THIRD ARTICLE [II-II, Q. 65, Art. 3]

Whether It Is Lawful to Imprison a Man?

Objection 1: It would seem unlawful to imprison a man. An act which

deals with undue matter is evil in its genus, as stated above (I-II,

Q. 18, A. 2). Now man, having a free-will, is undue matter for

imprisonment which is inconsistent with free-will. Therefore it is

unlawful to imprison a man.

Obj. 2: Further, human justice should be ruled by Divine justice. Now

according to Ecclus. 15:14, "God left man in the hand of his own

counsel." Therefore it seems that a man ought not to be coerced by

chains or prisons.

Obj. 3: Further, no man should be forcibly prevented except from

doing an evil deed; and any man can lawfully prevent another from

doing this. If, therefore, it were lawful to imprison a man, in order

to restrain him from evil deeds, it would be lawful for anyone to put

a man in prison; and this is clearly false. Therefore the same

conclusion follows.

_On the contrary,_ We read in Lev. 24 that a man was imprisoned for

the sin of blasphemy.

_I answer that,_ In the goods of the body three things may be

considered in due order. First, the substantial integrity of the

body, and this is injured by death or maiming. Secondly, pleasure or

rest of the senses, and to this striking or anything causing a sense

of pain is opposed. Thirdly, the movement or use of the members, and

this is hindered by binding or imprisoning or any kind of detention.

Therefore it is unlawful to imprison or in any way detain a man,

unless it be done according to the order of justice, either in

punishment, or as a measure of precaution against some evil.

Reply Obj. 1: A man who abuses the power entrusted to him deserves to

lose it, and therefore when a man by sinning abuses the free use of

his members, he becomes a fitting matter for imprisonment.

Reply Obj. 2: According to the order of His wisdom God

sometimes restrains a sinner from accomplishing a sin, according to

Job 5:12: "Who bringeth to nought the designs of the malignant, so

that their hand cannot accomplish what they had begun, while sometimes

He allows them to do what they will." In like manner, according to

human justice, men are imprisoned, not for every sin but for certain

ones.

Reply Obj. 3: It is lawful for anyone to restrain a man for a

time from doing some unlawful deed there and then: as when a man

prevents another from throwing himself over a precipice, or from

striking another. But to him alone who has the right of disposing in

general of the actions and of the life of another does it belong

primarily to imprison or fetter, because by so doing he hinders him

from doing not only evil but also good deeds.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 447 / 1128 题