YOUCAT Question n. 430 - What is meant by commutative justice?
(Youcat
answer) Commutative justice regulates exchanges between persons in accordance
with a strict respect for their rights. It makes sure that property rights are
safeguarded, debts repaid, and freely contracted obligations are fulfilled,
that reparation is made for injustice or damage, and that stolen goods are
returned.
A deepening through CCC
(CCC 2411)
Contracts are subject to commutative
justice which regulates exchanges between persons in accordance with a
strict respect for their rights. Commutative justice obliges strictly; it
requires safeguarding property rights, paying debts, and fulfilling obligations
freely contracted. Without commutative justice, no other form of justice is
possible. One distinguishes commutative
justice from legal justice which
concerns what the citizen owes in fairness to the community, and from distributive justice which regulates
what the community owes its citizens in proportion to their contributions and
needs.
Reflecting and meditating
(CCC Comment)
(CCC 2412)
In virtue of commutative justice, reparation
for injustice committed requires the restitution of stolen goods to their
owner: Jesus blesses Zacchaeus for his pledge: "If I have defrauded anyone
of anything, I restore it fourfold" (Lk 19:8). Those who, directly or
indirectly, have taken possession of the goods of another, are obliged to make
restitution of them, or to return the equivalent in kind or in money, if the
goods have disappeared, as well as the profit or advantages their owner would
have legitimately obtained from them. Likewise, all who in some manner have
taken part in a theft or who have knowingly benefited from it - for example,
those who ordered it, assisted in it, or received the stolen goods - are
obliged to make restitution in proportion to their responsibility and to their
share of what was stolen.
(The next question is: Is it permissible to use tax dodges?)
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