Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
9. St. Thomas speaks of sales, but the principle applies equally to
loans. It is upon loans of money that interest is commonly taken, and
of money-loans we speak. Clearly, according to the doctrine stated,
the lender can claim the compensation of interest, if he has to pinch
himself in order to lend, or lends at a notable risk. He is selling
his own loss,--or risk, which is loss once removed. But supposing he
has other monies in hand, and the security is good, and he has enough
still left for all domestic needs, and for all luxuries that he cares
to indulge in,--moreover he has nothing absolutely to do with his
money, in the event of his not lending it, but to hoard it up in his
strong box, and wait long months till he has occasion to use it: in
that case, if he lends it he will be no worse off on the day that he
gets it back, no worse off in the time while it is away, than if it
had never left his coffers. Such is the contract of _mutuum_, shorn of
all accidental attendant circumstances, a contract, which "of its own
nature," as Benedict XIV. says, that is, apart from circumstances,
"requires the amount returned exactly to balance the amount received."
Not though the borrower has profited of the loan to gain kingdoms, is
any further return in strict justice to be exacted of him on that
precise account.
10. But now an altered case. Suppose land is purchaseable, and it is
proposed to stock a farm with cattle, and rear them, and convey them
to a large town where there is a brisk demand for meat--the
supposition is not always verified, nor any supposition like it, but
suppose it verified in some one case--then, though the lender has
other monies in hand for the needs of his household, and the security
is good, yet the money is not so lent as that he foregoes no occasion
of lawful gain by lending it. He foregoes the purchase of land and
farm stock, or at least delays it, and delay is loss where profit is
perennial. On that score of gain forfeited he may exact interest on
the money that he lends, which interest will be no usury. The title of
interest here given is recognized by divines as _lucrum cessans_,
"interruption of profit." The interest is taken, so far as it goes
upon a lawful title, not upon the fact of the borrower's profit--that
is irrelevant--but upon the profit that the lender might have made,
had he kept the money in hand.
Public-domain text, read in full here on John Shaqi.
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