A Topic of Moral Theology
Why restitution is owed
Sorrow is not enough for violated commutative justice; the two roots of restitution
The works themselves ask 92 questions under this heading — see them together with their answers.
Within this topic
- Unjust Possessors
- Those who Merely Inflicted Damage
- Those who Impede Another from Obtaining a Good
- Those who Cooperate in Injustice ▸ 3 subtopics
Also asked about as…
the roots of restitution (ed.)
In the index as Restitution · Counselor (Consulens) · Fault (Culpa) · Possessor in doubtful faith (Possessor dubiae fidei) · Possessor in good faith (Possessor bonae fidei) · Damager (Damnificator) · Damage (Damnum) · Doubt · Thief (Fur) · Voters (Suffragatores) · Taxes · One mandating (Mandans) · Possessor in bad faith (Possessor malae fidei) · Possessor · Unjust damager · Formal and material cooperator · Counselors · Error (Error) · Flatterer (Palpo) · Homicide · Leader of an army · Negative Cooperators toward damage (Cooperatores negativi ad damnum) · Participant (Participans) · Public offices (Officia Publica)
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. VI, Pt. VII, Div. III, Chapter I. Restitution in General, nn. 1 & 2 (2 passages — hover a number to read it)
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Art. I, Obligation, and Titles of Restitution, nn. 979, 980 & 981 (3 passages — hover a number to read it)
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Article II. The Subject and Object of Restitution, n. ¶1 — As is deduced from what has been said in n. 981, those are bound to restitution: 1° who unjustly possess another's thing, or at least unjustly accepted and possessed it; 2° who merely inflict damage on another by violati… Read in context →
Moral Theology: A Complete Course (McHugh & Callan)
Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, Restitution, nn. 1751, 1752 & 1753 (3 passages — hover a number to read it)
Vol. II, Pt. II, Q. II, Art. 3. The Subjective Par…, The Roots of Restitution, nn. 1762–1777 (16 passages)
Institutions of Moral Theology (Institutiones Theologiae Moralis)
Vol. II, On the Seventh and Tenth P…, XXI. On Restitution from Unjust Taking, nn. 1327, 1328, 1329 & 1330 (4 passages — hover a number to read it)
Vol. II, On the Seventh and Tenth P…, XXIII. On Restitution from Unjust Profit, n. 1356 — What sort of obligation of restitution is had from unjust profit? Resp. An obligation of restitution is had first from the fact that someone has been unjustly made richer from another's thing. This head of restitution, f… Read in context →
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. I, Treatise on Justice and Ri…, Third Part. On Restitution, Sect. I, Chapter I. On the Obligation of Restitution, nn. 626 & 629 (9 passages — hover a number to read it)
Manuale Theologiae Moralis
Vol. II, Tr. XI, Sect. I, Q. III, Ch. IV, Article I. On The Obligation Of Restitution In General, n. 203 — 203. Principle. Restitution is the proper act of commutative justice, or in other words: the obligation of restitution arises only from a violation of commutative justice, but not of distributive or legal justice. The re… Read in context →
Institutiones Morales Alphonsianae
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, CHAPTER II: On Those Who Are Held to Restitution, nn. ¶1 & ¶934 (2 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, ARTICLE I: On the Unjust Possessor of Another's Thing, n. ¶1 — Another's thing can be possessed unjustly in a threefold way: 1. with good faith, in which case there arises the obligation of restoring from the first root only, that is, from the thing accepted; - 2. with bad faith, an… Read in context →
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. I, § 1. ON THE POSSESSOR OF GOOD FAITH, nn. ¶1, ¶2, ¶935, ¶936, ¶937, ¶938 & ¶939 (7 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. I, § 2. ON THE POSSESSOR OF BAD FAITH, nn. ¶1, ¶940, ¶941, ¶942 & ¶943 (5 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. I, § 3. ON THE POSSESSOR OF DOUBTFUL FAITH, nn. ¶944, ¶1, ¶945, ¶2, ¶946 & ¶947 (6 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, ARTICLE II: On the Unjust Damager, n. ¶1 — We must treat: 1. of the unjust damager in general; - 2. of various damagers in species.Read in context →
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. II, § 1. ON THE UNJUST DAMAGER IN GENERAL, nn. ¶948, ¶949 & ¶950 (3 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. II, § 2. ON VARIOUS UNJUST DAMAGERS, nn. ¶951, ¶1, ¶952, ¶953, ¶954, ¶955, ¶2, ¶956, ¶957, ¶958, ¶959, ¶960, ¶3, ¶961, ¶962, ¶963, ¶4, ¶964, ¶965, ¶966, ¶967, ¶968, ¶969, ¶970, ¶5, ¶971, ¶972, ¶973, ¶6, ¶974 & ¶975 (31 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, ARTICLE III: On the Unjust Cooperator, n. ¶976 — 976. NOTIONS. 1. Cooperator is taken here in a broader sense for every one who, besides the executor, has influenced the damage inflicted on one's neighbor, whether he did this by moving the executor to inflict damage, w… Read in context →
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. III, § 1. ON THOSE WHO COOPERATE POSITIVELY, nn. ¶977, ¶1, ¶978, ¶2, ¶979, ¶980, ¶981, ¶982, ¶3, ¶983, ¶984, ¶4, ¶985, ¶5, ¶986 & ¶987 (16 passages — hover a number to read it)
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. III, § 2. ON THOSE WHO COOPERATE NEGATIVELY, nn. ¶1, ¶2, ¶3, ¶988 & ¶989 (5 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, CHAPTER II: ON THE ROOTS OF RESTITUTION, n. ¶720 — 720. - The roots of restitution are called the causes from which the obligation of restoring arises. But they are taken from a threefold head, namely 1° from acceptance of another's thing; 2° from unjust damaging; 3° fro… Read in context →
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, ARTICLE I: ON THE ACCEPTANCE OF ANOTHER'S THING, n. ¶721 — 721. General Principle. - The owner alone of the thing has per se the right of possessing it, nor does he lose dominion of the thing into whosever hands it may at last come. - It is said, per se; because any other posses… Read in context →
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. I, § I. On the Possessor of Good Faith, nn. ¶1, ¶722, ¶723, ¶724, ¶725, ¶726, ¶727, ¶728, ¶729, ¶730 & ¶731 (11 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. I, § II. On the Possessor of Bad Faith, nn. ¶1, ¶732, ¶733, ¶734, ¶735, ¶736, ¶737 & ¶738 (8 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. I, § III. On the Possessor of Doubtful Faith, nn. ¶1, ¶739, ¶740, ¶741, ¶742 & ¶743 (6 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, ARTICLE II: ON UNJUST DAMAGING, nn. ¶744–¶758 (15 passages)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, ARTICLE III: ON UNJUST COOPERATION, nn. ¶1, ¶2, ¶3 & ¶4 (4 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § I. On One Commanding, nn. ¶759, ¶760 & ¶761 (3 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § II. On One Counseling, nn. ¶1, ¶762, ¶763, ¶764, ¶765 & ¶766 (6 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § III. On One Consenting, nn. ¶767, ¶768 & ¶769 (3 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § IV. On the Flatterer, n. ¶770 — 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 anoth… Read in context →
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § V. On Recourse, or on One Receiving, or Furnishing Recourse, n. ¶771 — 771. - 1° One receiving, namely one who knowingly and freely furnishes security and convenience to a malefactor as malefactor, so that he may either inflict evil more confidently, or not repair it after it has been infli… Read in context →
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § VI. On One Participating, nn. ¶1 & ¶772 (2 passages — hover a number to read it)
Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. III, § VII. On the Silent, the One Not Preventing, the One Not Manifesting, or on Negative Cooperators, nn. ¶1, ¶773, ¶774, ¶775 & ¶776 (5 passages — hover a number to read it)
Summa Theologiae Moralis
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Section A: Concerning the …, Question One: Concerning the Necessity of Restitution, nn. ¶1, 282, 283, 284, 285, 286 & 287 (36 passages — hover a number to read it)
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Section A: Concerning the …, Question Two: Concerning the Roots of Restitution, nn. ¶1 & 288 (9 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. VIII, Pt. III, Sect. I, Chapter II. On the Roots of Restitution, n. 414 — The roots of restitution are called the causes from which the obligation of restoring arises. They are taken from a threefold head, namely: 1st, from the acceptance of another's thing; 2nd, from unjust damaging; 3rd, fro… Read in context →
Summa Summae S. Thomae (Billuart)
Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative Justice, namely Restitution, n. 1 — (D. Thomas, q. 62.)Read in context →
Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative …, From how many titles the obligation of restitution arises, affirmative or negative?, nn. 1, 2, 3, 4, 5, 6, 7, 8 & 9 (9 passages — hover a number to read it)
Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative …, Whether vehement theological fault induces an obligation of restitution, and what kind?, nn. 1–15 (15 passages)
Christian Theology, Dogmatic and Moral, in Compendium
Diss. II, Chapter I — The notion of restitution, and the principles from which it proceeds. Tardy debtors and their confessors are admonished, n. I — I. QUESTION I. What is restitution, and whence is it born? ANSWER. It is an act of commutative justice by which the loss inflicted upon another is taken away, or what has been received is rendered back, and justice, or e… Read in context →
Palladium Theologicum, Tome V: On the Virtues
Tr. I, Disputation XXIV: On Resti…, Question III: Who is bound to restore, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 (13 passages — hover a number to read it)
Summa of Moral Theology (Summa Theologiae Moralis)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Third. On Restitu…, Article Second. On Doubtful Damaging or Damaging Performed with Error, nn. 460, 461, 462 & 463 (4 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Second. On the One Commanding, nn. 480, 481 & 482 (3 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Third. On the One Counseling, nn. 483, 484, 485, 486, 487 & 488 (6 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Fourth. On the One Consenting, nn. 489, 490 & 491 (3 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Fifth. On the Flatterer, the Receiver, and the Participant, nn. 492, 493 & 494 (3 passages — hover a number to read it)
Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Sixth. On Negative Cooperations, nn. 495, 496 & 497 (3 passages — hover a number to read it)
Theologia Moralis: Principles — Responses — Counsels
Vol. II, Bk. II, Tractate V: On Justice, Ch. VIII, Quasi-Delict, and Fault to Be Furnished, nn. 534, 535, 536 & 537 (4 passages — hover a number to read it)
Vol. II, Bk. II, Tractate V: On Justice, Ch. III, § 2. On the Restitution of Cooperators, nn. 670, 671, 672, 673, 674 & 675 (6 passages — hover a number to read it)
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)
80. Restitution from Unjust Acceptance and from a Thing Received, nn. 1, 2, 3 & 4 (17 passages — hover a number to read it)
82. Restitution from Damage and Cooperation, nn. 1, 2, 3, 4, 5, 6 & 7 (27 passages — hover a number to read it)
83. Restitution from Contract and from Law, nn. 1, 2, 3 & 4 (17 passages — hover a number to read it)
Synopsis of Moral and Pastoral Theology
Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part I — Chapter III: On Restitution, nn. 485, 486, 487, 488, 516–550, 587, 588, 589 & 590 (43 passages — hover a number to read it)
Treated under the broader heading Restitution in General — The Roman Catechism — this work does not divide the matter as finely as we do here, so its treatment stands one heading up (ed.)