Whether the Virtue of Penance Is a Species of Justice?
Objection 1: It would seem that the virtue of penance is not a
species of justice. For justice is not a theological but a moral
virtue, as was shown in the Second Part (II-II, Q. 62, A. 3). But
penance seems to be a theological virtue, since God is its object,
for it makes satisfaction to God, to Whom, moreover, it reconciles
the sinner. Therefore it seems that penance is not a species of
justice.
Obj. 2: Further, since justice is a moral virtue it observes the
mean. Now penance does not observe the mean, but rather goes to the
extreme, according to Jer. 6:26: "Make thee mourning as for an only
son, a bitter lamentation." Therefore penance is not a species of
justice.
Obj. 3: Further, there are two species of justice, as stated in
_Ethic._ v, 4, viz. "distributive" and "commutative." But penance
does not seem to be contained under either of them. Therefore it
seems that penance is not a species of justice.
Obj. 4: Further, a gloss on Luke 6:21, "Blessed are ye that weep
now," says: "It is prudence that teaches us the unhappiness of
earthly things and the happiness of heavenly things." But weeping is
an act of penance. Therefore penance is a species of prudence rather
than of justice.
_On the contrary,_ Augustine says in _De Poenitentia_ [*De vera et
falsa Poenitentia, the authorship of which is unknown]: "Penance is
the vengeance of the sorrowful, ever punishing in them what they are
sorry for having done." But to take vengeance is an act of justice,
wherefore Tully says (De Inv. Rhet. ii) that one kind of justice is
called vindictive. Therefore it seems that penance is a species of
justice.
_I answer that,_ As stated above (A. 1, ad 2) penance is a special
virtue not merely because it sorrows for evil done (since charity
would suffice for that), but also because the penitent grieves for
the sin he has committed, inasmuch as it is an offense against God,
and purposes to amend. Now amendment for an offense committed against
anyone is not made by merely ceasing to offend, but it is necessary
to make some kind of compensation, which obtains in offenses
committed against another, just as retribution does, only that
compensation is on the part of the offender, as when he makes
satisfaction, whereas retribution is on the part of the person
offended against. Each of these belongs to the matter of justice,
because each is a kind of commutation. Wherefore it is evident that
penance, as a virtue, is a part of justice.
It must be observed, however, that according to the Philosopher
(Ethic. v, 6) a thing is said to be just in two ways, simply and
relatively. A thing is just simply when it is between equals, since
justice is a kind of equality, and he calls this the politic or
civil just, because all citizens are equal, in the point of being
immediately under the ruler, retaining their freedom. But a thing is
just relatively when it is between parties of whom one is subject to
the other, as a servant under his master, a son under his father, a
wife under her husband. It is this kind of just that we consider in
penance. Wherefore the penitent has recourse to God with a purpose
of amendment, as a servant to his master, according to Ps. 122:2:
"Behold, as the eyes of servants are on the hands of their
masters . . . so are our eyes unto the Lord our God, until He have
mercy on us"; and as a son to his father, according to Luke 15:21:
"Father, I have sinned against heaven and before thee"; and as a wife
to her husband, according to Jer. 3:1: "Thou hast prostituted thyself
to many lovers; nevertheless return to Me, saith the Lord."
Reply Obj. 1: As stated in _Ethic._ v, 1, justice is a virtue towards
another person, and the matter of justice is not so much the person
to whom justice is due as the thing which is the subject of
distribution or commutation. Hence the matter of penance is not God,
but human acts, whereby God is offended or appeased; whereas God is
as one to whom justice is due. Wherefore it is evident that penance
is not a theological virtue, because God is not its matter or object.
Reply Obj. 2: The mean of justice is the equality that is established
between those between whom justice is, as stated in _Ethic._ v. But
in certain cases perfect equality cannot be established, on account
of the excellence of one, as between father and son, God and man, as
the Philosopher states (Ethic. viii, 14), wherefore in such cases, he
that falls short of the other must do whatever he can. Yet this will
not be sufficient simply, but only according to the acceptance of the
higher one; and this is what is meant by ascribing excess to penance.
Reply Obj. 3: As there is a kind of commutation in favors, when, to
wit, a man gives thanks for a favor received, so also is there
commutation in the matter of offenses, when, on account of an offense
committed against another, a man is either punished against his will,
which pertains to vindictive justice, or makes amends of his own
accord, which belongs to penance, which regards the person of the
sinner, just as vindictive justice regards the person of the judge.
Therefore it is evident that both are comprised under commutative
justice.
Reply Obj. 4: Although penance is directly a species of justice, yet,
in a fashion, it comprises things pertaining to all the virtues; for
inasmuch as there is a justice of man towards God, it must have a
share in matter pertaining to the theological virtues, the object of
which is God. Consequently penance comprises faith in Christ's
Passion, whereby we are cleansed of our sins, hope for pardon, and
hatred of vice, which pertains to charity. Inasmuch as it is a moral
virtue, it has a share of prudence, which directs all the moral
virtues: but from the very nature of justice, it has not only
something belonging to justice, but also something belonging to
temperance and fortitude, inasmuch as those things which cause
pleasure, and which pertain to temperance, and those which cause
terror, which fortitude moderates, are objects of commutative
justice. Accordingly it belongs to justice both to abstain from
pleasure, which belongs to temperance, and to bear with hardships,
which belongs to fortitude.
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