FOURTH ARTICLE [II-II, Q. 57, Art. 4]

Whether Paternal Right and Right of Dominion Should Be Distinguished

As Special Species?

Objection 1: It would seem that "paternal right" and "right of

dominion" should not be distinguished as special species. For it

belongs to justice to render to each one what is his, as Ambrose

states (De Offic. i, 24). Now right is the object of justice, as

stated above (A. 1). Therefore right belongs to each one equally; and

we ought not to distinguish the rights of fathers and masters as

distinct species.

Obj. 2: Further, the law is an expression of what is just, as stated

above (A. 1, ad 2). Now a law looks to the common good of a city or

kingdom, as stated above (I-II, Q. 90, A. 2), but not to the private

good of an individual or even of one household. Therefore there is no

need for a special right of dominion or paternal right, since the

master and the father pertain to a household, as stated in _Polit._

i, 2.

Obj. 3: Further, there are many other differences of degrees among

men, for instance some are soldiers, some are priests, some are

princes. Therefore some special kind of right should be allotted to

them.

_On the contrary,_ The Philosopher (Ethic. v, 6) distinguishes right

of dominion, paternal right and so on as species distinct from civil

right.

_I answer that,_ Right or just depends on commensuration with another

person. Now "another" has a twofold signification. First, it may

denote something that is other simply, as that which is altogether

distinct; as, for example, two men neither of whom is subject to the

other, and both of whom are subjects of the ruler of the state; and

between these according to the Philosopher (Ethic. v, 6) there is the

"just" simply. Secondly a thing is said to be other from something

else, not simply, but as belonging in some way to that something

else: and in this way, as regards human affairs, a son belongs to his

father, since he is part of him somewhat, as stated in _Ethic._ viii,

12, and a slave belongs to his master, because he is his instrument,

as stated in _Polit._ i, 2 [*Cf. _Ethic._ viii, 11]. Hence a father

is not compared to his son as to another simply, and so between them

there is not the just simply, but a kind of just, called "paternal."

In like manner neither is there the just simply, between master and

servant, but that which is called "dominative." A wife, though she is

something belonging to the husband, since she stands related to him

as to her own body, as the Apostle declares (Eph. 5:28), is

nevertheless more distinct from her husband, than a son from his

father, or a slave from his master: for she is received into a kind

of social life, that of matrimony, wherefore according to the

Philosopher (Ethic. v, 6) there is more scope for justice between

husband and wife than between father and son, or master and slave,

because, as husband and wife have an immediate relation to the

community of the household, as stated in _Polit._ i, 2, 5, it follows

that between them there is "domestic justice" rather than "civic."

Reply Obj. 1: It belongs to justice to render to each one his right,

the distinction between individuals being presupposed: for if a man

gives himself his due, this is not strictly called "just." And since

what belongs to the son is his father's, and what belongs to the

slave is his master's, it follows that properly speaking there is not

justice of father to son, or of master to slave.

Reply Obj. 2: A son, as such, belongs to his father, and a slave, as

such, belongs to his master; yet each, considered as a man, is

something having separate existence and distinct from others. Hence

in so far as each of them is a man, there is justice towards them in

a way: and for this reason too there are certain laws regulating the

relations of father to his son, and of a master to his slave; but in

so far as each is something belonging to another, the perfect idea of

"right" or "just" is wanting to them.

Reply Obj. 3: All other differences between one person and another in

a state, have an immediate relation to the community of the state and

to its ruler, wherefore there is just towards them in the perfect

sense of justice. This "just" however is distinguished according to

various offices, hence when we speak of "military," or "magisterial,"

or "priestly" right, it is not as though such rights fell short of

the simply right, as when we speak of "paternal" right, or right of

"dominion," but for the reason that something proper is due to each

class of person in respect of his particular office.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 390 / 1128 题