WatsonOverHere/Summa_Theologica huggingface dataset:
Q: Whether Justice Is About the Passions?

A: On the contrary,
The Philosopher says (Ethic. v, 1) that justice is about operations.

I answer that,
The true answer to this question may be gathered from a twofold source. First from the subject of justice, i.e. from the will, whose movements or acts are not passions, as stated above (I-II, Q. 22, A. 3; Q. 59, A. 4), for it is only the sensitive appetite whose movements are called passions. Hence justice is not about the passions, as are temperance and fortitude, which are in the irascible and concupiscible parts. Secondly, on he part of the matter, because justice is about man's relations with another, and we are not directed immediately to another by the internal passions. Therefore justice is not about the passions.

Reply Obj. 1: Not every moral virtue is about pleasure and pain as its proper matter, since fortitude is about fear and daring: but every moral virtue is directed to pleasure and pain, as to ends to be acquired, for, as the Philosopher says (Ethic. vii, 11), "pleasure and pain are the principal end in respect of which we say that this is an evil, and that a good": and in this way too they belong to justice, since "a man is not just unless he rejoice in just actions" (Ethic. i, 8).

Reply Obj. 2: External operations are as it were between external things, which are their matter, and internal passions, which are their origin. Now it happens sometimes that there is a defect in one of these, without there being a defect in the other. Thus a man may steal another's property, not through the desire to have the thing, but through the will to hurt the man; or vice versa, a man may covet another's property without wishing to steal it. Accordingly the directing of operations in so far as they tend towards external things, belongs to justice, but in so far as they arise from the passions, it belongs to the other moral virtues which are about the passions. Hence justice hinders theft of another's property, in so far as stealing is contrary to the equality that should be maintained in external things, while liberality hinders it as resulting from an immoderate desire for wealth. Since, however, external operations take their species, not from the internal passions but from external things as being their objects, it follows that, external operations are essentially the matter of justice rather than of the other moral virtues.

Reply Obj. 3: The common good is the end of each individual member of a community, just as the good of the whole is the end of each part. On the other hand the good of one individual is not the end of another individual: wherefore legal justice which is directed to the common good, is more capable of extending to the internal passions whereby man is disposed in some way or other in himself, than particular justice which is directed to the good of another individual: although legal justice extends chiefly to other virtues in the point of their external operations, in so far, to wit, as "the law commands us to perform the actions of a courageous person . . . the actions of a temperate person . . . and the actions of a gentle person" (Ethic. v, 5).
Q: Objection 1: It would seem that justice is about the passions. For the Philosopher says (Ethic. ii, 3) that "moral virtue is about pleasure and pain." Now pleasure or delight, and pain are passions, as stated above [*I-II, Q. 23, A. 4; Q. 31, A. 1; Q. 35, A. 1] when we were treating of the passions. Therefore justice, being a moral virtue, is about the passions.

Obj. 2: Further, justice is the means of rectifying a man's operations in relation to another man. Now such like operations cannot be rectified unless the passions be rectified, because it is owing to disorder of the passions that there is disorder in the aforesaid operations: thus sexual lust leads to adultery, and overmuch love of money leads to theft. Therefore justice must needs be about the passions.

Obj. 3: Further, even as particular justice is towards another person so is legal justice. Now legal justice is about the passions, else it would not extend to all the virtues, some of which are evidently about the passions. Therefore justice is about the passions.
Q: Whether the Mean of Justice Is the Real Mean?

A: On the contrary,
The Philosopher says (Ethic. ii, 6; v, 4) that the mean of justice is to be taken according to "arithmetical" proportion, so that it is the real mean.

I answer that,
As stated above (A. 9; I-II, Q. 59, A. 4), the other moral virtues are chiefly concerned with the passions, the regulation of which is gauged entirely by a comparison with the very man who is the subject of those passions, in so far as his anger and desire are vested with their various due circumstances. Hence the mean in such like virtues is measured not by the proportion of one thing to another, but merely by comparison with the virtuous man himself, so that with them the mean is only that which is fixed by reason in our regard.

On the other hand, the matter of justice is external operation, in so far as an operation or the thing used in that operation is duly proportionate to another person, wherefore the mean of justice consists in a certain proportion of equality between the external thing and the external person. Now equality is the real mean between greater and less, as stated in
Metaph.
x [*Didot ed., ix, 5; Cf.
Ethic.
v, 4]: wherefore justice observes the real mean.

Reply Obj. 1: This real mean is also the rational mean, wherefore justice satisfies the conditions of a moral virtue.

Reply Obj. 2: We may speak of a thing being good simply in two ways. First a thing may be good in every way: thus the virtues are good; and there is neither mean nor extremes in things that are good simply in this sense. Secondly a thing is said to be good simply through being good absolutely i.e. in its nature, although it may become evil through being abused. Such are riches and honors; and in the like it is possible to find excess, deficiency and mean, as regards men who can use them well or ill: and it is in this sense that justice is about things that are good simply.

Reply Obj. 3: The injury inflicted bears a different proportion to a prince from that which it bears to a private person: wherefore each injury requires to be equalized by vengeance in a different way: and this implies a real and not merely a rational diversity.
Q: Objection 1: It would seem that the mean of justice is not the real mean. For the generic nature remains entire in each species. Now moral virtue is defined (Ethic. ii, 6) to be "an elective habit which observes the mean fixed, in our regard, by reason." Therefore justice observes the rational and not the real mean.

Obj. 2: Further, in things that are good simply, there is neither excess nor defect, and consequently neither is there a mean; as is clearly the case with the virtues, according to
Ethic.
ii, 6. Now justice is about things that are good simply, as stated in
Ethic.
v. Therefore justice does not observe the real mean.

Obj. 3: Further, the reason why the other virtues are said to observe the rational and not the real mean, is because in their case the mean varies according to different persons, since what is too much for one is too little for another (Ethic. ii, 6). Now this is also the case in justice: for one who strikes a prince does not receive the same punishment as one who strikes a private individual. Therefore justice also observes, not the real, but the rational mean.
Q: Whether the Act of Justice Is to Render to Each One His Own?

A: On the contrary,
Ambrose says (De Offic. i, 24): "It is justice that renders to each one what is his, and claims not another's property; it disregards its own profit in order to preserve the common equity."

I answer that,
As stated above (AA. 8, 10), the matter of justice is an external operation in so far as either it or the thing we use by it is made proportionate to some other person to whom we are related by justice. Now each man's own is that which is due to him according to equality of proportion. Therefore the proper act of justice is nothing else than to render to each one his own.

Reply Obj. 1: Since justice is a cardinal virtue, other secondary virtues, such as mercy, liberality and the like are connected with it, as we shall state further on (Q. 80, A. 1). Wherefore to succor the needy, which belongs to mercy or pity, and to be liberally beneficent, which pertains to liberality, are by a kind of reduction ascribed to justice as to their principal virtue.

This suffices for the Reply to the Second Objection.

Reply Obj. 3: As the Philosopher states (Ethic. v, 4), in matters of justice, the name of "profit" is extended to whatever is excessive, and whatever is deficient is called "loss." The reason for this is that justice is first of all and more commonly exercised in voluntary interchanges of things, such as buying and selling, wherein those expressions are properly employed; and yet they are transferred to all other matters of justice. The same applies to the rendering to each one of what is his own.
Q: Objection 1: It would seem that the act of justice is not to render to each one his own. For Augustine (De Trin. xiv, 9) ascribes to justice the act of succoring the needy. Now in succoring the needy we give them what is not theirs but ours. Therefore the act of justice does not consist in rendering to each one his own.

Obj. 2: Further, Tully says (De Offic. i, 7) that "beneficence which we may call kindness or liberality, belongs to justice." Now it pertains to liberality to give to another of one's own, not of what is his. Therefore the act of justice does not consist in rendering to each one his own.

Obj. 3: Further, it belongs to justice not only to distribute things duly, but also to repress injurious actions, such as murder, adultery and so forth. But the rendering to each one of what is his seems to belong solely to the distribution of things. Therefore the act of justice is not sufficiently described by saying that it consists in rendering to each one his own.
Q: Whether Justice Stands Foremost Among All Moral Virtues?

A: On the contrary,
Tully says (De Offic. i, 7): "Justice is the most resplendent of the virtues, and gives its name to a good man."

I answer that,
If we speak of legal justice, it is evident that it stands foremost among all the moral virtues, for as much as the common good transcends the individual good of one person. In this sense the Philosopher declares (Ethic. v, 1) that "the most excellent of the virtues would seem to be justice, and more glorious than either the evening or the morning star." But, even if we speak of particular justice, it excels the other moral virtues for two reasons. The first reason may be taken from the subject, because justice is in the more excellent part of the soul, viz. the rational appetite or will, whereas the other moral virtues are in the sensitive appetite, whereunto appertain the passions which are the matter of the other moral virtues. The second reason is taken from the object, because the other virtues are commendable in respect of the sole good of the virtuous person himself, whereas justice is praiseworthy in respect of the virtuous person being well disposed towards another, so that justice is somewhat the good of another person, as stated in
Ethic.
v, 1. Hence the Philosopher says (Rhet. i, 9): "The greatest virtues must needs be those which are most profitable to other persons, because virtue is a faculty of doing good to others. For this reason the greatest honors are accorded the brave and the just, since bravery is useful to others in warfare, and justice is useful to others both in warfare and in time of peace."

Reply Obj. 1: Although the liberal man gives of his own, yet he does so in so far as he takes into consideration the good of his own virtue, while the just man gives to another what is his, through consideration of the common good. Moreover justice is observed towards all, whereas liberality cannot extend to all. Again liberality which gives of a man's own is based on justice, whereby one renders to each man what is his.

Reply Obj. 2: When magnanimity is added to justice it increases the latter's goodness; and yet without justice it would not even be a virtue.

Reply Obj. 3: Although fortitude is about the most difficult things, it is not about the best, for it is only useful in warfare, whereas justice is useful both in war and in peace, as stated above.

QUESTION 59

OF INJUSTICE (In Four Articles)

We must now consider injustice, under which head there are four points of inquiry:

(1) Whether injustice is a special vice?

(2) Whether it is proper to the unjust man to do unjust deeds?

(3) Whether one can suffer injustice willingly?

(4) Whether injustice is a mortal sin according to its genus?
Q: Objection 1: It would seem that justice does not stand foremost among all the moral virtues. Because it belongs to justice to render to each one what is his, whereas it belongs to liberality to give of one's own, and this is more virtuous. Therefore liberality is a greater virtue than justice.

Obj. 2: Further, nothing is adorned by a less excellent thing than itself. Now magnanimity is the ornament both of justice and of all the virtues, according to
Ethic.
iv, 3. Therefore magnanimity is more excellent than justice.

Obj. 3: Further, virtue is about that which is "difficult" and "good," as stated in
Ethic.
ii, 3. But fortitude is about more difficult things than justice is, since it is about dangers of death, according to
Ethic.
iii, 6. Therefore fortitude is more excellent than justice.
Q: Whether Injustice Is a Special Virtue?

A: On the contrary,
Injustice is contrary to justice. But justice is a special virtue. Therefore injustice is a special vice.

I answer that,
Injustice is twofold. First there is illegal injustice which is opposed to legal justice: and this is essentially a special vice, in so far as it regards a special object, namely the common good which it contemns; and yet it is a general vice, as regards the intention, since contempt of the common good may lead to all kinds of sin. Thus too all vices, as being repugnant to the common good, have the character of injustice, as though they arose from injustice, in accord with what has been said above about justice (Q. 58, AA. 5, 6). Secondly we speak of injustice in reference to an inequality between one person and another, when one man wishes to have more goods, riches for example, or honors, and less evils, such as toil and losses, and thus injustice has a special matter and is a particular vice opposed to particular justice.

Reply Obj. 1: Even as legal justice is referred to human common good, so Divine justice is referred to the Divine good, to which all sin is repugnant, and in this sense all sin is said to be iniquity.

Reply Obj. 2: Even particular justice is indirectly opposed to all the virtues; in so far, to wit, as even external acts pertain both to justice and to the other moral virtues, although in different ways as stated above (Q. 58, A. 9, ad 2).

Reply Obj. 3: The will, like the reason, extends to all moral matters, i.e. passions and those external operations that relate to another person. On the other hand justice perfects the will solely in the point of its extending to operations that relate to another: and the same applies to injustice.
Q: Objection 1: It would seem that injustice is not a special vice. For it is written (1 John 3:4): "All sin is iniquity [*Vulg.: 'Whosoever committeth sin, committeth also iniquity; and sin is iniquity']." Now iniquity would seem to be the same as injustice, because justice is a kind of equality, so that injustice is apparently the same as inequality or iniquity. Therefore injustice is not a special sin.

Obj. 2: Further, no special sin is contrary to all the virtues. But injustice is contrary to all the virtues: for as regards adultery it is opposed to chastity, as regards murder it is opposed to meekness, and in like manner as regards the other sins. Therefore injustice is not a special sin.

Obj. 3: Further, injustice is opposed to justice which is in the will. But every sin is in the will, as Augustine declares (De Duabus Anim. x). Therefore injustice is not a special sin.
Q: Whether a Man Is Called Unjust Through Doing an Unjust Thing?

A: On the contrary,
The Philosopher says (Ethic. v, 6) that "a man may do an unjust thing without being unjust."

I answer that,
Even as the object of justice is something equal in external things, so too the object of injustice is something unequal, through more or less being assigned to some person than is due to him. To this object the habit of injustice is compared by means of its proper act which is called an injustice. Accordingly it may happen in two ways that a man who does an unjust thing, is not unjust: first, on account of a lack of correspondence between the operation and its proper object. For the operation takes its species and name from its direct and not from its indirect object: and in things directed to an end the direct is that which is intended, and the indirect is what is beside the intention. Hence if a man do that which is unjust, without intending to do an unjust thing, for instance if he do it through ignorance, being unaware that it is unjust, properly speaking he does an unjust thing, not directly, but only indirectly, and, as it were, doing materially that which is unjust: hence such an operation is not called an injustice. Secondly, this may happen on account of a lack of proportion between the operation and the habit. For an injustice may sometimes arise from a passion, for instance, anger or desire, and sometimes from choice, for instance when the injustice itself is the direct object of one's complacency. In the latter case properly speaking it arises from a habit, because whenever a man has a habit, whatever befits that habit is, of itself, pleasant to him. Accordingly, to do what is unjust intentionally and by choice is proper to the unjust man, in which sense the unjust man is one who has the habit of injustice: but a man may do what is unjust, unintentionally or through passion, without having the habit of injustice.

Reply Obj. 1: A habit is specified by its object in its direct and formal acceptation, not in its material and indirect acceptation.

Reply Obj. 2: It is not easy for any man to do an unjust thing from choice, as though it were pleasing for its own sake and not for the sake of something else: this is proper to one who has the habit, as the Philosopher declares (Ethic. v, 9).

Reply Obj. 3: The object of temperance is not something established externally, as is the object of justice: the object of temperance, i.e. the temperate thing, depends entirely on proportion to the man himself. Consequently what is accidental and unintentional cannot be said to be temperate either materially or formally. In like manner neither can it be called intemperate: and in this respect there is dissimilarity between justice and the other moral virtues; but as regards the proportion between operation and habit, there is similarity in all respects.
Q: Objection 1: It would seem that a man is called unjust through doing an unjust thing. For habits are specified by their objects, as stated above (I-II, Q. 54, A. 2). Now the proper object of justice is the just, and the proper object of injustice is the unjust. Therefore a man should be called just through doing a just thing, and unjust through doing an unjust thing.

Obj. 2: Further, the Philosopher declares (Ethic. v, 9) that they hold a false opinion who maintain that it is in a man's power to do suddenly an unjust thing, and that a just man is no less capable of doing what is unjust than an unjust man. But this opinion would not be false unless it were proper to the unjust man to do what is unjust. Therefore a man is to be deemed unjust from the fact that he does an unjust thing.

Obj. 3: Further, every virtue bears the same relation to its proper act, and the same applies to the contrary vices. But whoever does what is intemperate, is said to be intemperate. Therefore whoever does an unjust thing, is said to be unjust.
Q: Whether We Can Suffer Injustice Willingly?

A: On the contrary,
To suffer an injustice and to do an injustice are contraries. Now no man does an injustice against his will. Therefore on the other hand no man suffers an injustice except against his will.

I answer that,
Action by its very nature proceeds from an agent, whereas passion as such is from another: wherefore the same thing in the same respect cannot be both agent and patient, as stated in
Phys.
iii, 1; viii, 5. Now the proper principle of action in man is the will, wherefore man does properly and essentially what he does voluntarily, and on the other hand a man suffers properly what he suffers against his will, since in so far as he is willing, he is a principle in himself, and so, considered thus, he is active rather than passive. Accordingly we must conclude that properly and strictly speaking no man can do an injustice except voluntarily, nor suffer an injustice save involuntarily; but that accidentally and materially so to speak, it is possible for that which is unjust in itself either to be done involuntarily (as when a man does anything unintentionally), or to be suffered voluntarily (as when a man voluntarily gives to another more than he owes him).

Reply Obj. 1: When one man gives voluntarily to another that which he does not owe him, he causes neither injustice nor inequality. For a man's ownership depends on his will, so there is no disproportion if he forfeit something of his own free-will, either by his own or by another's action.

Reply Obj. 2: An individual person may be considered in two ways. First, with regard to himself; and thus, if he inflict an injury on himself, it may come under the head of some other kind of sin, intemperance for instance or imprudence, but not injustice; because injustice no less than justice, is always referred to another person. Secondly, this or that man may be considered as belonging to the State as part thereof, or as belonging to God, as His creature and image; and thus a man who kills himself, does an injury not indeed to himself, but to the State and to God. Wherefore he is punished in accordance with both Divine and human law, even as the Apostle declares in respect of the fornicator (1 Cor. 3:17): "If any man violate the temple of God, him shall God destroy."

Reply Obj. 3: Suffering is the effect of external action. Now in the point of doing and suffering injustice, the material element is that which is done externally, considered in itself, as stated above (A. 2), and the formal and essential element is on the part of the will of agent and patient, as stated above (A. 2). Accordingly we must reply that injustice suffered by one man and injustice done by another man always accompany one another, in the material sense. But if we speak in the formal sense a man can do an injustice with the intention of doing an injustice, and yet the other man does not suffer an injustice, because he suffers voluntarily; and on the other hand a man can suffer an injustice if he suffer an injustice against his will, while the man who does the injury unknowingly, does an injustice, not formally but only materially.