Of Other Injuries Committed on the Person

Of Other Injuries Committed on the Person — St. Thomas Aquinas asks: Whether in some cases it may be lawful to maim anyone?; Whether it is lawful for parents to strike their children, or masters their slaves?; Whether it is lawful to imprison a man?; Whether the sin is aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others?.

We must now consider other sinful injuries committed on the person. Under this head there are four points of inquiry:

Article 1: Whether in some cases it may be lawful to maim anyone?

It is written (Ex. 21:24): "Eye for eye, tooth for tooth, hand for hand, foot for foot."

Since a member is part of the whole human body, it is for the sake of the whole, as the imperfect for the perfect. Hence a member of the human body is to be disposed of according as it is expedient for the body. Now a member of the human body is of itself useful to the good of the whole body, yet, accidentally it may happen to be hurtful, as when a decayed member is a source of corruption to the whole body. Accordingly so long as a member is healthy and retains its natural disposition, it cannot be cut off without injury to the whole body. But as the whole of man is directed as to his end to the whole of the community of which he is a part, as stated above (; ), it may happen that although the removal of a member may be detrimental to the whole body, it may nevertheless be directed to the good of the community, in so far as it is applied to a person as a punishment for the purpose of restraining sin. Hence just as by public authority a person is lawfully deprived of life altogether on account of certain more heinous sins, so is he deprived of a member on account of certain lesser sins. But this is not lawful for a private individual, even with the consent of the owner of the member, because this would involve an injury to the community, to whom the man and all his parts belong. If, however, the member be decayed and therefore a source of corruption to the whole body, then it is lawful with the consent of the owner of the member, to cut away the member for the welfare of the whole body, since each one is entrusted with the care of his own welfare. The same applies if it be done with the consent of the person whose business it is to care for the welfare of the person who has a decayed member: otherwise it is altogether unlawful to maim anyone.

Article 2: Whether it is lawful for parents to strike their children, or masters their slaves?

It is written (Prov. 13:24): "He that spareth the rod hateth his son," and further on (Prov. 23:13): "Withhold not correction from a child, for if thou strike him with the rod, he shall not die. Thou shalt beat him with the rod, and deliver his soul from hell." Again it is written (Ecclus. 33:28): "Torture and fetters are for a malicious slave."

Harm is done a body by striking it, yet not so as when it is maimed: since maiming destroys the body's integrity, while a blow merely affects the sense with pain, wherefore it causes much less harm than cutting off a member. Now it is unlawful to do a person a harm, except by way of punishment in the cause of justice. Again, no man justly punishes another, except one who is subject to his jurisdiction. Therefore it is not lawful for a man to strike another, unless he have some power over the one whom he strikes. And since the child is subject to the power of the parent, and the slave to the power of his master, a parent can lawfully strike his child, and a master his slave that instruction may be enforced by correction.

Article 3: Whether it is lawful to imprison a man?

We read in Lev. 24 that a man was imprisoned for the sin of blasphemy.

In the goods three things may be considered in due order. First, the substantial integrity of the body, and this is injured by death or maiming. Secondly, pleasure or rest of the senses, and to this striking or anything causing a sense of pain is opposed. Thirdly, the movement or use of the members, and this is hindered by binding or imprisoning or any kind of detention.

Therefore it is unlawful to imprison or in any way detain a man, unless it be done according to the order of justice, either in punishment, or as a measure of precaution against some evil.

Article 4: Whether the sin is aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others?

It is written (Dt. 28:32) as though indicating an aggravating circumstance: "Thy sons and thy daughters shall be given to another people, thy eyes looking on [*Vulg.: 'May thy sons and thy daughters be given,' etc.]."

Other things being equal, an injury is a more grievous sin according as it affects more persons; and hence it is that it is a more grievous sin to strike or injure a person in authority than a private individual, because it conduces to the injury of the whole community, as stated above (). Now when an injury is inflicted on one who is connected in any way with another, that injury affects two persons, so that, other things being equal, the sin is aggravated by this very fact. It may happen, however, that in view of certain circumstances, a sin committed against one who is not connected with any other person, is more grievous, on account of either the dignity of the person, or the greatness of the injury.