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04-Aug-2020 19:45 by 3 Comments

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The State is bound to distribute public burdens (e.g.taxation) according to the powers and capability of the members, and is also under the obligation of distributing public goods (offices and honours ) according to the degree of worthiness and services.

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Right may therefore be defined as a moral or legal authority to possess, claim, and use a thing as one's own.It must be authorized to make laws to punish violations of such, and in general to arrange everything for the public welfare, while, on their side, the members must be under the obligation corresponding to this right.The virtue which makes all members of society contribute what is necessary for its maintenance is called legal justice, because the law has to determine in individual cases what burdens are to be borne by the members.The holder of the right is the person who possesses the right, the terminus is the person who has the obligation corresponding to the right, the object is the thing to which the right refers, and the title is the fact on the ground of which a person may regard and claim the thing as his own.Strictly speaking, this fact alone is not the title of the right, which originates, indeed, in the fact, but taken in connection with the principle that one must assign to each his own property ; however, since this principle may be presupposed as self-evident, it is customary to regard the simple fact as the title of the right.It is thus essentially distinct from obligation ; in virtue of an obligation we should, in virtue of a right, we may do or omit something.

Again, right is a moral or legal authority, and, as such, is distinct from merely physical superiority or pre-eminence; the thief who steals something without being detected enjoys the physical control of the object, but no right to it; on the contrary, his act is an mjustice:, a violation of right, and he is bound to return the stolen object to its owner.The clause, "to possess, claim, and use, anything as one's own", defines more closely the object of right.Justice assigns to each person his own ( suum cuique ).According to Catholic teaching, the Church is, like the State, a complete and independent society, wherefore it also must be justified in demanding from its members whatever is necessary for its welfare and the attainment of its object.But the members of the State have not only obligations towards the general body; they have likewise rights.These things (i.e., his qualities, etc.) are his own from the first moment of his existence, and whoever injures them or deprives him of them violates his right.