Whether There Is a Different Matter for Both Kinds of Justice?
Objection 1: It would seem that there is not a different matter for
both kinds of justice. Diversity of matter causes diversity of
virtue, as in the case of fortitude and temperance. Therefore, if
distributive and commutative justice have different matters, it would
seem that they are not comprised under the same virtue, viz. justice.
Obj. 2: Further, the distribution that has to do with distributive
justice is one of "wealth or of honors, or of whatever can be
distributed among the members of the community" (Ethic. v, 2), which
very things are the subject matter of commutations between one person
and another, and this belongs to commutative justice. Therefore the
matters of distributive and commutative justice are not distinct.
Obj. 3: Further, if the matter of distributive justice differs from
that of commutative justice, for the reason that they differ
specifically, where there is no specific difference, there ought to
be no diversity of matter. Now the Philosopher (Ethic. v, 2) reckons
commutative justice as one species, and yet this has many kinds of
matter. Therefore the matter of these species of justice is,
seemingly, not of many kinds.
_On the contrary,_ It is stated in _Ethic._ v, 2 that "one kind of
justice directs distributions, and another commutations."
_I answer that,_ As stated above (Q. 51, AA. 8, 10), justice is about
certain external operations, namely distribution and commutation.
These consist in the use of certain externals, whether things,
persons or even works: of things, as when one man takes from or
restores to another that which is his; of persons, as when a man does
an injury to the very person of another, for instance by striking or
insulting him, or even by showing respect for him; and of works, as
when a man justly exacts a work of another, or does a work for him.
Accordingly, if we take for the matter of each kind of justice the
things themselves of which the operations are the use, the matter of
distributive and commutative justice is the same, since things can be
distributed out of the common property to individuals, and be the
subject of commutation between one person and another; and again
there is a certain distribution and payment of laborious works.
If, however, we take for the matter of both kinds of justice the
principal actions themselves, whereby we make use of persons, things,
and works, there is then a difference of matter between them. For
distributive justice directs distributions, while commutative justice
directs commutations that can take place between two persons. Of
these some are involuntary, some voluntary. They are involuntary when
anyone uses another man's chattel, person, or work against his will,
and this may be done secretly by fraud, or openly by violence. In
either case the offence may be committed against the other man's
chattel or person, or against a person connected with him. If the
offence is against his chattel and this be taken secretly, it is
called "theft," if openly, it is called "robbery." If it be against
another man's person, it may affect either the very substance of his
person, or his dignity. If it be against the substance of his person,
a man is injured secretly if he is treacherously slain, struck or
poisoned, and openly, if he is publicly slain, imprisoned, struck or
maimed. If it be against his personal dignity, a man is injured
secretly by false witness, detractions and so forth, whereby he is
deprived of his good name, and openly, by being accused in a court of
law, or by public insult. If it be against a personal connection, a
man is injured in the person of his wife, secretly (for the most
part) by adultery, in the person of his slave, if the latter be
induced to leave his master: which things can also be done openly.
The same applies to other personal connections, and whatever injury
may be committed against the principal, may be committed against them
also. Adultery, however, and inducing a slave to leave his master are
properly injuries against the person; yet the latter, since a slave
is his master's chattel, is referred to theft. Voluntary commutations
are when a man voluntarily transfers his chattel to another person.
And if he transfer it simply so that the recipient incurs no debt, as
in the case of gifts, it is an act, not of justice but of liberality.
A voluntary transfer belongs to justice in so far as it includes the
notion of debt, and this may occur in many ways. First when one man
simply transfers his thing to another in exchange for another thing,
as happens in selling and buying. Secondly when a man transfers his
thing to another, that the latter may have the use of it with the
obligation of returning it to its owner. If he grant the use of a
thing gratuitously, it is called "usufruct" in things that bear
fruit; and simply "borrowing" on "loan" in things that bear no fruit,
such as money, pottery, etc.; but if not even the use is granted
gratis, it is called "letting" or "hiring." Thirdly, a man transfers
his thing with the intention of recovering it, not for the purpose of
its use, but that it may be kept safe, as in a "deposit," or under
some obligation, as when a man pledges his property, or when one man
stands security for another. In all these actions, whether voluntary
or involuntary, the mean is taken in the same way according to the
equality of repayment. Hence all these actions belong to the one same
species of justice, namely commutative justice. And this suffices for
the Replies to the Objections.
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