EIGHTH ARTICLE [II-II, Q. 66, Art. 8]

Whether Robbery May Be Committed Without Sin?

Objection 1: It would seem that robbery may be committed without sin.

For spoils are taken by violence, and this seems to belong to the

essence of robbery, according to what has been said (A. 4). Now it is

lawful to take spoils from the enemy; for Ambrose says (De Patriarch.

4 [*De Abraham i, 3]): "When the conqueror has taken possession of

the spoils, military discipline demands that all should be reserved

for the sovereign," in order, to wit, that he may distribute them.

Therefore in certain cases robbery is lawful.

Obj. 2: Further, it is lawful to take from a man what is not his. Now

the things which unbelievers have are not theirs, for Augustine says

(Ep. ad Vincent. Donat. xciii.): "You falsely call things your own,

for you do not possess them justly, and according to the laws of

earthly kings you are commanded to forfeit them." Therefore it seems

that one may lawfully rob unbelievers.

Obj. 3: Further, earthly princes violently extort many things from

their subjects: and this seems to savor of robbery. Now it would seem

a grievous matter to say that they sin in acting thus, for in that

case nearly every prince would be damned. Therefore in some cases

robbery is lawful.

_On the contrary,_ Whatever is taken lawfully may be offered to God

in sacrifice and oblation. Now this cannot be done with the proceeds

of robbery, according to Isa. 61:8, "I am the Lord that love

judgment, and hate robbery in a holocaust." Therefore it is not

lawful to take anything by robbery.

_I answer that,_ Robbery implies a certain violence and coercion

employed in taking unjustly from a man that which is his. Now in

human society no man can exercise coercion except through public

authority: and, consequently, if a private individual not having

public authority takes another's property by violence, he acts

unlawfully and commits a robbery, as burglars do. As regards princes,

the public power is entrusted to them that they may be the guardians

of justice: hence it is unlawful for them to use violence or

coercion, save within the bounds of justice--either by fighting

against the enemy, or against the citizens, by punishing evil-doers:

and whatever is taken by violence of this kind is not the spoils of

robbery, since it is not contrary to justice. On the other hand to

take other people's property violently and against justice, in the

exercise of public authority, is to act unlawfully and to be guilty

of robbery; and whoever does so is bound to restitution.

Reply Obj. 1: A distinction must be made in the matter of spoils. For

if they who take spoils from the enemy, are waging a just war, such

things as they seize in the war become their own property. This is no

robbery, so that they are not bound to restitution. Nevertheless even

they who are engaged in a just war may sin in taking spoils through

cupidity arising from an evil intention, if, to wit, they fight

chiefly not for justice but for spoil. For Augustine says (De Verb.

Dom. xix; Serm. lxxxii) that "it is a sin to fight for booty." If,

however, those who take the spoil, are waging an unjust war, they are

guilty of robbery, and are bound to restitution.

Reply Obj. 2: Unbelievers possess their goods unjustly in so far as

they are ordered by the laws of earthly princes to forfeit those

goods. Hence these may be taken violently from them, not by private

but by public authority.

Reply Obj. 3: It is no robbery if princes exact from their subjects

that which is due to them for the safe-guarding of the common good,

even if they use violence in so doing: but if they extort something

unduly by means of violence, it is robbery even as burglary is. Hence

Augustine says (De Civ. Dei iv, 4): "If justice be disregarded, what

is a king but a mighty robber? since what is a robber but a little

king?" And it is written (Ezech. 22:27): "Her princes in the midst of

her, are like wolves ravening the prey." Wherefore they are bound to

restitution, just as robbers are, and by so much do they sin more

grievously than robbers, as their actions are fraught with greater

and more universal danger to public justice whose wardens they are.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 457 / 1128 题