FOURTH ARTICLE [II-II, Q. 63, Art. 4]

Whether the Sin of Respect of Persons Takes Place in Judicial

Sentences?

Objection 1: It would seem that the sin of respect of persons does

not take place in judicial sentences. For respect of persons is

opposed to distributive justice, as stated above (A. 1): whereas

judicial sentences seem to pertain chiefly to commutative justice.

Therefore respect of persons does not take place in judicial

sentences.

Obj. 2: Further, penalties are inflicted according to a sentence. Now

it is not a sin to respect persons in pronouncing penalties, since a

heavier punishment is inflicted on one who injures the person of a

prince than on one who injures the person of others. Therefore

respect of persons does not take place in judicial sentences.

Obj. 3: Further, it is written (Ecclus. 4:10): "In judging be

merciful to the fatherless." But this seems to imply respect of the

person of the needy. Therefore in judicial sentences respect of

persons is not a sin.

_On the contrary,_ It is written (Prov. 18:5): "It is not good to

accept the person in judgment [*Vulg.: 'It is not good to accept the

person of the wicked, to decline from the truth of judgment.']."

_I answer that,_ As stated above (Q. 60, A. 1), judgment is an act of

justice, in as much as the judge restores to the equality of justice,

those things which may cause an opposite inequality. Now respect of

persons involves a certain inequality, in so far as something is

allotted to a person out of that proportion to him in which the

equality of justice consists. Wherefore it is evident that judgment

is rendered corrupt by respect of persons.

Reply Obj. 1: A judgment may be looked at in two ways. First, in view

of the thing judged, and in this way judgment is common to

commutative and distributive justice: because it may be decided by

judgment how some common good is to be distributed among many, and

how one person is to restore to another what he has taken from him.

Secondly, it may be considered in view of the form of judgment, in as

much as, even in commutative justice, the judge takes from one and

gives to another, and this belongs to distributive justice. In this

way respect of persons may take place in any judgment.

Reply Obj. 2: When a person is more severely punished on account of a

crime committed against a greater person, there is no respect of

persons, because the very difference of persons causes, in that case,

a diversity of things, as stated above (Q. 58, A. 10, ad 3; Q. 61, A.

2, ad 3).

Reply Obj. 3: In pronouncing judgment one ought to succor the needy

as far as possible, yet without prejudice to justice: else the saying

of Ex. 23:3 would apply: "Neither shalt thou favor a poor man in

judgment."

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 434 / 1128 题