Summa Th. II-II EN Qu.78 a.3
Objection: 1. It would seem that a man is bound to restore whatever profits he has made out of money gotten by usury. For the Apostle says (Rm 11,16): "If the root be holy, so are the branches." Therefore likewise if the root be rotten so are the branches. But the root was infected with usury. Therefore whatever profit is made therefrom is infected with usury. Therefore he is bound to restore it.
2. Further, it is laid down (Extra, De Usuris, in the Decretal: 'Cum tu sicut asseris'): "Property accruing from usury must be sold, and the price repaid to the persons from whom the usury was extorted." Therefore, likewise, whatever else is acquired from usurious money must be restored.
3. Further, that which a man buys with the proceeds of usury is due to him by reason of the money he paid for it. Therefore he has no more right to the thing purchased than to the money he paid. But he was bound to restore the money gained through usury. Therefore he is also bound to restore what he acquired with it.
On the contrary A man may lawfully hold what he has lawfully acquired. Now that which is acquired by the proceeds of usury is sometimes lawfully acquired. Therefore it may be lawfully retained.
I answer that As stated above (Article [1]), there are certain things whose use is their consumption, and which do not admit of usufruct, according to law (). Wherefore if such like things be extorted by means of usury, for instance money, wheat, wine and so forth, the lender is not bound to restore more than he received (since what is acquired by such things is the fruit not of the thing but of human industry), unless indeed the other party by losing some of his own goods be injured through the lender retaining them: for then he is bound to make good the loss.On the other hand, there are certain things whose use is not their consumption: such things admit of usufruct, for instance house or land property and so forth. Wherefore if a man has by usury extorted from another his house or land, he is bound to restore not only the house or land but also the fruits accruing to him therefrom, since they are the fruits of things owned by another man and consequently are due to him.
Reply to Objection: 1. The root has not only the character of matter, as money made by usury has; but has also somewhat the character of an active cause, in so far as it administers nourishment. Hence the comparison fails.
2. Further, Property acquired from usury does not belong to the person who paid usury, but to the person who bought it. Yet he that paid usury has a certain claim on that property just as he has on the other goods of the usurer. Hence it is not prescribed that such property should be assigned to the persons who paid usury, since the property is perhaps worth more than what they paid in usury, but it is commanded that the property be sold, and the price be restored, of course according to the amount taken in usury.
3. The proceeds of money taken in usury are due to the person who acquired them not by reason of the usurious money as instrumental cause, but on account of his own industry as principal cause. Wherefore he has more right to the goods acquired with usurious money than to the usurious money itself.
Objection: 1. It would seem that it is not lawful to borrow money under a condition of usury. For the Apostle says (Rm 1,32) that they "are worthy of death . . . not only they that do" these sins, "but they also that consent to them that do them." Now he that borrows money under a condition of usury consents in the sin of the usurer, and gives him an occasion of sin. Therefore he sins also.
2. Further, for no temporal advantage ought one to give another an occasion of committing a sin: for this pertains to active scandal, which is always sinful, as stated above (Question [43], Article [2]). Now he that seeks to borrow from a usurer gives him an occasion of sin. Therefore he is not to be excused on account of any temporal advantage.
3. Further, it seems no less necessary sometimes to deposit one's money with a usurer than to borrow from him. Now it seems altogether unlawful to deposit one's money with a usurer, even as it would be unlawful to deposit one's sword with a madman, a maiden with a libertine, or food with a glutton. Neither therefore is it lawful to borrow from a usurer.
On the contrary He that suffers injury does not sin, according to the Philosopher (Ethic. v, 11), wherefore justice is not a mean between two vices, as stated in the same book (ch. 5). Now a usurer sins by doing an injury to the person who borrows from him under a condition of usury. Therefore he that accepts a loan under a condition of usury does not sin.
I answer that It is by no means lawful to induce a man to sin, yet it is lawful to make use of another's sin for a good end, since even God uses all sin for some good, since He draws some good from every evil as stated in the Enchiridion (xi). Hence when Publicola asked whether it were lawful to make use of an oath taken by a man swearing by false gods (which manifest sin, for he gives Divine honor to them) Augustine (Ep. xlvii) answered that he who uses, not for a bad but for a good purpose, the oath of a man that swears by false gods, is a party, not to his sin of swearing by demons, but to his good compact whereby he kept his word. If however he were to induce him to swear by false gods, he would sin.Accordingly we must also answer to the question in point that it is by no means lawful to induce a man to lend under a condition of usury: yet it is lawful to borrow for usury from a man who is ready to do so and is a usurer by profession; provided the borrower have a good end in view, such as the relief of his own or another's need. Thus too it is lawful for a man who has fallen among thieves to point out his property to them (which they sin in taking) in order to save his life, after the example of the ten men who said to Ismahel (Jr 41,8): "Kill us not: for we have stores in the field."
Reply to Objection: 1. He who borrows for usury does not consent to the usurer's sin but makes use of it. Nor is it the usurer's acceptance of usury that pleases him, but his lending, which is good.
2. He who borrows for usury gives the usurer an occasion, not for taking usury, but for lending; it is the usurer who finds an occasion of sin in the malice of his heart. Hence there is passive scandal on his part, while there is no active scandal on the part of the person who seeks to borrow. Nor is this passive scandal a reason why the other person should desist from borrowing if he is in need, since this passive scandal arises not from weakness or ignorance but from malice.
3. If one were to entrust one's money to a usurer lacking other means of practising usury; or with the intention of making a greater profit from his money by reason of the usury, one would be giving a sinner matter for sin, so that one would be a participator in his guilt. If, on the other hand, the usurer to whom one entrusts one's money has other means of practising usury, there is no sin in entrusting it to him that it may be in safer keeping, since this is to use a sinner for a good purpose.
We must now consider the quasi-integral parts of justice, which are "to do good," and "to decline from evil," and the opposite vices. Under this head there are four points of inquiry:
(1) Whether these two are parts of justice?
(2) Whether transgression is a special sin?
(3) Whether omission is a special sin?
(4) Of the comparison between omission and transgression.
Objection: 1. It would seem that to decline from evil and to do good are not parts of justice. For it belongs to every virtue to perform a good deed and to avoid an evil one. But parts do not exceed the whole. Therefore to decline from evil and to do good should not be reckoned parts of justice, which is a special kind of virtue.
2. Further, a gloss on Ps 33,15, "Turn away from evil and do good," says: "The former," i.e. to turn away from evil, "avoids sin, the latter," i.e. to do good, "deserves the life and the palm." But any part of a virtue deserves the life and the palm. Therefore to decline from evil is not a part of justice.
3. Further, things that are so related that one implies the other, are not mutually distinct as parts of a whole. Now declining from evil is implied in doing good: since no one does evil and good at the same time. Therefore declining from evil and doing good are not parts of justice.
On the contrary Augustine (De Correp. et Grat. i) declares that "declining from evil and doing good" belong to the justice of the law.
I answer that If we speak of good and evil in general, it belongs to every virtue to do good and to avoid evil: and in this sense they cannot be reckoned parts of justice, except justice be taken in the sense of "all virtue" [*Cf. Question [58], Article [5]]. And yet even if justice be taken in this sense it regards a certain special aspect of good; namely, the good as due in respect of Divine or human law.On the other hand justice considered as a special virtue regards good as due to one's neighbor. And in this sense it belongs to special justice to do good considered as due to one's neighbor, and to avoid the opposite evil, that, namely, which is hurtful to one's neighbor; while it belongs to general justice to do good in relation to the community or in relation to God, and to avoid the opposite evil.Now these two are said to be quasi-integral parts of general or of special justice, because each is required for the perfect act of justice. For it belongs to justice to establish equality in our relations with others, as shown above (Question [58], Article [2]): and it pertains to the same cause to establish and to preserve that which it has established. Now a person establishes the equality of justice by doing good, i.e. by rendering to another his due: and he preserves the already established equality of justice by declining from evil, that is by inflicting no injury on his neighbor.
Reply to Objection: 1. Good and evil are here considered under a special aspect, by which they are appropriated to justice. The reason why these two are reckoned parts of justice under a special aspect of good and evil, while they are not reckoned parts of any other moral virtue, is that the other moral virtues are concerned with the passions wherein to do good is to observe the mean, which is the same as to avoid the extremes as evils: so that doing good and avoiding evil come to the same, with regard to the other virtues. On the other hand justice is concerned with operations and external things, wherein to establish equality is one thing, and not to disturb the equality established is another.
2. To decline from evil, considered as a part of justice, does not denote a pure negation, viz."not to do evil"; for this does not deserve the palm, but only avoids the punishment. But it implies a movement of the will in repudiating evil, as the very term "decline" shows. This is meritorious; especially when a person resists against an instigation to do evil.
3. Doing good is the completive act of justice, and the principal part, so to speak, thereof. Declining from evil is a more imperfect act, and a secondary part of that virtue. Hence it is a. material part, so to speak, thereof, and a necessary condition of the formal and completive part.
Objection: 1. It would seem that transgression is not a special sin. For no species is included in the definition of its genus. Now transgression is included in the definition of sin; because Ambrose says (De Parad. viii) that sin is "a transgression of the Divine law." Therefore transgression is not a species of sin.
2. Further, no species is more comprehensive than its genus. But transgression is more comprehensive than sin, because sin is a "word, deed or desire against the law of God," according to Augustine (Contra Faust. xxii, 27), while transgression is also against nature, or custom. Therefore transgression is not a species of sin.
3. Further, no species contains all the parts into which its genus is divided. Now the sin of transgression extends to all the capital vices, as well as to sins of thought, word and deed. Therefore transgression is not a special sin.
On the contrary It is opposed to a special virtue, namely justice.
I answer that The term transgression is derived from bodily movement and applied to moral actions. Now a person is said to transgress in bodily movement, when he steps [graditur] beyond [trans] a fixed boundary---and it is a negative precept that fixes the boundary that man must not exceed in his moral actions. Wherefore to transgress, properly speaking, is to act against a negative precept.Now materially considered this may be common to all the species of sin, because man transgresses a Divine precept by any species of mortal sin. But if we consider it formally, namely under its special aspect of an act against a negative precept, it is a special sin in two ways. First, in so far as it is opposed to those kinds of sin that are opposed to the other virtues: for just as it belongs properly to legal justice to consider a precept as binding, so it belongs properly to a transgression to consider a precept as an object of contempt. Secondly, in so far as it is distinct from omission which is opposed to an affirmative precept.
Reply to Objection: 1. Even as legal justice is "all virtue" (Question [58], Article [5]) as regards its subject and matter, so legal injustice is materially "all sin." It is in this way that Ambrose defined sin, considering it from the point of view of legal injustice.
2. The natural inclination concerns the precepts of the natural law. Again, a laudable custom has the force of a precept; since as Augustine says in an epistle On the Fast of the Sabbath (Ep. xxxvi), "a custom of God's people should be looked upon as law." Hence both sin and transgression may be against a laudable custom and against a natural inclination.
3. All these species of sin may include transgression, if we consider them not under their proper aspects, but under a special aspect, as stated above. The sin of omission, however, is altogether distinct from the sin of transgression.
Objection: 1. It would seem that omission is not a special sin. For every sin is either original or actual. Now omission is not original sin, for it is not contracted through origin nor is it actual sin, for it may be altogether without act, as stated above (FS, Question [71], Article [5]) when we were treating of sins in general. Therefore omission is not a special sin.
2. Further, every sin is voluntary. Now omission sometimes is not voluntary but necessary, as when a woman is violated after taking a vow of virginity, or when one lose that which one is under an obligation to restore, or when a priest is bound to say Mass, and is prevented from doing so. Therefore omission is not always a sin.
3. Further, it is possible to fix the time when any special sin begins. But this is not possible in the case of omission, since one is not altered by not doing a thing, no matter when the omission occurs, and yet the omission is not always sinful. Therefore omission is not a special sin.
4. Further, every special sin is opposed to a special virtue. But it is not possible to assign any special virtue to which omission is opposed, both because the good of any virtue can be omitted, and because justice to which it would seem more particularly opposed, always requires an act, even in declining from evil, as stated above (Article [1], ad 2), while omission may be altogether without act. Therefore omission is not a special sin.
On the contrary It is written (Jc 4,17): "To him . . . who knoweth to do good and doth it not, to him it is sin."
I answer that omission signifies the non-fulfilment of a good, not indeed of any good, but of a good that is due. Now good under the aspect of due belongs properly to justice; to legal justice, if the thing due depends on Divine or human law; to special justice, if the due is something in relation to one's neighbor. Wherefore, in the same way as justice is a special virtue, as stated above (Question [58], Articles [6],7), omission is a special sin distinct from the sins which are opposed to the other virtues; and just as doing good, which is the opposite of omitting it, is a special part of justice, distinct from avoiding evil, to which transgression is opposed, so too is omission distinct from transgression.
Reply to Objection: 1. Omission is not original but actual sin, not as though it had some act essential to it, but for as much as the negation of an act is reduced to the genus of act, and in this sense non-action is a kind of action, as stated above (FS, Question [71], Article [6], ad 1).
2. Omission, as stated above, is only of such good as is due and to which one is bound. Now no man is bound to the impossible: wherefore no man sins by omission, if he does not do what he cannot. Accordingly she who is violated after vowing virginity, is guilty of an omission, not through not having virginity, but through not repenting of her past sin, or through not doing what she can to fulfil her vow by observing continence. Again a priest is not bound to say Mass, except he have a suitable opportunity, and if this be lacking, there is no omission. And in like manner, a person is bound to restitution, supposing he has the wherewithal; if he has not and cannot have it, he is not guilty of an omission, provided he does what he can. The same applies to other similar cases.
3. Just as the sin of transgression is opposed to negative precepts which regard the avoidance of evil, so the sin of omission is opposed to affirmative precepts, which regard the doing of good. Now affirmative precepts bind not for always, but for a fixed time, and at that time the sin of omission begins. But it may happen that then one is unable to do what one ought, and if this inability is without any fault on his part, he does not omit his duty, as stated above (ad 2; FS, Question [71], Article [5]). On the other hand if this inability is due to some previous fault of his (for instance, if a man gets drunk at night, and cannot get up for matins, as he ought to), some say that the sin of omission begins when he engages in an action that is illicit and incompatible with the act to which he is bound. But this does not seem to be true, for supposing one were to rouse him by violence and that he went to matins, he would not omit to go, so that, evidently, the previous drunkenness was not an omission, but the cause of an omission. Consequently, we must say that the omission begins to be imputed to him as a sin, when the time comes for the action; and yet this is on account of a preceding cause by reason of which the subsequent omission becomes voluntary.
4. Omission is directly opposed to justice, as stated above; because it is a non-fulfilment of a good of virtue, but only under the aspect of due, which pertains to justice. Now more is required for an act to be virtuous and meritorious than for it to be sinful and demeritorious, because "good results from an entire cause, whereas evil arises from each single defect" [*Dionysius, De Div. Nom. iv]. Wherefore the merit of justice requires an act, whereas an omission does not.
Objection: 1. It would seem that a sin of omission is more grievous than a sin of transgression. For "delictum" would seem to signify the same as "derelictum" [*Augustine, Questions. in Levit., qu. xx], and therefore is seemingly the same as an omission. But "delictum" denotes a more grievous offence than transgression, because it deserves more expiation as appears from Lv 5. Therefore the sin of omission is more grievous than the sin of transgression.
2. Further, the greater evil is opposed to the greater good, as the Philosopher declares (Ethic. viii, 10). Now to do good is a more excellent part of justice, than to decline from evil, to which transgression is opposed, as stated above (Article [1], ad 3). Therefore omission is a graver sin than transgression.
3. Further, sins of transgression may be either venial or mortal. But sins of omission seem to be always mortal, since they are opposed to an affirmative precept. Therefore omission would seem to be a graver sin than transgression.
4. Further, the pain of loss which consists in being deprived of seeing God and is inflicted for the sin of omission, is a greater punishment than the pain of sense, which is inflicted for the sin of transgression, as Chrysostom states (Hom. xxiii super Matth.). Now punishment is proportionate to fault. Therefore the sin of omission is graver than the sin of transgression.
On the contrary It is easier to refrain from evil deeds than to accomplish good deeds. Therefore it is a graver sin not to refrain from an evil deed, i.e. "to transgress," than not to accomplish a good deed, which is "to omit."
I answer that The gravity of a sin depends on its remoteness from virtue. Now contrariety is the greatest remoteness, according to Metaph. x [*Didot. ed. ix, 4]. Wherefore a thing is further removed from its contrary than from its simple negation; thus black is further removed from white than not-white is, since every black is not-white, but not conversely. Now it is evident that transgression is contrary to an act of virtue, while omission denotes the negation thereof: for instance it is a sin of omission, if one fail to give one's parents due reverence, while it is a sin of transgression to revile them or injure them in any way. Hence it is evident that, simply and absolutely speaking, transgression is a graver sin than omission, although a particular omission may be graver than a particular transgression.
Reply to Objection: 1. "Delictum" in its widest sense denotes any kind of omission; but sometimes it is taken strictly for the omission of something concerning God, or for a man's intentional and as it were contemptuous dereliction of duty: and then it has a certain gravity, for which reason it demands a greater expiation.
2. The opposite of "doing good" is both "not doing good," which is an omission, and "doing evil," which is a transgression: but the first is opposed by contradiction, the second by contrariety, which implies greater remoteness: wherefore transgression is the more grievous sin.
3. Just as omission is opposed to affirmative precepts, so is transgression opposed to negative precepts: wherefore both, strictly speaking, have the character of mortal sin. Transgression and omission, however, may be taken broadly for any infringement of an affirmative or negative precept, disposing to the opposite of such precept: and so taking both in a broad sense they may be venial sins.
4. To the sin of transgression there correspond both the pain of loss on account of the aversion from God, and the pain of sense, on account of the inordinate conversion to a mutable good. In like manner omission deserves not only the pain of loss, but also the pain of sense, according to Mt 7,19, "Every tree that bringeth not forth good fruit shall be cut down, and shall be cast into the fire"; and this on account of the root from which it grows, although it does not necessarily imply conversion to any mutable good.
We must now consider the potential parts of justice, namely the virtues annexed thereto; under which head there are two points of consideration:
(1) What virtues are annexed to justice?
(2) The individual virtues annexed to justice.
Objection: 1. It would seem that the virtues annexed to justice are unsuitably enumerated Tully [*De Invent. ii, 53] reckons six, viz. "religion, piety, gratitude, revenge, observance, truth." Now revenge is seemingly a species of commutative justice whereby revenge is taken for injuries inflicted, as stated above (Question [61], Article [4]). Therefore it should not be reckoned among the virtues annexed to justice.
2. Further, Macrobius (Super Somn. Scip. i, 8) reckons seven, viz. "innocence, friendship, concord, piety, religion, affection, humanity," several of which are omitted by Tully. Therefore the virtues annexed to justice would seem to be insufficiently enumerated.
3. Further, others reckon five parts of justice, viz. "obedience" in respect of one's superiors, "discipline" with regard to inferiors, "equity" as regards equals, "fidelity" and "truthfulness" towards all; and of these "truthfulness" alone is mentioned by Tully. Therefore he would seem to have enumerated insufficiently the virtues annexed to justice.
4. Further, the peripatetic Andronicus [*De Affectibus] reckons nine parts annexed to justice viz. "liberality, kindliness, revenge, commonsense, [*(eugnomosyne)] piety, gratitude, holiness, just exchange" and "just lawgiving"; and of all these it is evident that Tully mentions none but "revenge." Therefore he would appear to have made an incomplete enumeration.
5. Further, Aristotle (Ethic. v, 10) mentions (epieikeia) as being annexed to justice: and yet seemingly it is not included in any of the foregoing enumerations. Therefore the virtues annexed to justice are insufficiently enumerated.
I answer that Two points must be observed about the virtues annexed to a principal virtue. The first is that these virtues have something in common with the principal virtue; and the second is that in some respect they fall short of the perfection of that virtue. Accordingly since justice is of one man to another as stated above (Question [58], Article [2]), all the virtues that are directed to another person may by reason of this common aspect be annexed to justice. Now the essential character of justice consists in rendering to another his due according to equality, as stated above (Question [58], Article [11]). Wherefore in two ways may a virtue directed to another person fall short of the perfection of justice: first, by falling short of the aspect of equality; secondly, by falling short of the aspect of due. For certain virtues there are which render another his due, but are unable to render the equal due. In the first place, whatever man renders to God is due, yet it cannot be equal, as though man rendered to God as much as he owes Him, according to Ps 115,12, "What shall I render to the Lord for all the things that He hath rendered to me?" In this respect "religion" is annexed to justice since, according to Tully (De invent. ii, 53), it consists in offering service and ceremonial rites or worship to "some superior nature that men call divine." Secondly, it is not possible to make to one's parents an equal return of what one owes to them, as the Philosopher declares (Ethic. viii, 14); and thus "piety" is annexed to justice, for thereby, as Tully says (De invent. ii, 53), a man "renders service and constant deference to his kindred and the well-wishers of his country." Thirdly, according to the Philosopher (Ethic. iv, 3), man is unable to offer an equal meed for virtue, and thus "observance" is annexed to justice, consisting according to Tully (De invent. ii, 53) in the "deference and honor rendered to those who excel in worth."A falling short of the just due may be considered in respect of a twofold due, moral or legal: wherefore the Philosopher (Ethic. viii, 13) assigns a corresponding twofold just. The legal due is that which one is bound to render by reason of a legal obligation; and this due is chiefly the concern of justice, which is the principal virtue. On the other hand, the moral due is that to which one is bound in respect of the rectitude of virtue: and since a due implies necessity, this kind of due has two degrees. For one due is so necessary that without it moral rectitude cannot be ensured: and this has more of the character of due. Moreover this due may be considered from the point of view of the debtor, and in this way it pertains to this kind of due that a man represent himself to others just as he is, both in word and deed. Wherefore to justice is annexed "truth," whereby, as Tully says (De invent. ii, 53), present, past and future things are told without perversion. It may also be considered from the point of view of the person to whom it is due, by comparing the reward he receives with what he has done---sometimes in good things; and then annexed to justice we have "gratitude" which "consists in recollecting the friendship and kindliness shown by others, and in desiring to pay them back," as Tully states (De invent. ii, 53)---and sometimes in evil things, and then to justice is annexed "revenge," whereby, as Tully states (De invent. ii, 53), "we resist force, injury or anything obscure* by taking vengeance or by self-defense." [*St. Thomas read 'obscurum,' and explains it as meaning 'derogatory,' infra Question [108], Article [2]. Cicero, however, wrote 'obfuturum,' i.e. 'hurtful.']There is another due that is necessary in the sense that it conduces to greater rectitude, although without it rectitude may be ensured. This due is the concern of "liberality," "affability" or "friendship," or the like, all of which Tully omits in the aforesaid enumeration because there is little of the nature of anything due in them.
Reply to Objection: 1. The revenge taken by authority of a public power, in accordance with a judge's sentence, belongs to commutative justice: whereas the revenge which a man takes on his own initiative, though not against the law, or which a man seeks to obtain from a judge, belongs to the virtue annexed to justice.
2. Macrobius appears to have considered the two integral parts of justice, namely, "declining from evil," to which "innocence" belongs, and "doing good," to which the six others belong. Of these, two would seem to regard relations between equals, namely, "friendship" in the external conduct and "concord" internally; two regard our relations toward superiors, namely, "piety" to parents, and "religion" to God; while two regard our relations towards inferiors, namely, "condescension," in so far as their good pleases us, and "humanity," whereby we help them in their needs. For Isidore says (Etym. x) that a man is said to be "humane, through having a feeling of love and pity towards men: this gives its name to humanity whereby we uphold one another." In this sense "friendship" is understood as directing our external conduct towards others, from which point of view the Philosopher treats of it in Ethic. iv, 6. "Friendship" may also be taken as regarding properly the affections, and as the Philosopher describes it in Ethic. viii and ix. In this sense three things pertain to friendship, namely, "benevolence" which is here called "affection"; "concord," and "beneficence" which is here called "humanity." These three, however, are omitted by Tully, because, as stated above, they have little of the nature of a due.
3. "Obedience" is included in observance, which Tully mentions, because both reverential honor and obedience are due to persons who excel. "Faithfulness whereby a man's acts agree with his words" [*Cicero, De Repub. iv, De Offic. i, 7], is contained in "truthfulness" as to the observance of one's promises: yet "truthfulness" covers a wider ground, as we shall state further on (Question [109], Articles [1],3). "Discipline" is not due as a necessary duty, because one is under no obligation to an inferior as such, although a superior may be under an obligation to watch over his inferiors, according to Mt 24,45, "A faithful and wise servant, whom his lord hath appointed over his family": and for this reason it is omitted by Tully. It may, however, be included in humanity mentioned by Macrobius; and equity under (epieikeia) or under "friendship."
4. This enumeration contains some belonging to true justice. To particular justice belongs "justice of exchange," which he describes as "the habit of observing equality in commutations." To legal justice, as regards things to be observed by all, he ascribes "legislative justice," which he describes as "the science of political commutations relating to the community." As regards things which have to be done in particular cases beside the general laws, he mentions "common sense" or "good judgment*," which is our guide in such like matters, as stated above (Question [51], Article [4]) in the treatise on prudence: wherefore he says that it is a "voluntary justification," because by his own free will man observes what is just according to his judgment and not according to the written law. [*St. Thomas indicates the Greek derivation: (eugnomosyne) quasi 'bona (gnome).'] These two are ascribed to prudence as their director, and to justice as their executor. (Eusebeia) [piety] means "good worship" and consequently is the same as religion, wherefore he says that it is the science of "the service of God" (he speaks after the manner of Socrates who said that 'all the virtues are sciences') [*Aristotle, Ethic. vi, 13]: and "holiness" comes to the same, as we shall state further on (Question [81], Article [8]). (Eucharistia) (gratitude) means "good thanksgiving," and is mentioned by Macrobius: wherefore Isidore says (Etym. x) that "a kind man is one who is ready of his own accord to do good, and is of gentle speech": and Andronicus too says that "kindliness is a habit of voluntary beneficence." "Liberality" would seem to pertain to "humanity."
5. (Epieikeia) is annexed, not to particular but to legal justice, and apparently is the same as that which goes by the name of (eugnomosyne) [common sense].
Summa Th. II-II EN Qu.78 a.3