nyone. Now it would sometimes be injurious to the man
himself, or to others, were one to restore to him what has been taken
from him; if, for instance, one were to return a madman his sword.
Therefore restitution need not always be made to the person from whom
a thing has been taken.
Obj. 2: Further, if a man has given a thing unlawfully, he does not
deserve to recover it. Now sometimes a man gives unlawfully that
which another accepts unlawfully, as in the case of the giver and
receiver who are guilty of simony. Therefore it is not always
necessary to make restitution to the person from whom one has taken
something.
Obj. 3: Further, no man is bound to do what is impossible. Now it is
sometimes impossible to make restitution to the person from whom a
thing has been taken, either because he is dead, or because he is too
far away, or because he is unknown to us. Therefore restitution need
not always be made to the person from whom a thing has been taken.
Obj. 4: Further, we owe more compensation to one from whom we have
received a greater favor. Now we have received greater favors from
others (our parents for instance) than from a lender or depositor.
Therefore sometimes we ought to succor some other person rather than
make restitution to one from whom we have taken something.
Obj. 5: Further, it is useless to restore a thing which reverts to
the restorer by being restored. Now if a prelate has unjustly taken
something from the Church and makes restitution to the Church, it
reverts into his hands, since he is the guardian of the Church's
property. Therefore he ought not to restore to the Church from whom
he has taken: and so restitution should not always be made to the
person from whom something has been taken away.
_On the contrary,_ It is written (Rom. 13:7): "Render . . . to all
men their dues; tribute to whom tribute is due, custom to whom
custom."
_I answer that,_ Restitution re-establishes the equality of
commutative justice, which equality consists in the equalizing of
thing to thing, as stated above (A. 2; Q. 58, A. 10). Now this
equalizing of things is impossible, unless he that has less than his
due receive what is lacking to him: and for this to be done,
restitution must be made to the person from whom a thing has been
taken.
Reply Obj. 1: When the thing to be restored appears to be grievously
injurious to the person to whom it is to be restored, or to some
other, it should not be restored to h
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