|
is no longer in his
possession. For just as a man who strikes another, though he gain
nothing thereby, is bound to compensate the injured person, so too he
that is guilty of theft or robbery, is bound to make compensation for
the loss incurred, although he be no better off; and in addition he
must be punished for the injustice committed. Secondly, a man takes
another's property for his own profit but without committing an
injury, i.e. with the consent of the owner, as in the case of a loan:
and then, the taker is bound to restitution, not only by reason of
the thing, but also by reason of the taking, even if he has lost the
thing: for he is bound to compensate the person who has done him a
favor, and he would not be doing so if the latter were to lose
thereby. Thirdly, a man takes another's property without injury to
the latter or profit to himself, as in the case of a deposit;
wherefore he that takes a thing thus, incurs no obligation on account
of the taking, in fact by taking he grants a favor; but he is bound
to restitution on account of the thing taken. Consequently if this
thing be taken from him without any fault on his part, he is not
bound to restitution, although he would be, if he were to lose the
thing through a grievous fault on his part.
Reply Obj. 1: The chief end of restitution is, not that he who has
more than his due may cease to have it, but that he who has less than
his due may be compensated. Wherefore there is no place for
restitution in those things which one man may receive from another
without loss to the latter, as when a person takes a light from
another's candle. Consequently although he that has taken something
from another, may have ceased to have what he took, through having
transferred it to another, yet since that other is deprived of what
is his, both are bound to restitution, he that took the thing, on
account of the injurious taking, and he that has it, on account of
the thing.
Reply Obj. 2: Although a man is not bound to reveal his crime to
other men, yet is he bound to reveal it to God in confession; and so
he may make restitution of another's property through the priest to
whom he confesses.
Reply Obj. 3: Since restitution is chiefly directed to the
compensation for the loss incurred by the person from whom a thing
has been taken unjustly, it stands to reason that when he has
received sufficient compensation from one, the others are not bound
to any further restitution in h
|