Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
=36. Duties concerning the property of others.=--After having established
the right of general property, we have to expound the duties relative to
the property of others.
The property of others may be injured in various ways, and in different
cases. These cases are: 1, _loans_; 2, _trusts_; 3, _things lost_; 4,
_sales_; 5, _property_ strictly _so-called_.
=37. Loans.--Debts.=--The inequality of riches is the cause that among men
some have need of what others possess, and yet cannot procure by
_purchase_, for want of means. In this case, the first turn to the second
to obtain the temporary enjoyment of the thing they stand in need of; this
is called _borrowing_; the reciprocal act, which consists in conceding for
a time the desired object, is called _loaning_. He who borrows, and who by
this very act engages himself to return the thing again, is called
_debtor_ (who owes), and he who loans is called _creditor_; he has a
credit on his debtor.
Several questions spring from this, some very simple, others very
delicate, and often debated.
=38. Rights and duties of the creditor.--Money interest.--Usury.=--And
first, is it a duty to loan to any that ask you? It is evident that if it
is a duty it can be only a duty of charity, or friendliness, but not of
strict justice. One is no more obliged to loan to all than to give to all.
The duty of loaning, like the duty of giving without discrimination, would
be tantamount to the negation of property; for he who would open his
money-chest to all unconditionally, however rich he might be, would in a
few days be absolutely despoiled. Besides, the same duty weighing equally
on those who have received, they in their turn would be obliged to pass
their goods over to others, and no one would ever be proprietor. In this
case, it would even be better to hand all property over to the State, that
it might establish a certain order and fixity in the repartition of it.
It is this doctrine which a Father of the Church, Clement of Alexandria,
has expressed in these terms in his treatise: _Can any rich man be saved?_
"What division of property could there be among men if no one had
anything? If we cannot fulfil the duties of charity without any money,
and if at the same time we were commanded to reject riches, would
there not be contradiction? Would it not be to say at the same time
give and not give, feed and not feed, share and not share?"
It is therefore not a strict duty to loan to all; it is a form of
benevolence, and we must put off to another chapter (ch. vi.) the
conditions and the degrees of this duty.
Public-domain text, read in full here on John Shaqi.
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