Thomas Aquinas

“ 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. ”

“ It would seem that the sin is not aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others. Such like injuries take their sinful character from inflicting an injury on another against his will. Now the evil inflicted on a man's own person is more against his will than that which is inflicted on a person connected with him. Therefore an injury inflicted on a person connected with another is less grievous. ”

“ An injury inflicted on a person connected with others is less harmful to the persons with whom he is connected, than if it were perpetrated immediately on them, and from this point of view it is a less grievous sin. But all that belongs to the injury of the person with whom he is connected, is added to the sin of which a man is guilty through injuring the other one in himself. ”

“ A member should not be removed for the sake of the bodily health of the whole, unless otherwise nothing can be done to further the good of the whole. Now it is always possible to further one's spiritual welfare otherwise than by cutting off a member, because sin is always subject to the will: and consequently in no case is it allowable to maim oneself, even to avoid any sin whatever. ”

“ Further, as the whole soul is to the whole body, so are the parts of the soul to the parts of the body (De Anima ii, 1) . But it is unlawful to deprive a man of his soul by killing him, except by public authority. ”

“ Now according to nature it is appointed by God that a man's body should be entire in its members, and it is contrary to nature that it should be deprived of a member. Therefore it seems that it is always a sin to maim a person. ”

“ According to the order of His wisdom God sometimes restrains a sinner from accomplishing a sin, according to Job 5:12: "Who bringeth to nought the designs of the malignant, so that their hand cannot accomplish what they had begun, while sometimes He allows them to do what they will." In like manner, according to human justice, men are imprisoned, not for every sin but for certain ones. ”

“ Injuries done to widows and orphans are more insisted upon both through being more opposed to mercy, and because the same injury done to such persons is more grievous to them since they have no one to turn to for relief. ”

“ 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.
Reply to Objection 1: A man who abuses the power entrusted to him deserves to lose it, and therefore when a man by sinning abuses the free use of his members, he becomes a fitting matter for imprisonment. ”

“ Since anger is a desire for vengeance, it is aroused chiefly when a man deems himself unjustly injured, as the Philosopher states (Rhet. ii) . Hence when parents are forbidden to provoke their children to anger, they are not prohibited from striking their children for the purpose of correction, but from inflicting blows on them without moderation. The command that masters should forbear from threatening their slaves may be understood in two ways. ”

“ 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. ”

“ Further, human justice should be ruled by Divine justice. Now according to Ecclus. 15:14, "God left man in the hand of his own counsel." Therefore it seems that a man ought not to be coerced by chains or prisons. ”

“ Nor is lust tamed thereby, on the contrary it becomes more importunate, for the seed springs in us from other sources, and chiefly from an incontinent purpose and a careless mind: and temptation is curbed not so much by cutting off a member as by curbing one's thoughts. ”

“ The fact that the wife voluntarily consents to the adultery, lessens the sin and injury, so far as the woman is concerned, for it would be more grievous, if the adulterer oppressed her by violence. But this does not remove the injury as affecting her husband, since "the wife hath not power of her own body ”