Aquinas on crimes

Aquinas justified the necessity of both civil and penal law. As a social animal, man needs civil law to
determine how he will deal with others, such as in buying and selling (S.T., I-II, Q. 95, A.4). Since no man
is by nature bad or evil, mere personal training by admonition may suffice to keep a man virtuous. Still,
punishments may be needed for those “depraved and prone to vice, and not easily amenable to words…
to be restrained from evil by force and fear” (S.T., I-II. Q. 95, A.1).

People are of various predispositions and environment. Out of fear, a person can be habituated to do
what is virtuous since penal law forces him to do or resist doing an act until it becomes his second
nature. Human law may be a hindrance to some, but the just man will conform to it spontaneously, as if
no law is needed for him because how he lives is already in agreement with the law.

Aquinas distinguished general from particular justice. General Justice refers to legal justice that serves
the community. It is also referred to as “distributive justice” as it distributes the common good. On one
hand, particular justice is in relation to individuals who are individually different (S.T., II-II, Q. 58, A.5).

Rendering justice does not necessarily mean same treatment, but equitable treatment on what the
other deserves by natural or contractual/positive right; that is, rendering to each that “which is due to
him according to equality of proportion” (S.T., II-I, Q.58, A.11, corpus).

This qualification on justice justifies the doctrine of reasonable classification under the Equal Protection
clause. Consistency must be observed in justice. For “justice is a habit whereby a man renders to each
one his due by a constant and perpetual will”

Restitution

Man is bound to give restitution according to the loss he brought upon another, with damages for what
the other could have obtained (S.T., II-II, Q.62, A.5). Restitution can be made by repayment of the
equivalent or by compensation.

Retribution

A punishment must consist of something perceived to be “evil” by the wrongdoer by depriving him of a
good, so that potential wrongdoers will refrain from breaking the law if only to avoid the penalty
(Summa Contra Gentiles, II, 141). Although punishment will be perceived as bad by the law breaker, it
will be for the common good of the community, and also good to the criminal since the law will break
his excessive indulgence of his will.