Article — Vermeersch, Theologia Moralis

Appendix: On the Perfection of Justice

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I. Justice is perfected by the virtue of Equity. That virtue, midway between justice and charity, and a potential part of justice, bends the soul to the human use of right.

It is a certain mitigation of strict right; - it observes in another some imperfect title to obtaining something, as when, beyond the promises of a contract, one divides a part of extraordinary profit among the workers, and thus shows himself nearer to justice than to charity.

We call that use of right human which is becoming to be employed by man, with attention to the term of right, which is another man bound by the office of justice.

From its genus, equity does not oblige under grave sin, because the title which it observes in another is imperfect, and the defect of equity proceeds not from some hatred of neighbor but from an excessive affection for one's own right.

When it is violated without injury of right, it induces no debt of restitution.

From that special virtue you ought to distinguish the equitable interpretation and application of right which is owed by the judge from office, and the benign interpretation of law, contrary to the words but according to the mind of the legislator, which is called epiikia or epikeia and is also prudently permitted to a private man.

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II. Justice is perfected by the virtue of Liberality. , which, moderating the love of money, makes us easy and prompt to spend it when reason dictates.

Especially when that reason is mercy and beneficence, the virtue procures such a use of material goods as is demanded by their first destination.

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III. Justice is perfected by the virtue of Gratitude. , which equalizes, with the affection of the benefactor, the will of him who has been moved by the benefit.

This is a certain justice common to the rich and to the needy. While the question concerned restitution, the question was about compensation of a damage of a higher order through a material return. Gratitude understands, in the material benefit, the affection of the giver, and, transcending the material benefit, strives to equalize the affection.

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IV. Justice is perfected by the very virtue of Charity. For since the observance of rights is, as it were, the first condition of peace among men, justice can be considered as a certain beginning of friendship, which queen charity leads to the summit of unity with God and neighbor.

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Conclusion. In order that we might consult for the weaker, we proposed what can be tolerated in rigor, while the substance of justice is preserved; but we did not pass over in silence what is more honorable.

There is a certain common or lowest probity, which refuses strict servitude to exterior things, yet does not know how to reject even anxious solicitude. Wherefore it carries a divided heart and attains only imperfect peace.

But there is also eminent probity, which meditates triumphing over external things.

This admits nothing even merely suspect, neither in the thing nor in the mode. By the complete repudiation of servitude it attains perfect liberty.

But if you consider what force there is in concupiscences for tempting man; what most praiseworthy affections, as of piety toward children, sometimes seem to advise less straight ways; what human confusions can sometimes be avoided only by fraud, while, on the contrary, the greatest worldly rewards are promised to a less scrupulous boldness, we shall easily understand that that exquisite probity communicates its nobility only to a few, and can scarcely be acquired without the power of the Most High. Wherefore St. Paul, in the Epistle to the Galatians, V, 22. 23, where he enumerates the fruits of the Holy Spirit, ascribes the more perfect honesty itself(*) to the possession of the Holy Spirit.

Therefore let us inculcate and promote better and more perfect honesty by public preaching and private counsels. The good of the Church demands this, whose faithful ought to edify others by more perfect virtue; the greater and happier order of the state demands this; the peace and happiness of one's own conscience demands this.

But that our exhortation may be efficacious, let us at the same time strive to raise souls to that holy love of God by which, made superior to earthly things, we may pursue the highest justice, which consists in perfectly fulfilling the divine will and of which it has been said:

"Blessed are they who hunger and thirst for justice"!

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Summary

I. Justice is perfected by the human use of rights, to which the virtue of equity inclines, so that a man, on account of a reasonable cause, exacts less than he strictly could; and recognizes in others even imperfect titles to obtaining something. That virtue occupies a middle place between justice and charity.

II. Justice is perfected by liberality, which uses exterior things according to their first destination.

III. Justice is perfected by gratitude, which tries to equalize the affection of the benefactor.

IV. Finally, justice is perfected by charity itself. For because the observance of rights is the condition of peace which charity makes intimate, it can be considered as friendship begun, which queen charity itself leads to the summit of unity with God and neighbor.

More perfect justice is numbered among the fruits of the Holy Spirit.

(*) By the name of goodness, ἀγαθωσύνη, probity is designated.