A Topic of Moral Theology
Duties of Judges
The judge's office: the duty of competence and integrity, just judgment according to law and evidence, and the sin of bribery.
The works themselves ask 75 questions under this heading — see them together with their answers.
Within this topic
- The judge's competence and just sentence
- Judging by the evidence, not private knowledge
- The judge and unjust laws
- Arbitrators, referees and jurymen
See also Capital Punishment — in Life and Bodily Integrity (Fifth Commandment)
Also asked about as…
juror · jury duty · sentencing (ed.)
In the index as Judge · Various offices: judge · Jurors (Jurati) · Divorce · Judgment · Accused Person · Insanity · Sentence · Denunciation in general · Judge cooperating with an unjust law · Procurator · Gifts · Notary · Office, what it is · Process · Accuser · Advocate · Arbiter (Arbiter) · Bailiffs · Cleric · Crime · Declaratory, decisive sentence · Denunciation · Innocent
In the manuals
Read the manuals side by side → — each work's whole treatment in its own column
A Manual of Moral Theology for English-Speaking Countries
Vol. I, Bk. VII, Pt. I, Chapter IV. The Matter of Contract, n. 4 — The matter must be something of which the contracting party has the disposal, or of which he will have the disposal when the contract has to be executed, for he cannot transfer to another what he cannot dispose of. When … Read in context →
Vol. II, Bk. I, Pt. I, Chapter I. Duties of Judges, nn. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)
Vol. II, Bk. IX, Chapter VII. The Properties of Marriage, n. 4 — Although questions concerning divorce and the separation of married people belong of right to the ecclesiastical court, in most modern States the civil authority claims and exercises jurisdiction in these matters. May Ca… Read in context →
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. II, Tr. II, Diss. III, Pt. I, Section I. On Judges, nn. ¶1, 1130, 1131, 1132, 1133, 1134, 1135, 1136 & 1137 (9 passages — hover a number to read it)
Vol. I, Bk. II, Tr. II, Diss. III, Pt. I, Section II. On Jurors, n. 1138 — I. Jurors are called citizens constituted for giving judgment concerning the guilt of some accused person, especially concerning a more serious crime. When this judgment has been given by the jurors, ordinarily judges pr… Read in context →
Vol. I, Bk. II, Tr. II, Diss. III, Pt. II, Section I. Preliminary Notes, n. 1153 — IV. The Privileges of Clerics. Privileges are those things which have been added to rights by positive law. They are: the privilege of the canon, the privilege of the forum, the privilege of exemption, and the privilege … Read in context →
Vol. II, Bk. III, Tr. VIII, Diss. II, Appendix II. On the Separa…, Part II. On Semi-Full Divorce, n. 844 — Question 1. Whether it is ever licit to petition for civil divorce. Response 1. If the marriage is invalid from any cause whatever and has been declared such by competent ecclesiastical authority, it is licit, by petitio… Read in context →
Moral Theology: A Complete Course (McHugh & Callan)
Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Homicide, n. 1825 — Judges and Executioners in Canon Law. Judges and Executioners in Canon Law.—According to the law of the Church (Canon 984, nn. 6, 7), those who pass the death sentence as judges and the executioners and their immediate and voluntary helpers become irregular … Read in context →
Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Judges, nn. 1940–1963 (24 passages)
Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Defendants, n. 1979 — Legal Right of a Judge to Question a Prisoner about His Guilt. Legal Right of a Judge to Question a Prisoner about His Guilt.—(a) According to older legislation a judge had this right, and could enforce it by torture, when the common good was involved and the guilt of the prisoner w… Read in context →
Institutions of Moral Theology (Institutiones Theologiae Moralis)
Vol. III, On the Particular Obligati…, I. On Judges, nn. 1–23 (23 passages)
Vol. III, On the Particular Obligati…, III. On Jurors, nn. 28, 29, 30 & 31 (4 passages — hover a number to read it)
Vol. III, On the Particular Obligati…, III. On Beneficiaries in General, n. 202 — Must examiners judge not only concerning the knowledge of the competitors, but also concerning the other moral endowments? - Reply: Affirmatively. "When the examination has been completed," says Trent, "let as many as ha… Read in context →
Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)
92. On the Provincial Prefect, on Judges, on the Mayor, nn. 1, 2, 3, 4, 5, 6 & 7 (24 passages — hover a number to read it)
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. II, Treatise on Particular Sta…, Part First. On the State o…, Chapter I. On the Obligations of Judges, nn. 1, 2, 3 & 4 (24 passages — hover a number to read it)
Vol. II, Treatise on Particular Sta…, Part First. On the State o…, Ch. I, Appendix I. On Jurors, nn. 5 & 6 (5 passages — hover a number to read it)
Vol. II, Treatise on Particular Sta…, Part First. On the State o…, Ch. I, Appendix II. On Arbiters, nn. 7 & 8 (7 passages — hover a number to read it)
Theologia Moralis: Principles — Responses — Counsels
Vol. II, Bk. II, Tractate V: On Justice, Chapter VII: On Offices, nn. 506–533 (28 passages)
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Medical Practice, Lecture VIII. The Legal Aspects of Insanity, nn. ¶1–¶32 (32 passages)
Manuale Theologiae Moralis
Vol. II, Tr. XI, Sect. I, Q. III, Ch. III, Art. IV, I. On Injuries By Words In…, § 1. On The Obligations And Sins Of The Judge, nn. 153, 154, 155, 156, 157 & 158 (6 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON PARTICULAR STA…, PART FIRST: ON THE STATE O…, CHAPTER I: ON THE OBLIGATIONS OF JUDGES, nn. ¶1052, ¶1053, ¶1054 & ¶1055 (4 passages — hover a number to read it)
Vol. I, TREATISE ON PARTICULAR STA…, PART FIRST: ON THE STATE O…, APPENDIX I: ON JURORS, nn. ¶1056 & ¶1057 (2 passages — hover a number to read it)
Vol. I, TREATISE ON PARTICULAR STA…, PART FIRST: ON THE STATE O…, APPENDIX II: ON ARBITERS (Arbitrators), nn. ¶1058 & ¶1059 (2 passages — hover a number to read it)
Institutiones Morales Alphonsianae
Vol. II, Pt. IV, Tr. III, Chapter II: On The Offices Of Those Who Are Engaged In The Forum, nn. ¶2293, ¶2294 & ¶2295 (3 passages — hover a number to read it)
Vol. II, Pt. IV, Tr. III, Ch. II, Article I: On The Persons Constituting The Judgment, n. ¶1 — Three persons, the plaintiff, the defendant, and the judge, as we have said, are found in every judgment. Nevertheless it is not always required that the plaintiff, or accuser, be a distinct person; for the judge can, on… Read in context →
Vol. II, Pt. IV, Tr. III, Ch. II, Art. I, § 1. Concerning The Judge, nn. ¶2296, ¶2297, ¶2298, ¶2299, ¶2300, ¶2301 & ¶2302 (7 passages — hover a number to read it)
Vol. II, Pt. IV, Tr. III, Ch. II, Art. I, § 2. Concerning The Plaintiff And Denouncer, nn. ¶2303, ¶2304, ¶1, ¶2, ¶2305, ¶2306, ¶2307 & ¶2308 (8 passages — hover a number to read it)
Vol. II, Pt. IV, Tr. III, Ch. II, Art. I, § 3. Concerning The Defendant, nn. ¶2309, ¶2310, ¶2311 & ¶2312 (4 passages — hover a number to read it)
Vol. II, Pt. IV, Tr. III, Ch. II, Article II: On Persons Auxiliary In Judgment, n. ¶1 — There must be treated: 1. concerning auxiliaries of the litigants, 2. concerning auxiliaries of the judges.Read in context →
Vol. II, Pt. IV, Tr. III, Ch. II, Art. II, § 1. Concerning Auxiliaries Of The Litigants, nn. ¶1, ¶2, ¶2313, ¶2314, ¶2315, ¶3, ¶2316, ¶2317, ¶2318, ¶2319, ¶2320, ¶2321 & ¶2322 (13 passages — hover a number to read it)
Vol. II, Pt. IV, Tr. III, Ch. II, Art. II, § 2. Concerning Auxiliaries Of Judges, nn. ¶2323, ¶1, ¶2324, ¶2, ¶2325, ¶2326, ¶2327, ¶3, ¶2328, ¶2329 & ¶2330 (11 passages — hover a number to read it)
Pastoral Questions
Ch. I, Question IV: Concerning Public Officials, nn. ¶4321, ¶4322, ¶4323, ¶4324, ¶4325, ¶4326, ¶4327, ¶4328 & ¶4329 (9 passages — hover a number to read it)
Summa Theologiae Moralis
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Fourth Part: On Distributi…, Question Four: On Public J…, Article I: On Judges, nn. ¶1, 636 & 637 (34 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. X, Pt. I, Chapter I. On the Obligations of Judges, nn. 558, 559, 559, Q. 2, 559, Q. 3, 559, Q. 4, 559, Q. 5, 559, Q. 6, 559, Q. 7 & 559, Q. 8 (9 passages — hover a number to read it)
Christian Theology, Dogmatic and Moral, in Compendium
Diss. V, Chapter IX — On the obligations of those who serve the courts, nn. ¶1, I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, I, II, I, II, III, IV, V, VI, VII, VIII, I, II, III, IV, V, I, II, III, IV, V, VI, VII, VIII & IX (37 passages — hover a number to read it)
Palladium Theologicum, Tome V: On the Virtues
Tr. I, Disputation XXVIII: On the Judge, n. 1 — This Disputation is entangled with various difficulties; for the ingenuity of men, resourceful in their own defense, has devised various ways by which justice, if it does not favor them, may at least not harm them. The c… Read in context →
Tr. I, Disputation XXVIII: On the…, Question V: Whether goodness is necessary in a judge, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 (10 passages — hover a number to read it)
Tr. I, Disputation XXVIII: On the…, Question VI: On the external purity of the hands of the judge, nn. 1–18 (18 passages)
Tr. I, Disputation XXVIII: On the…, Question VII: Whether excommunicated judges sin in judging, and judge invalidly, nn. 1, 2, 3, 4, 5 & 6 (6 passages — hover a number to read it)
Tr. I, Disputation XXVIII: On the…, Question VIII: On the order to be observed by a judge, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)
Tr. I, Disputation XXVIII: On the…, Q. VIII, Doubt III: On the mode of proceeding by inquisition, nn. 1–48 (48 passages)
Cases of Conscience for English-Speaking Countries, Volume I
Slater, Cases I, Laws, Case 9. A Passive Resister, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10, ¶11, ¶12 & ¶13 (13 passages — hover a number to read it)
Cases of Conscience for English-Speaking Countries, Volume II
Slater, Cases II, Duties of Laymen, Case 1. A Judge's Duty, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9 & ¶10 (10 passages — hover a number to read it)
Summa of Moral Theology (Summa Theologiae Moralis)
Vol. II, Part Fourth. On Particular…, Question First. On the Judge and Jurors, nn. 719, 720, 721, 722, 723, 724, 725, 726, 727 & 728 (10 passages — hover a number to read it)
Moral Enchiridion, Comprising Select Decrees and Definitions of the Holy See, of Ecumenical Councils and of the Sacred Roman Congregations (Enchiridion Morale), Fourth Edition
Bucceroni, Moral Enchiridion (4th ed., 1905), On Particular States, n. 19 (16 passages — hover a number to read it)
Moral Enchiridion, and Supplement to the Compendium of Moral Theology of Gury-Ballerini (Enchiridion Morale)
Bucceroni, Moral Enchiridion, On Particular States, nn. ¶1–¶14 (14 passages)
Treated under the broader heading Duties of Certain Laymen — Tanquerey — this work does not divide the matter as finely as we do here, so its treatment stands one heading up (ed.)