Art. 6: THE REMAINING POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF PIETY; THE COMMANDMENTS

Project Gutenberg EPUB3 edition McHugh, John A. (John Ambrose), Callan, Charles J. (Charles Jerome), and Farrell, Edward P.
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2426. Vice of Avarice.—The vice which is opposed to liberality by defect in giving is avarice, which, properly speaking or as distinguished from theft and robbery, is an immoderate desire, love or delight entertained in respect to external corporal goods, such as lands or money.
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(a) The Absolute Malice of Avarice.—This sin is _per se_ venial, since it is only an excess in the love of a thing that is in itself indifferent and lawful; but it becomes mortal if the affection for money is so great that one is prepared to sacrifice grave obligations for its sake (e.g., to stay away from church rather than contribute to religion or the suffering poor). It is not merely carnal, since not concerned with bodily pleasure; nor merely spiritual, since riches are not a spiritual object; hence, it stands midway between spiritual and carnal vices.
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(b) The Comparative Malice of Avarice.—In regard to deformity, avarice is not worse than other sins, but rather the contrary. The less the good to which a vice is opposed, the less the deprivation caused by the vice; and hence since external goods, to whose proper esteem avarice is opposed, are less important than divine or human goods, it follows that avarice is not so sinful as irreligion, homicide, theft, etc. In regard to shamefulness, however, avarice is worse than other sins. The less valuable the created good that a vice pursues, the more disgraceful the vice; and hence since the miser sets his heart on external things, which are the lowest of all goods, preferring them to goods of body and of soul (e.g., to health, education) and even to divine goods, he is rightly regarded as more contemptible than other sinners. Some forms of avarice, too, are more despicable than others. Thus, in some persons avarice shows itself in their fear to consume or expend for their own necessary uses (parsimony, penuriousness); in others it shows itself by an unwillingness to give to others (stinginess, niggardliness), or a willingness to live at the expense of others (sponging); finally, the most disgusting form of avarice is seen in those who cannot bear to part with their possessions either for their own sake or for the sake of others, and find their happiness in mere possession (miserliness). In regard to influence, avarice has a pre-eminence among sins that causes it to be numbered among the seven capital vices.
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A capital vice is one of the chief sources of evil attraction that produces other sins, and it is clear that immoderate love of riches is one of the most prolific of sins. All are drawn to happiness, and money seems to secure the requisites for happiness (Ecclus., x. 16); hence we see that for the sake of holding to money men become hard of heart (Matt., xxiii. 14; Luke, xvi. 21), for the sake of acquiring it they become carnal and restless in mind (Ecclus., xiv. 9; Matt., xiii. 22) and have recourse to deeds of violence (III Kings, xxi. 2), of deception (Acts, xxiv. 26), of perjury (Matt., xxviii. 12 sqq.), of fraud (Luke, xvi. 4 sqq.), and of treachery (Matt., xxvi. 15). Avarice is at the same time one of the most dangerous of sins, for it will lead a man to sell even his own soul (Ecclus., X. 10) and to commit any enormity (I Tim., vi. 9), and one of the most incurable, for the miser never has enough (Prov., xxx. 15, 16) and is always able to make believe that his avarice is prudence or some other virtue (Wis., xv. 12).
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2427. Vice of Prodigality.—The vice opposed to liberality by excess in giving is prodigality, which is an insufficient regard for temporal things and an extravagant bestowal of them on others.
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(a) It is an insufficient care for temporal things: that is, as the miser loves money too much, so the prodigal esteems it too little; as the miser is over-anxious to get and keep money, so the prodigal is careless about earning or saving.
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(b) It is an extravagant bestowal of temporal things; that is, the prodigal gives more than he should, or else the circumstances do not call for his gift, as when he gives when or where or to whom he should not give.
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2428. The Sinfulness of Prodigality.—(a) From its nature it is venial. The prodigal is not the absolute owner of his goods, but a steward who is held to administer them according to reason. But his sin is not grave, since it does not injure others and the goods of which he deprives himself are of the lowest kind.
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(b) From its circumstances it may be mortal. Thus, it is made mortal on account of the purpose (e.g., extravagant presents made with a view to seduction or bribery), or the consequences (e.g., wastefulness which makes one unable to pay debts or assist a relative who is in grave need), or the special obligation of devoting superfluities to charity, as when one squanders the excess revenues of a benefice (see 1252).
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2429. Comparison of Avarice and Prodigality.—(a) They are associable, for the same person may be both avaricious and prodigal, though in different respects (e.g., some persons are spendthrifts in giving money away, and are thus forced to be grasping to get money and ready to obtain it by any means, foul or fair). (b) They are unequal in malice. Prodigality is less sinful than avarice, because it is less removed from liberality, less harmful to self and others, and less difficult to cure. It is said that prodigality is the vice of youth, avarice the vice of old age.
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2430. The Virtue of Equity.—The virtues that have been so far treated in the present Article are forms of particular justice, and they have the status of adjuncts or potential parts. We shall conclude the list of virtues grouped with justice by discussing equity, which belongs to general (legal) justice and has the rank of a subjective part (see above, 1635, 1636, 1745, 1701, 1704).
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2431. Definition of Equity.—In law, equity is any court system of extraordinary justice in which the standard is natural honesty as declared by the conscience of the judge or by a body of rules and procedures that supplement or override the usual rules and procedures where these are too narrow or limited. Thus, in England and in the United States courts of equity are those that take care of defined special cases for which there is no remedy in the usual or common law courts (Robinson, _Elementary Law_, Sec.348). But as here taken equity is a moral virtue, and is of two kinds, particular equity which pertains to particular justice (natural equity) and general equity which belongs to legal justice (legal equity).
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(a) Natural equity is a moral virtue that inclines one not to insist unnecessarily on one’s strict or legal rights when to do so will be unpleasant or burdensome to others. It is exemplified in the acts of an employer who freely grants a bonus to deserving employees in addition to the wage promised, and of a creditor who grants an extension of time to a hard-pressed debtor. This virtue partakes of both charity and justice; of charity, since it tempers justice with mercy; of justice, since it is really identical with the virtue of affability or friendliness mentioned above (2421). Its obligation as an act of justice is not grave, since the debt is not of a rigorous kind.
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(b) Legal equity is a moral virtue that inclines one to justice beyond the common laws, or it is a correction of the law in that wherein the law by reason of its universality is manifestly deficient. The law is said to be deficient here when its application in a particular case would be prejudicial to the supreme purpose of law (i.e., to the common good or to equal justice). Some precepts of the natural law (e.g., the prohibitions against lying and adultery) cannot be deficient in this way and need no supervising equity. But other precepts of natural law, according to some (e.g., the command that a deposit be returned to the depositor), and also precepts of positive law are found to be unsuitable in exceptional cases. The reason for this defect in a good law lies in the nature of the case; for these laws must be made in view of what happens in the majority of cases, and accordingly they are couched in general terms and permit of exceptions which the lawgiver himself would allow (see on Epieikeia, 411 sqq).
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2432. The Greatness of Legal Equity.—(a) It is a distinct virtue, since it inclines the will to do good and avoid iniquity in a matter of special difficulty. It is not a transgression of law, since it upholds the spirit when the letter departs from the spirit, and prizes the lawgiver’s intention to do what is just and right above the lawgiver’s words.
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(b) It is a subjective part of common justice, since all that is contained in the concept of justice belongs to equity. Thus, it differs from the potential and integral parts of justice so far treated in Articles 5 and 6.
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(c) It pertains to the species, not of particular, but of general or legal justice; for equity extends to all the virtues and is concerned with the debt owed to the common good. Thus, _per se_ its obligation is grave (see 1721).
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(d) It is the higher part of legal justice. Just as prudence has two parts—good judgment (_synesis_), which settles ordinary cases of morals according to the usual rules of conduct, and acute judgment (_gnome_), which passes on moral problems that are out of the ordinary run—so legal justice has two acts, a lower which applies the law to usual cases, and a higher (equity) which applies more remote principles (viz., that the common good be not injured, nor injustice done) where the immediate principles of the law are clearly inadequate. Thus, if a madman demands from a depositary the return of his revolver in order to commit murder, the letter of the law would uphold the madman, but equity would decide against him; if the enemy are attacking a city and one cannot repel them except by disregarding an ordinance of the city, the law would forbid one to transgress the ordinance, while equity would command one to transgress it.
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(e) Equity is, therefore, the noblest act of strict justice. For legal justice is preferred to particular justice (1703, 1715), and equity is the superior act of legal justice. In will and intention the common good and justice must take precedence over laws and statutes at all times; but in act the supreme ends of law are served, except in extraordinary cases, by obedience to law.
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2433. The Complements of Justice.—To each of the various virtues correspond certain complements, namely, Gifts of the Holy Ghost, Fruits of the Holy Ghost, and Beatitudes (see 159).
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(a) The Gift that corresponds to justice is piety, for, like justice, piety is exercised towards another, and moreover piety is the completion of the virtue of religion, the highest development of justice. This Gift is defined as “an infused habit that renders the soul well disposed towards God as its kind Father, and makes it quickly responsive to the Holy Spirit when He moves it to acts of filial affection towards God.” As the virtue of piety is shown to earthly fathers, so the Gift of Piety is shown to the Father in heaven: “You have received the spirit of adoption of sons, in which we cry: Abba, Father” (Rom., viii. 15). Religion honors God as Lord, piety as Father; filial fear reveres His majesty, piety His lovingkindness. And as a child tenderly loves all that belongs to a good father, so piety makes the soul rejoice and be glad in the things of God, in the Saints, the Scriptures, the practices of religion, and the like.
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(b) The Beatitudes assigned here are the fourth (Blessed are they that hunger and thirst after justice, for they shall have their fill), which agrees with justice, and the fifth (Blessed are the merciful, for they shall obtain mercy), which is suitable for piety inasmuch as one who finds his love and joy in God as Father will be compassionate to the suffering creatures of God. Like justice, both of these Beatitudes are exercised in reference to the neighbor (see 164).
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(c) The Fruits that seem most appropriate here are good will and kindness, which find a sweet joy in purposing and performing services for others. Like justice, these acts have reference to others (163); like piety, they see in their neighbors the children of the same heavenly Father. Thus, justice when alone is guided by prudence; it pays what is due to God as Lord, to man as neighbor; it acts perhaps with pain, but from a sense of duty. But when justice is supernaturally perfected, it is the Spirit of Piety which guides, and which makes one to see in God one’s Father and in man the child of God; even that which is not owed is given from mercy, and there is a hunger and thirst for justice; and in the payment of duty to others there is at last a joy found in the very difficulty itself.
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2434. The Commandments of Justice.—The various precepts regarding justice are contained in the Decalogue. For justice consists in the fulfillment of duties towards others whether they be superiors, equals or inferiors. The Ten Commandments sum up these duties of justice; the first three prescribe the duties owed to God, the fourth the duties owed to human superiors, and the other six the obligations which man has to his equals or to all fellowmen.
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2435. The order of the Commandments is most appropriate, for their purpose is to form man to virtue and to lead him to perfection, which consists in the love of God and neighbor (see 1118, 1553 sqq.), and they therefore outline first the service that is owed to God (Commandments of the First Table) and next the service that is owed to man (Commandments of the Second Table).
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(a) The Commandments of the First Table lay the foundation of the edifice of justice, for they teach us that our first duty is to render to God the things that are God’s. We must avoid, therefore, the excess of superstition (Thou shalt not have strange gods before Me) and the defect of irreligiousness (Thou shalt not take the name of the Lord Thy God in vain); we must practise the virtue of religion (Remember thou keep holy the Sabbath Day).
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(b) The Commandments of the Second Table begin with the duties owed to those to whom we are most bound after God, namely, parents, country, superiors (Honor thy father and thy mother). Next follow prohibitions against injuries done to any neighbor by deeds or words, whether the harm be to his person (Thou shalt not kill), or to those who are as one person with him (Thou shalt not commit adultery), or to a neighbor’s external corporal goods (Thou shalt not steal), or to his external incorporeal goods of fame and honor (Thou shalt not bear false witness against thy neighbor). Finally, there are prohibitions against thoughts or desires injurious to the neighbor, mention being made specially of those internal sins that are most common on account of the utility (Thou shalt not covet thy neighbor’s goods) or the pleasure (Thou shalt not covet thy neighbor’s wife) they afford.
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2436. We shall not give here any special treatment of the Decalogue. Rather we refer the reader to the excellent explanations that are contained in Part III of The Catechism of the Council of Trent. Moreover, each of the Commandments has been treated in the present work, chiefly in the Articles on justice, and supplementary matter can be drawn from some others of its articles. For the sake of convenience, however, we give here a list of references, showing the passages of this Moral Theology in which the Commandments of the Decalogue are explained.
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(a) Thus, for the First Commandment read on superstition (2274 sqq.) for the prohibitory part, on faith, hope and charity (746 sqq.) for the perceptive part.
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(b) For the Second Commandment read on irreligiousness (2299) for the prohibitory part; on oaths, adjuration and praise (2245 sqq.) for the preceptive part.
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(c) For the Third Commandment as to its natural precept, read on the virtue of religion (2145 sqq.); as to its positive precept, read on positive laws (340 sqq., 352, 425) and on the first Commandment of the Church (see 2575 sqq.).
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(d) For the Fourth Commandment read on the virtues of piety, reverence, obedience and gratitude (2344 sqq.). Other matter will be found under charity (1158 sqq., 1211 sqq.) and under the duties of particular states.
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(e) For the Fifth Commandment read on homicide, suicide, and bodily injury (1816-1871). Other matter will be found in the Articles on charity (1579 sqq., 1193 sqq.) and on affability (2421 sqq.).
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(f) For the Sixth Commandment read on injustice (1719 sqq.), on restitution (1803), and on the virtue of temperance (2461 sqq.).
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(g) For the Seventh Commandment read on commutative and distributive justice (1745 sqq.), on restitution (1751 sqq.), on injuries to property (1872-1938), on fraud (2121 sqq.), on liberality (2424 sqq.).
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(h) For the Eighth Commandment read on judicial injustice (1939 sqq.), on unjust words (2009 Sqq.), and on truthfulness (2385 sqq.).
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(i) For the Ninth and Tenth Commandments read on internal sins (230 sqq.), and on the malice of the internal act of sin (89-93).

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Moral theology, Project Gutenberg eBook #35354

Art. 5: THE QUASI-INTEGRAL AND POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF RELIGION AND THE OPPOSITE VICES (continued 1) Art. 7: THE VIRTUE OF FORTITUDE