What Things Can Be Asked in Prayer?nn. 338–339
    2. For Whom Is Prayer to Be Made?nn. 340–342
    3. To Whom Are Our Prayers to Be Directed?nn. 343–345
    § 3. On the Necessity of Prayernn. 346–348
    § 4. On the Efficacy of Prayer and Its Conditionsnn. 349–359
    § 5. On the Canonical Hours and Certain Other Prayersnn. 360–370
    § 5. The Manner of Reciting the Officenn. 371–381
    Article III. On Adorationnn. 382–387
    Article IV. On Vowsnn. 388–435
    § 1. On the Nature and Division of a Vownn. 388–391
    § 2. On the Subject of a Vownn. 392–398
    § 3. On the Object of a Vownn. 399–401
    § 4. On the Obligation of a Vownn. 402–408
    § 5. On the Cessation of a Vow Intrinsicallynn. 409–410
    § 6. On the Cessation of a Vow Through Invalidationnn. 411–419
    § 7. On the Cessation of a Vow (or of Its Obligation) Through Dispensationnn. 420–428
    § 8. On the Cessation of a Vow (or of Its Obligation) Through Commutationnn. 429–435
    Article V. On the Oathnn. 436–459
    § 1. On the Notion and Division of an Oathnn. 437–438
    § 2. On the Lawfulness of an Oath and Its Requisite Conditionsnn. 439–447
    § 3. On the Obligation of an Oathnn. 448–455
    § 4. On the Violation of an Oath, or Perjurynn. 456–459
    Article VI. On Adjurationnn. 460–464
    Article VII. On the Observance of Sunday and Feast Daysnn. 465–499
    § 1. On the Nature and Origin of the Worship to Be Rendered on Sundays and Feast Daysnn. 465–470
    § 2. On the Utility of the Sanctification of Sunday and Feast Daysnn. 471–475
    § 3. On the Precept of Hearing Massnn. 476–487
    § 4. On Cessation from Servile Worksnn. 488–499
  - Chapter III. On the Vices Opposed to the Virtue of Religionnn. 500–567
    Article I. On Superstition in Generaln. 501
    Article II. On Idolatrynn. 502–505
    Article III. On Divinationnn. 506–513
    Article IV. On Vain Observancenn. 514–517
    Article V. On Magic and Maleficenn. 518–519
    Article VI. On Magnetism, Hypnotism, and Spiritismnn. 520–525
    Article VII. On the Tempting of Godnn. 526–528
    Article VIII. On Blasphemynn. 529–535
    Article IX. On Sacrilegenn. 536–554
    § 1. On Sacrilege in Generalnn. 536–539
    § 2. On Personal Sacrilegenn. 540–544
    § 3. On Local Sacrilegenn. 545–550
    § 4. On Real Sacrilegenn. 551–554
    Article X. On Simonynn. 555–567
    § 1. On the Nature, Division, and Malice of Simonynn. 555–560
    § 2. On Simony of Divine Lawnn. 561–563
    § 3. On Simony of Ecclesiastical Lawn. 564
    § 4. On the Penalties of Simoniacsnn. 565–567
- Question II. On the Virtues of Piety, Observance, and Obedience, or on the Fourth Precept of the Decaloguenn. 568–604
  - Chapter I. On Piety, Observance, and Obedience in Generalnn. 569–579
    Article I. On Pietynn. 569–571
    Article II. On Observancenn. 572–574
    Article III. On Obediencenn. 575–579
  - Chapter II. On the Same Virtues as They Must Be Observed by Children, Parents, Etcnn. 580–604
    Article I. On the Obligations of Children Toward Parentsnn. 580–586
    Article II. On the Obligations of Parents Toward Childrennn. 587–590
    Article III. On the Obligations of Spousesnn. 591–594
    Article IV. On the Obligations of Masters and Servantsnn. 595–596
    Article V. On the Obligations of Teachers and Pupilsnn. 597–598
    Article VI. On the Obligations of Rulers and Subjectsnn. 599–604
- Question III. On the Other Virtues Annexed to Justice, Namely, Gratitude, Vindication, Affability, Liberality, and Epikeiann. 605–619
  - Article I. On Gratitudenn. 605–609
  - Article II. On Vindicationnn. 610–611
  - Article III. On Affabilitynn. 612–614
  - Article IV. On Liberalitynn. 615–616
  - Article V. On Epikeia or Equitynn. 617–619