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Summa Theologiae · II-II, q. 67

Question 67. Of the Injustice of a Judge, in Judging

Thomas Aquinas, Summa Theologiae, Second Part of the Second Part. 4 articles.

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Text: Summa Theologiae, Project Gutenberg #18755, Second Part of the Second Part (Secunda Secundae), translated by the Fathers of the English Dominican Province. The Second Part of the Second Part of the Summa in the English Dominican translation (first printed 1911 to 1925; second and revised edition from 1920). A sample check on 2026-11-09 against pre-1931 printings at the Internet Archive (first printings of 1915 and 1916 and the second and revised edition of the 1920s) found that the article text matches, with no 1947 introduction, synopsis, or index. Question and article numbers were added by the transcriber. Rights: Public domain (US)

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We must now consider those vices opposed to commutative justice, that consist in words injurious to our neighbors. We shall consider (1) those which are connected with judicial proceedings, and (2) injurious words uttered extra-judicially.

Under the first head five points occur for our consideration: (1) The injustice of a judge in judging; (2) The injustice of the prosecutor in accusing; (3) The injustice of the defendant in defending himself; (4) The injustice of the witnesses in giving evidence; (5) The injustice of the advocate in defending.

Under the first head there are four points of inquiry:

(1) Whether a man can justly judge one who is not his subject?

(2) Whether it is lawful for a judge, on account of the evidence, to deliver judgment in opposition to the truth which is known to him?

(3) Whether a judge can justly sentence a man who is not accused?

(4) Whether he can justly remit the punishment?

Articles

  1. Whether a Man Can Justly Judge One Who Is Not Subject to His Jurisdiction?
  2. Whether It Is Lawful for a Judge to Pronounce Judgment Against the Truth That He Knows, on Account of Evidence to the Contrary?
  3. Whether a Judge May Condemn a Man Who Is Not Accused?
  4. Whether the Judge Can Lawfully Remit the Punishment?

Also online, linked only: the same translation at New Advent and the Latin text at Corpus Thomisticum. Neither is copied here.

Source: Thomas Aquinas. Summa Theologica, Second Part of the Second Part. Project Gutenberg #18755. Project Gutenberg record. Public domain in the USA. Outside the U.S., check local copyright rules. Project Gutenberg notices retained. The full Project Gutenberg license is kept in the hosted text.