The Flatterer

A flatterer is said to be one who, whether by flattering or praising, or by mocking or reproaching, etc., influences the damaging act of another.

He is bound to repair the damages inflicted just as one guilty of impulsive counsel, and indeed clothed counsel (n. 1000); and by the same reason he is freed from the obligation of restoring (St. Alphonsus, III, 567).

What of the flatterer? - A flatterer is said to be one who by praising, flattering, or blaming moves another to inflict damage. He who has induced another to inflict damage, by proposing praise, or otherwise the disgrace that will follow, is held for the damages. For such cooperation has the character of counsel, since, namely, motives for acting, of themselves commonly efficacious, are proposed. Wherefore the flatterer is subject to altogether the same obligations as one counseling. - Those who represent to a man affected by injury the greatness of this injury in such a way that, moved by it, he takes revenge, are held to restoring, provided they adverted at least probably that damage would follow. But he is not held to restitution who approves or ratifies a deed already perpetrated, unless he is the cause why restitution is not made, or new damages are inflicted. L. 567.; St. Thomas, 2. 2, q. 62, a. 7.; E. M.

684. • A flatterer is said to be he who by praising, flattering, or blaming moves another to damaging. Concerning the flatterer these things must be held:

1. He who induced another to inflict damage by proposing praise or otherwise ignominy to follow is held concerning the damages. For such cooperation has the character of counsel, since motives for acting that are of themselves commonly efficacious are proposed. Wherefore the flatterer is subject to absolutely the same obligations as the counselor, concerning which see above, n. 676 and following.

2. Those who so represent to a man affected by injury the magnitude of this injury that he, being moved, takes vengeance, are held to restore, provided they adverted at least probably that damage would follow.

3. But he is not held to restitution who approves or ratifies an evil deed already perpetrated, unless he is the cause why restitution is not made or new damages are inflicted. - St. Lig., n. 567.

526. The flatterer, or adulator, must be equated with one counseling; for he is one who by praising or blaming another incites him to inflict damage upon a third party; and therefore he is bound to restitution in the same way and under the same conditions as the one counseling. - But if he approves damage already inflicted, of itself he is not bound to reparation; otherwise, however, if this approval induces another to new injuries, or efficaciously impedes him from repairing an injury.

106. A flatterer or adulator is said to be he who, by praising, blaming, flattering, moves another to damaging.

Thus, e.g., he is a flatterer who mocks the patience of the injured person; who exaggerates the injury inflicted, saying repeatedly that things of this kind are not to be borne by a noble man; who describes the vileness of the offender, etc., and does all these things to instigate another to revenge. Likewise he is a flatterer who proclaims the utility of theft or damaging. Therefore he who by these or similar modes truly, efficaciously, and formally moves another to unjust damaging is bound to restitution. Nor is it necessary that he directly intend the damage; it is enough that he indirectly wills it, foreseeing that it will follow from his flattery. The things said above concerning the one counseling hold also concerning the flatterer, since he is nothing other than one counseling in a particular mode, namely by flattering, etc.; hence the flatterer is subject to the same obligations as the counselor, provided nevertheless that he truly flowed efficaciously into the damage of another.

Sometimes he who approves or praises an unjust work done is called a flatterer. It is plain that approval of this kind does not induce the obligation of repairing damage, unless nevertheless from it the damager was induced to new injuries or was instigated not to repair the injury already done.

770. • A flatterer is called one who by praising, flattering, whispering, censuring, or exaggerating injury moves another to causing damage. Concerning the flatterer these things must be held:

1° He who has induced another to inflict damage by proposing praise or otherwise ignominy to follow is bound concerning the damages. For such cooperation has the character of counsel, namely when motives for acting, of themselves commonly efficacious, are proposed. Wherefore the flatterer is subject to altogether the same obligations as one counseling, concerning which see above n. 762 and following.

2° Those who so represent to a man affected by injury the magnitude of this injury that he, being moved, takes revenge, are bound to restore, provided they noticed at least that damage would probably follow.

3° But he is not bound to restitution who approves or ratifies a deed already perpetrated, unless he is the cause why restitution is not made, or new damages are inflicted.²

312. The counselor and the flatterer. - A counselor (conseiller; raderi) is one who moves another to inflict damage upon his neighbor in his own name; whence he is distinguished from a mandator by this, that he does not move another to act in his own name: for if he does this in his own favor, by that very fact he is a mandator. Hence the executor of counsel acts in his own name, the executor of a mandate in the name of another; and therefore, while the mandator is a primary cause, the counselor is a secondary cause; whence he is bound only secondarily to repair damages.

One counsel is doctrinal, another impulsive. Doctrinal or theoretical counsel is concerning the truth or licitness of an action, by which, namely, it is declared licit if it is illicit, good if it is bad, or bad if it is good, valid if invalid, or invalid if valid, etc. Impulsive or practical counsel abstracts from the truth or licitness of the action, but, cutting off from it, indeed with the injustice of the action supposed, nevertheless moves another to it by which damage may be inflicted.

Each is clothed or qualified, or naked or simple. The first at the same time suggests motives or means of harming: motives, namely, from which it may appear that the action is licit, honorable, easy, excusable, useful, necessary; or means by which damage can be inflicted certainly, easily, safely, by which, for example, poison is prepared, abortion is procured, a house can be invaded; the other simply induces one to harm by persuasion, entreaties, blandishments, promises, or other exhortations, for which ordinarily mere example does not suffice, which of itself alone is an occasion and not counsel, unless it is given professedly by way of teaching or invitation.

A flatterer (louer; prijzen) is to be equated with a counselor: he is one who by praising or by blaming incites another to inflict damage on a neighbor or not to repair it.

It is committed by adulation, praise, reproach of idleness or pusillanimity, exaggeration of a contumely received, mockery, whispering, etc., by saying, for example, "you are idle if you suffer this," "it is unbecoming to your state," "you lose honor if you do not take vengeance." The flatterer exercises the same influence as one offering impulsive counsel; and consequently he must repair the damage inflicted in the same way; nevertheless, he who approves damage already inflicted is per se not bound to restitution, unless the approval induces new injuries or efficaciously impedes reparation from injury.

1. if by reason of status or office, or for another cause, he publicly professes expertise, as a physician, advocate, notary, confessor, etc., and gives harmful counsel, whether a) from vincible ignorance, or b) from gravely culpable negligence, or c) from bad intention, he is bound to repair every damage arising therefrom, both to the one consulting and to a third party: for he who seeks counsel from one who is in office or professes expertise has a strict right not to be deceived by the ignorance or malice of the one consulted, with damage to himself or to a third party; whence in the case the counselor is the unjust, efficacious, and culpable cause of both damages;

2. if a merely private person gives counsel, he is bound to repair the damage inflicted on a third party, because he is its voluntary cause, insofar as he foresaw it at least in confusion; but he is not bound to restore to the one seeking counsel, unless he deceitfully affects special expertise: for he who seeks counsel from an unskilled person spontaneously exposes himself to the peril of damage and deceives himself, and whatever damage he may suffer, he ought to impute to himself and to his own imprudence;

3. each is bound from justice to retract the counsel given: with grave inconvenience indeed if he gave harmful counsel from grave fault, otherwise without grave inconvenience; but if he neglects to retract it, he is bound to restitution.

B. The counselor by merely impulsive counsel, or the flatterer, is bound to repair the foreseen damage which from the counsel was inflicted on a third person, because he unjustly harmed him; but not the damage which comes upon the one seeking counsel, because injury is not done to one who knows and consents.

Hence 1) if wicked counsel is given to him who is already sufficiently determined to inflict damage, there is no obligation of restoring, because the damage was not inflicted from the counsel which was not its efficacious cause.

2. When the other is already determined to inflict damage, if the counselor only persuades the mode of doing it, or another circumstance of place, time, etc., he is not bound to restitution; unless per accidens, if he has thus increased the damage, as if by indicating a mode he persuaded greater damage, in which case he is bound concerning this excess, or if he procured it more certainly or more safely, as if he warned that it must be inflicted sooner because otherwise it would have been impeded, in which case he is bound concerning the whole damage.

3. He who counsels a lesser evil to him who is already determined to inflict a greater one is not bound to restitution, if the damage is inflicted on the same person, because then he is not the efficacious cause of that damage but only of its diminution; on the contrary if he said that a lesser damage should be inflicted on another person determined in particular, because then he is the true cause that damage was inflicted on this one, nor is it licit to impede the damage of one with the injury of another. Nor let it be said that such a one is unreasonably unwilling against such counsel, for no one is bound with great inconvenience to yield his right, in order to avoid the greater damage of another; and even if he were bound to this, it would be from charity alone, not from a strict debt, which does not suffice to remove the nature of injury from the action (n. 246).

4. If two or more together offer wicked counsel, all are equally bound to restitution in solidum, as efficaciously influencing the damage.

5. He who, before the damage is inflicted, has efficaciously revoked the counsel (or adulation), so that the revocation became known to the one seeking counsel,

a) is not bound to restitution if the counsel was simple, which is destroyed by a simple retraction;

b) even if the counsel was clothed or attended by reasons, provided he has brought contrary motives equally efficacious or stronger, such as reasons sought from faith: for then if the other does not wish to yield to these motives and change his mind, the damage will have to be attributed to this one's malice, but not to the revoked counsel;

c) but if the counsel was clothed with an indication of the mode or means of perpetrating the damage, the counselor from justice is bound not only to revoke the counsel, and by valid reasons to induce the other not to use the counsel; but also, if he cannot turn him away from the unjust purpose, to warn the owner that he take care for himself, or in another way to impede the execution as much as he morally can, as was said concerning the mandator; otherwise he will be bound concerning restitution on account of the damage.

As to the flatterer, it should be noted that an influence is removed with more difficulty from blame than from praise.

A flatterer is called one who by praising, flattering, or blaming moves another to damaging. Concerning the flatterer these things are to be held:

1st. He who induced another to inflicting damage by proposing praise, or otherwise disgrace, that would follow, is held for the damages. For such cooperation has itself in the manner of counsel, since motives for acting commonly efficacious of themselves are proposed.

2nd. Those who so represent to a man affected by injury the magnitude of this injury that, moved by it, he takes vengeance, are held to restoring, provided they adverted at least probably that damage would follow.

3rd. But he is not held to restitution who approves or ratifies a crime already perpetrated, unless he is the cause why restitution is not made or new damages are inflicted. - Cf. St. Alphonsus, n. 567.

FLATTERER

The flatterer or adulator is said to be he who by praises, flatteries, or even reproaches moves someone to inflict damage, exaggerating or reproaching an injury inflicted upon another, declaring it not to be borne by a noble man, extolling vengeance, mocking patience, vituperating poverty, preaching the utility of theft. Those therefore who by these and similar modes move morally to unjust damaging sin gravely and are held to restitution. Nor is it necessary that they intend damage directly; it suffices that they intend it indirectly, inasmuch as they foresee or can foresee it about to follow from their flattery. This mode of cooperating differs little from the counselor. For what else is it to reproach another with his cowardice, or praise vengeance, than to counsel it to him ? What therefore I said at greater length concerning the counselor, hold here for what is said.

[He is not bound, however, to reparation of damage who approves or ratifies a crime already perpetrated, unless his approval be the cause why reparation is not made, or new damages be inflicted which he could have foreseen at least confusedly.]

RECEIVER