Every error in commutative justice is an immolation of the laborer, a transfusion of the blood of one man into the body of another.
Thus, the judge's act must be objectively unjust, that is, in violation of a strict right under commutative justice.
According to other opinions, tax laws oblige sometimes from legal, sometimes from commutative justice.
If the person punished accepts the penalty in the same spirit, he also practises commutative justice.
Employers have a duty of commutative justice to give work to men with whom they have made a contract of labor and not to keep work from men unfairly; hence, arbitrary dismissal or blacklisting is a crime against justice.
The same act may be elicited by two kinds of justice, as when a debt is owed both in virtue of commutative and of distributive justice.
Commutative therefore, they place in the equality of value of the things contracted for; And Distributive, in the distribution of equall benefit, to men of equall merit.
This, he says, is an axiom of justice as well as of mathematics; and he asks whether there is not a true coincidence between commutative and distributive justice, and arithmetical and geometrical proportion.
I ask whether the most profound lawyer who never heard perhaps this axiom would be led to it by his notions of commutative and distributive justice.
But if the fire has broken out from my careless use of fire, commutative justice binds me to raise the alarm.
Distinguished from the other three cardinal virtues is particular justice, which is divided into distributive and commutative justice.
This is the obligation of restitution, which attaches to breaches of commutative justice, and, strictly speaking, to them alone.
Commutative justice runs between two individuals, or two independent States, or between the State and an individual inasmuch as the latter is an independent person, having rights of his own against the former.
Where there is no explicit contract, the duties which the subjects of a person's official care have towards him are not duties of commutative justice.
For if a simple lie is a violation of commutative justice, it carries the obligation of restitution (Ethics, c.
A contract is a bargain productive of an obligation of commutative justice in each of the contracting parties.
As there is a right to honour and a right to reputation, so insult and detraction are sins, not against charity, but against commutative justice, calling for restitution.
The old notion, that Justice is minding your own business, and leaving your neighbour to mind his, furnishes a good rough statement of the obligations of commutative justice.
The second way in which commutative justice binds you to positive action, is when undue damage is likely to occur to another from some activity of yours.
It is measured by commutative justice and confers a strict claim to a reward.
A gift may be due to the recipient as a matter of distributive or commutative justice, and in that case it would not be absolutely gratuitous (gratis).
It is measured by commutative justice and thus confers a real claim to a reward.
Hence all these actions belong to the one species of justice, namely, commutative justice.
We shall show that such exchanges were regulated by well-defined principles of commutative justice, which applied equally in the case of the sale of goods and in the case of the sale of the use of money.
The justification of interest rested on precisely the same ground as the prohibition of usury, namely, the observance of the equality of commutative justice.
In the article of the Summa, where the question is discussed, 'Whether the mean is to be observed in the same way in distributive as in commutative justice?
Our view is that the teaching on usury was simply one of the applications of the doctrine that all voluntary exchanges of property must be regulated by the precepts of commutative justice.
It will be noticed, however, that the principles ofcommutative justice all treat of the commutations of external goods--in other words, they assume the existence of property of external goods in individuals.
To ask for payment for the sale of a thing which not only did not exist, but which was quite incapable of existence, was clearly to ask for something for nothing--which obviously offended against the first principles of commutative justice.
Commutative justice directs commutations that can take place between two persons.
Secondly, it may be considered in view of the form of judgment, in as much as, even in commutative justice, the judge takes from one and gives to another, and this belongs to distributive justice.
This form of the Divine judgment is in accordance with the conditions of commutative justice, in so far as rewards are apportioned to merits, and punishments to sins.
I answer that, Restitution re-establishes the equality of commutative justice, which equality consists in the equalizing of thing to thing, as stated above (A.
In all these cases, however, repayment must be made on a basis of equality according to the requirements of commutative justice, namely that the meed of passion be equal to the action.
Therefore restitution is not more an act of commutative than of distributive justice.
Equality is the general form of justice, wherein distributive and commutative justice agree: but in one we find equality of geometrical proportion, whereas in the other we find equality of arithmetical proportion.
This order is directed bycommutative justice, which is concerned about the mutual dealings between two persons.
Hence restitution is an act of commutative justice, occasioned by one person having what belongs to another, either with his consent, for instance on loan or deposit, or against his will, as in robbery or theft.
Therefore it is evident that both are comprised under commutative justice.
But here you must distinguish betwixt satisfaction in commutative justice, for a debt or injury, and satisfaction in distributive, governing justice, for a fault or crime.
Sometimes the tenant is one that you are obliged to show mercy to; and sometimes he is one that no more thancommutative justice is due to.
Commutative Law for Additions and Subtractions, that additions and subtractions may be performed in any order; e.
Commutative Law for Multiplications and Divisions, that multiplications and divisions may be performed in any order: e.
Negative Numbers may be regarded as resulting from the commutative law for addition and subtraction.
Simple" practice involves an application of the commutative law.
From the commutative law for multiplication, which shows that 3 X 4d.
Therefore these rights are connatural, as belonging to them by their nature; inalienable, because they cannot be renounced; perfect, because so strict that the duties corresponding to them are matters of commutative justice.
But in the case before us, we assume that the direct employer has failed to do his strict duty of commutative justice to his employees.
Like any other onerous contract, the sale of labour is governed by the requirements of commutative justice; and these are satisfied when labour is sold for its moral equivalent.
Moreover, the habit of looking at the wage contract as a matter of commutative justice in the mere sense of contractual justice, is radically defective.
We are all familiar with the passage in which Macaulay pointed out that, by using the commutative law because of exigencies of metre, Robert Montgomery unintentionally made Creation tremble at the Atheist's nod instead of the Almighty's.
