Thomas Aquinas On Justice As A Global Virtue in Business
Thomas Aquinas On Justice As A Global Virtue in Business
Thomas Aquinas On Justice As A Global Virtue in Business
ABSTRACT: The moral theory of Thomas Aquinas meets the present need for a
business ethics that transcends the legal realm by linking the ideas of justice and
virtue in an ingenious way. Thomas’s virtue theory coordinates private and public
activities through a set of context-invariant, justice-oriented norms with concep-
tual appeal to contemporary questions of global business ethics. In our article, we
first sketch how Aquinas’s theory can be also of relevance to a non-confessional
audience through its appeal to the ‘natural light of reason.’ Then we explain how
his theory of ‘natural law’ aligns his ideas of virtue and justice. From this vantage
point, we address the tension between cultural diversity and moral uniformity in the
economic sphere in general and in today’s globalized business world in particular.
Throughout the article, we aim to show how Aquinas’s conception of virtuous
business conduct gains inter-personal and inter-cultural validity that establishes
social justice as the global virtue of business.
INTRODUCTION
I N A GLOBALIZED WORLD, business ethics must cope with both the multi-
cultural diversity of moral practices and a multiplicity of ethical theories that orient
them, without surrendering to relativism. Our article explains how Thomas Aquinas
artfully combines sensitivity to cultural differences with an ethics characterized by
notional unity, conceptual clarity, and categorical acuity. In Thomas, justice func-
tions as a global virtue that connects the economic sphere with the common good
of humanity. As a relational virtue, justice expresses a communal orientation of the
human being by intimately connecting the actions of individuals, firms, and society.
Whereas many moral theorists have emphasized the communal benefit of virtuous
and just actions, Thomas’s theory also indicates how acting in accordance with
moral principles promotes personal fulfillment. Since corporations are comprised
of individuals, promoting virtuous and just actions leads to a higher realization of
the human potentials of employees and thus to benefits for the respective companies.
Unselfish behavior, oriented to the common good, lies hence in the self-interest of
business (Arjoon 2000).
©2012 Business Ethics Quarterly 22:2 (April 2012); ISSN 1052-150X pp. 247–272
DOI: 10.5840/beq201222225
A modern reader may be surprised by the confidence that Thomas Aquinas displays
throughout his works in the universal acceptability of counterfactual legitimacy
standards (‘natural law’) for the legal and moral norms he proposes. How could
he believe so firmly that his audience would share his assumptions about both the
content and the validity of the strictures of ethical conceptions? Why did he not fear
that the diversity of cultures and their respective ethical norms would doom to failure
any and all attempts to construe a normative theory of global scope and appeal? In
particular, how could Thomas assume that his version of a Christian ethics would
be relevant also to people outside of his religious community?
What supports Thomas’s confidence in the global legitimacy of his ethical doc-
trine is the philosophical conviction that through sound philosophical thinking the
essential order of life is recognizable, at least in its most fundamental principles.
Thomas holds that the “natural light” of reason (lumen naturale) ultimately leads
to truth (S. th. I–II, 109, 1 ad 2; II–II, 8, 1 c; 15. 1; 171. 2 c & 4 ob. 3; etc.). In his
view, the human being is endowed with rational capacities sufficient for earthly life;
they may be supervened, but are not contradicted or annihilated by ‘supernatural’
(lumen supernaturale), i.e., revelation-based, knowledge (S. th. I–II, 109, 1 ad 2). In
emphasizing the capacity of human reason to reach truth unaided by faith, Thomas
addresses the rational powers of every human being, everywhere and always (SCG
1, 2). Studying the world in its own light, that is, uncovering the laws of nature as
they show themselves to reason, honors God, he argues, because through creation
we learn indirectly about its creator (SCG I, 7&8 and II, 4). True faith ought to
be based upon worldly knowledge, since God chose to reveal himself also in, and
through, his creation (De Ver. q. 14, 9, ad 8).
To be sure, not everything can be known through the conclusions of reason alone;
in matters of faith and salvation the powers of rationality are inadequate (Sent. III,
d. 1, q. 1, a. 2–3). Yet the basic tenets of theoretical philosophy can be known solely
by reason, and the same holds for the fundamentals of moral reasoning (S. th. I–II
94, 2). According to Thomas, God’s governance of the universe through “divine
reason” (S. th. I–II, 91, 1) proceeds in ordering everything towards the good through
eternal law (lex aeterna). Instilled into all things are “their respective inclinations
to their proper acts and ends,” so that by their natural law (lex naturalis) and their
proper desires, all created beings are oriented towards their respective, proper good
(S. th. I–II, 91, 2).
Thomas accepts the basic premises of Aristotle’s teleological metaphysics and
supplements them with a Christian interpretation of the intrinsic ends of human
life, including the quest for the perfection of the soul (beatitudo). In the resulting
scheme of created nature, human life receives an elevated status because the human
intellect can comprehend the order that governs life by recognizing the natural laws
of both human and sub-human life (De Ver. q. 21, a. 1). Unlike animals, however,
human beings cannot rely solely on natural instincts to achieve their good (S. th.
I, 5, 1). As beings acting upon rational conceptions about the world, humans need
to represent to themselves the goals (as objectives) they are to pursue; they need to
make the implicit law that governs their lives explicit. For that reason, the natural
law does not represent some naïve naturalism, but rather depends on a reason-based
interpretation of human inclinations. It is a product of human freedom.
Humans need specific cultural forms in order to articulate ethical norms. While
these forms may differ all around the globe, their core message has some invariant
features that can be distinguished philosophically. In particular, moral insight ad-
vances through the unification of three different levels of ethical understanding: first,
a principled insight that good is to be pursued and evil to be avoided (synderesis);
second, a situational judgment (prudentia) that informs which kind of behavior meets
the criteria of law, custom, and virtue that specify the good in each concrete context;
third, knowledge (scientia) that identifies the specific factual nature of the case at
hand. Whereas the second and the third form of moral reasoning are contingent
upon the finite mental abilities and the limited scope of information available to the
persons involved—and thus fallible—the first is not (Jordan 1994, Hoffmann 2011).
Taking a decisive step towards a global conception of ethics, Thomas teaches that
all persons know in their heart of hearts that “good is to be done and pursued, and
evil is to be avoided” (S. th. I–II, 94, 2); awareness of this fundamental principle
(synderesis) can never be expunged; as an indestructible core of sustained righteous-
ness (perpetuae rectitudinis) it resides forever in everyone (Sent. II, d. 24, q. 3, a. 3
ad 3; Lottin 1948, Stammkötter 2001, Celano 2007). No cultural and circumstantial
conditions can overpower the awareness of the veracity and pertinence of this stric-
ture. Notwithstanding this fundamental moral principle, people do not always agree
on moral questions. What accounts then for their ethical disagreements?
Thomas explains: Whereas in theoretical philosophy our (descriptive) theories
about the world may actually differ (because of flawed deductions, faulty prem-
ises, illegitimate inferences, etc.), potentially, i.e., under ideal conditions, all our
judgments could converge. The world is but one, and to Thomas, diversity in its
theoretical descriptions proves only that human knowledge of the world has not yet
reached its ultimate, adequate, and all-integrative level (S. th. I–II 94, 2). Instead,
in practical philosophy, that is, in regard to all moral (prescriptive) questions, the
diversity of judgments is only sometimes an expression of non-ideal conditions.
The variety of ethically charged customs and conventions also reflects the divergent
contingencies of circumstance of moral practice (S. th. I–II 94, 4). Virtuous behavior
can, and at times must, vary according to context (Barbieri 2001).
Obviously, this insight is of immediate relevance for the regional ethics of business
and for its culture-specific application. In fact, any and all contemporary theories of
business ethics must answer precisely this very question, where to delineate universal
strictures from regional customs, lest they succumb either to obtuse universalism
or obdurate relativism. When and how may circumstance change the ethical case in
point, and how far does reason offer guidance even in changing environments? Are
there global norms and virtues, and, if so, what are they? How can one assert anything
as universal that goes beyond the narrow ethical minimum on which, empirically,
there is a factual consensus between all cultures of the world (González 2003)?
In regard to these questions, Thomas departs from Aristotle. While ‘the Philoso-
pher’ had described most moral virtues abstractly as the golden mean between
irrational extremes, he held that there are few general principles to ascertain con-
ceptually the concrete contours of the good. For Aristotle there can be no universal
natural laws informing us about ‘the’ good. Comprehending and identifying the good
in life is to him ultimately a matter of judgment, not knowledge. One best imitates
wise men (phronimoi) who are accomplished in moral affairs, until such practice
gradually shapes one’s habits so that one becomes, eventually, capable of judging
for oneself. Aristotle does not propose a relativist theory of action since he indicates
that certain laws that conform to human reason are always just. He does not, how-
ever, place such laws beyond human origins, but rather bases them in turn upon the
idea of the universal agreement of wise moral agents (NE V, 7, 1134b17–30). Thus
Aristotle attributes to human beings an “ability to internalize from a scattered range
of particular cases a general evaluative attitude, which is not reducible to rules or
precepts” (Burnyeat 1980: 80). The foundation for ethical rules lies, according to
Aristotle, always in practice—and never in a superhuman set of eternal principles.
Thomas instead does acknowledge general precepts about virtue (S. th. II–II, 44,
2, 1), and holds in fact that “all acts of virtue are prescribed by the natural law” (S.
th. I–II, 94, 3). Hence, if the essence of the latter is intelligible to human reason, so
should be the nature of the former. Virtue pursues the good, while the natural law
teaches what the basic goods of human life are. Whereas some (e.g., Nussbaum
1978) claim that with this argument Thomas turns the laudable flexibility of Aris-
totle’s ethics into an overly rigid system, other interpreters (e.g., Crowe 1977, Hall
1992) emphasize that in Thomas’s version, too, there is room for the adaptation of
virtue to circumstance and context, without rendering the principle tenets of ethics
relative. In the following, we will support this latter interpretation. In the idea of
justice Thomas’s ethics provides a global perspective without losing its sensitivity
towards circumstantial specificity (Barbieri 2001; González 2003). While justice as
a virtue is a characteristic of the individual, its ‘natural’ goals are directed toward
a dimension of inter-personal validity and pertinence.
What exactly is Thomas’s position on the question of unity and diversity in morals?
What are those ‘natural’ goods that every man and every woman is bound to pursue?
Observing the most fundamental human inclinations, Thomas lists the following as
the basic goods of human life:
[I]n man there is first of all an inclination to good in accordance with the nature which
he has in common with all substances: inasmuch as every substance seeks the preserva-
tion of its own existence, according to its nature. According to this inclination whatever
is a means of preserving human life, and prevents its termination, belongs to the natural
law. Secondly, there is in man an inclination to things that pertain to him more specially,
according to that nature which he has in common with other animals: and in virtue of
this inclination, those things are said to belong to the natural law, . . . such as sexual
intercourse, education of offspring and so forth. Thirdly, there is in man an inclination
to good, according to the nature of reason, which is proper to him: as man has a natural
inclination to know the truth about God, and to live in society: and in this respect, whatever
pertains to this inclination belongs to the natural law; for instance, to shun ignorance, to
avoid offending those among whom one has to live, and other such things regarding the
above inclination. (S. th. I–II 94, 2)
The general principle ‘to do good and to avoid evil’ becomes thus much more spe-
cific when applied to these natural goods (preservation, procreation, education, etc.),
that is, in the command to promote (and to abstain from hindering) their realization.
Some concrete moral precepts can be inferred directly, e.g., a command, “such as
‘one must not kill,’ may be derived as a certain conclusion from the principle that
‘one should do harm to no one’” (S. th. I–II 95, 2), explains Thomas. Other norms,
however, need further contextualization and reflection in order to afford us ethical
guidance. For instance, while “the law of nature holds that the one who does wrong
should be punished; that one is punished in such a manner is a [further] determina-
tion of the law of nature” (ibid.).
Thomas states that “synderesis is called the law of our intellect insofar as it is a
habit containing the precepts of natural law, which are the first principles of human
acts” (S. th. I–II, 94, 1 ad 2). The correlation of the dictates of natural law and the
principles of synderesis unites the epistemic, the volitional, and the axiological as-
pects of moral universals so as to provide explicit direction in prudential decisions
(Pinckaers 1995). Thomas constructs a hierarchy of duties within the natural law
which specifies further the generic principle to pursue the good and to shun evil, and
provides certain precepts (such as the maxim to prevent avoidable harm). Norms
that can directly be concluded from said principles are likewise seen as valid across
time and culture. No individuals, businesses, or governments are exempt from these
strictures. This explication of the natural law in and of itself curtails the claims to
validity from advocates of cultural specificity. For example, the enlisting of certain
regional values in defense of violations of basic human rights would thus have to
be rejected as illegitimate. No firm should ever abide by unjust laws, even though
this may seem necessary to do business in certain places, as illustrated by the role
of Microsoft and Google in China (Dann and Haddow 2008).
While requisite contextual differences in regards to the specificities of regional
customs (S. th. I–II 95, 3) and temporal affairs (S. th. I–II 96, 1) are generally ac-
cepted by Thomas, ethical diversity also meets clear ‘natural’ limits. Not all variants
introduced by circumstance and context are morally acceptable. Thomas points to
the acceptance of thievery by some Germanic tribes, for instance, which, in his eyes,
is not a legitimate cultural specification of the institute of property, but must rather
be attributed to the depraved customs and corrupt habits of said Germans (S. th. I–
II, 94, 4–6). His reasoning is that such a custom cannot be accepted from a global
vantage point, since it rests on a failure to connect a requisite derived precept (do
not steal) from the universal principle (do not harm). (S. th. I–II, 94, 6 ad 1) Similar
judgments can certainly be made in regard to harsh labor practices in developing
countries that violate the physical integrity of employees and make it impossible
for the individual workers to flourish (Varacalli 1992).
For Thomas the fundamental imperative to advance the natural goods of human
life helps in generating a substantial context-invariant body of moral norms, bind-
ing all humans, at all times and in all places, to life-conducive policies. The natural
law provides a global ethical yardstick, according to which regional customs can
be measured, both in the public and in the private sector (Williams 1993). Busi-
ness actors just as much as governmental agencies or individuals, are called upon
to meet standards whose global reach Thomas defends by stating that the virtuous
conduct they demand derives from basic insights of human reason into the nature
of the human good (S. th. I–II, 94, 3).
While a contemporary moralist might emphasize mostly the benefits of virtuous
acts upon their recipients, Thomas also stresses the positive effects of justice upon
its practitioner. Human virtue, he argues, not only renders the act good, but also im-
proves the agent of the good deed. In fact, a natural inclination to act reasonably and
virtuously is for Thomas common to all human beings (S. th. I–II 91, 2), regardless
of political, religious or geographical differences (S. th. I–II, 94, 4; 95, 2). Virtuous
behavior unlocks otherwise dormant potentialities and helps individuals to make the
most of themselves. People flourish from acting justly toward one another; it lies
hence in the self-interest of individuals (and firms) not to be selfish (Arjoon 2000).
Since Thomas holds that “the natural law, in the abstract, can in no wise be blotted
out from men’s hearts” (S. th. I–II 94, 6), and due to this universal intelligibility of
the fundamentals of natural law, no human being is ever wholly without an innate
awareness of the good, and hence never thoroughly without any goodness at all.
Even those, who commit atrocious sins, cannot thereby divest themselves of their
rational nature as such, or of their potential to redirect their lives to the good (S.
th. I–II 85, 2). While the moral worth of individuals, of course, changes with their
actual actions and convictions, this fundamental capacity to moral reform highlights
the dignity of each person as a human being, which remains untarnished by personal
conduct (Zagzebski 2001). Each human being, therefore, is always—in business
transactions just as in all other aspects of life—to be treated with respect for this
very dignity (Melé 2009b).
For the formulation of ethics in the age of globalization, this stricture, too, is
of eminent importance, since it designates an unconditional respect for all human
beings. Their essential status as subjects of dignity is not conditioned on worldly
achievements; humans do not have to earn their right to a dignified treatment. Neither
business nor society can legitimately reduce a human being to its economic function
either on behalf of collective interests, or in response to individual misdemeanor.
Human subjects should never be objectified into mere ‘human resources’ or sheer
‘human capital’—that is the immensely practical and immensely important outcome
of this philosophical-theological argument.
From these deliberations, two important conclusions can be drawn. First, a cross-
cultural insistence on the basic tenets of natural law cannot be dismissed as an
illegitimate infringement on cultural sovereignty rights (Jacobsen and Bruun 2000);
rather any practice that directly contravenes universal prescriptions can justly be
proscribed (S. th. I–II, 95, 2). A clear stance in favor of the United Nations Declara-
tions of Human Rights and its consistent application in the economic sphere is but
the consequent translation of this ethics into our contemporary life world (Cahill
1980; Villa-Vicencio 1999). Since the command of the natural law addresses itself
to all actors, i.e., to firms just as well as to individuals and states, the same holds for
a corporate commitment to the realization of its ultimate principles, as expressed
by the signatory companies to the United Nations Global Compact (Melé 2009b;
Williams 2004).
Second, if an inclination to moral conduct is deemed essential for human life,
anthropologies (such as the neoclassical homo oeconomicus-theorem) that over-
look this normative dimension will necessarily err in their prognostic treatment of
human behavior as well as in their recommendations for economic policy. Thus,
with Thomas, one must reject as incorrect both the pseudo-scientific positivism
and the concomitant ethical relativism that predominate modern economics (Steele
2004). In Thomas, a normative orientation is ascribed to the human being as such.
Hence the prescriptive nature of human reason must inform any description of hu-
man agency; in brief, economics without ethics is—descriptively—as incomplete
as it is flawed. Even more sharply one must reject the normative use of the homo
oeconomicus-theorem, i.e., the—prescriptive—postulate that the sole purpose of
economic activity is the (quantitative) maximization of utility. Instead, we need to
argue for a much richer (qualitative) conception of economic success that includes
notions of virtue and social responsibility (Cornwall and Naughton 2003). The
beneficiaries from corporate success must be all stakeholders, not just shareholders
(O’Brien 2009). While shareholder value may be a suitable control tool for corpo-
rate activity, from a Thomistic perspective it can never be the guiding principle of
business (Koslowski 2000).
In order to substantiate these claims, one need not be a Christian. While Scrip-
ture contains transcendent concepts that do not appeal to everyone, in the essential
questions of human conduct, Thomas holds that the moral precepts of Scripture and
secular reason converge. The medieval jurist, Gratian, provides an example of one
such convergence when he defends the proposition that everyone is bound to do for
another that which one wishes to be done for oneself (Decretum, I, 1, prologue).
While directly revealed through Scripture (Mt. 7:12), this rule is also just as evident
to those who proceed through sound philosophizing to an understanding of human
nature (S. th. I–II, 94, 4 ad 1). Obedience to the Golden Rule is then, according to
Thomas, something that can be demanded from anyone, anywhere and at any time,
and can form the core of a world ethos (Küng 1990). While the application of this
global call to virtue may be context-bound, its principle is not.
Since human reason can comprehend immediately and intuitively universal princi-
ples of morality and deduce from them various necessary and invariable conclusions,
Thomas concludes that certain virtues (like theoretical wisdom) are practiced best
in solitary contemplation (S. th. II–II, 57, 1), and can, consequently, be developed
even by the relatively young and inexperienced (Reichberg 2002). Yet for the sound
development of social and political virtues, people need the companionship of oth-
ers (Kenny 1999, Celano 1987). Thomas accepts, in other words, the Aristotelian
division of virtues into intellectual and moral. The intellectual virtues (wisdom,
understanding, science, art, and prudence) refer to a capability for excellence, but
do not ensure acting from such abilities. One might have knowledge but not use it
for good ends (Hoffman 2011), as exemplified in the technical intelligence that goes
into ‘creative accounting’ or embezzlement. Clever tricksters use their cognitive
abilities quite efficiently to align their actions in order to achieve immoral ends but,
alas, not in order to correct them. What they lack is the governance of moral virtues
over their voluntary choices (Westberg 1994) and the inclusion of the well-being of
others in the pursuit of their own; it is the virtue of justice that assures said inclusion.
Thomas says that “what is particular to justice among other virtues is that it orders
a human being in those affairs which concern another” (S. th. II–II, 57, 1). Justice
always requires an equitable treatment of the other (ibid.) according to a universally
recognizable standard of fairness (S. th. II–II, 57, 1 ad 2). The idea of justice for-
mulates a relational virtue that links an internal act of the moral agent’s will to an
external effect directed to another. This notion leads Thomas to define justice as a
“habit according to which one gives to everyone what is right (ius) with a constant
and perpetual will” (S. th. II–II, 58, 1). The designation of internal constancy of the
will to justice implies that true justice not be limited to particular time and circum-
stances (S. th. II–II, 58, 1, ad 3). Rather, the extension of the individual virtue of
justice into social dimensions suggests a need for certain forms of institutional, e.g.,
legal, justice. Thomas demands a more general and more structural understanding
of justice than one which only governs particular transactions between individuals.
Justice must manifest itself in public laws. These laws ought to represent more
than the collective pursuit of individual self-interest; they should address the common
good, not just aggregate interest (Frank 2007). Thomas extends the understanding
of the essential nature of justice, which consists in arranging affairs in their correct
order, beyond the commutative fairness of reciprocation. The virtue of justice is
directed to others in common, and requires that one serving individuals within a
community also serves that community at large. One must not pursue justice in a
merely utilitarian fashion that purchases benefits for some at the cost to others. As a
result, individual justice, when perfected, contributes to justice in society by align-
ing the forms and norms of legal justice with the general good (S. th. II–II, 58, 5).
As a requisite extension of individual goodness to its societal object, the virtue
of justice cannot, however, be limited to the legal realm alone. Instead, Thomas
demands that all actions by individual and collective agents be characterized by
the aforementioned spirit of fair and adequate treatment. Since, for Thomas, the
human being is by nature inclined to social interactions, the main tenets of legal
positivism and contractarian constructivism must be rejected: society can neither be
understood nor maintained as a sheer legal artifact. A durable and healthy society
requires that justice not only informs the rules of law; it also demands that justice
inspire all norms of moral and social conduct, including the customs of business
(Velasquez and Brady 1997). In promoting justice, an otherwise imbalanced equity
of social proportion is restored, which legitimates the agent’s position in society.
Simply put, justice justifies, as it rectifies the agent’s social relations, whether this
agent be an individual or collective person such as a firm.
Justice commits one to form a sufficiently objective view of others and what is
due to them (S. th. II–II 58, 1); that is, through the orientation towards justice the
otherwise overly individualistic notion of virtue gains a decidedly trans-personal con-
tent. By commanding alterity-oriented objectivity from the individual’s world-view,
justice calls for the virtue of prudence as well. The virtue of prudence connects the
intellectual and the practical realm; it represents right reason in action(s). Prudence,
itself an intellectual virtue, is needed for all moral virtues because it determines the
proper means to desired ends and issues appropriate commands. In the moral realm,
prudence determines the practical application of the naturally known ethical prin-
ciples. Justice demands prudence, for example, because in obliging the individual to
act with adequacy towards others, justice orders one to develop a keen understanding
of the lives and needs of others. To act with justice to others demands the prudent
integration of external standpoints and a sensitive regard for the specificities of oth-
ers, i.e., bridging cultural and societal divides and overcoming ethical parochialism
(Barbieri 2001). Applied to the business context, this approach directs the firm, for
reasons of both justice and prudence, to a circumspect recognition of the concerns
of all of its stakeholders (Argandoña 1998). Furthermore, by committing each and
everyone to non-partisan perspectives and integrative viewpoints, the idea of justice
promotes a more global worldview than a unilateral satisfaction of personal wants
requires (Cima and Schubeck 2001).
While Thomas acknowledges and endorses the view that in different countries
varying circumstances will lead to the construction of divergent social norms and
legal codes (S. th. I–II 96, 5), he holds that certain strictures of natural law apply
to all peoples around the globe (ius gentium) because of their shared humanity (S.
th. I–II 95, 4). Thomas distinguishes those two types of law roughly as follows.
Laws that are inexorable for social coordination and collaboration to function, also
in regard to economic transactions (iustae emptiones, venditiones), Thomas desig-
nates as ius gentium, whereas norms to optimize communal life in moral terms (ad
bonum commune civitatis) fall under the domain of ius civile (S. th. I–II 95, 4). As
reflected in the later teachings of the School of Salamanca that largely developed its
cosmopolitan business ethics based on commentaries on his works, through the ius
gentium, the normative orientation of natural law extends to the socio-economic realm
world-wide (Alves and Moreira 2010; Courcelles 2005; Melé 1999; Rivas 1999).
The diversity of global business practices notwithstanding, certain core elements of
moral conduct can, and indeed must, be safeguarded universally. Although Thomas
regards the specific ways and means of wealth allocation and management as al-
terable social constructs, his conception of ius gentium defends an all-integrative
orientation of the business sphere, namely that the overall direction of economic
activity must always be guided by justice towards the overarching end of natural
law: the common good (S. th. I–II, 92, 1). In this substantive mandate, Thomas’s
understanding of natural law differs crucially from merely procedural conceptions of
legal fairness, as espoused by the contractarian tradition. Whereas in the latter, jus-
tice is typically defined formally, as the result of mutual agreements under specified
conditions, the former remains materially bound to human well-being. For example,
while under the stipulations of the contractarian position wage-contracts can settle
payments below the subsistence level, Thomas’s natural law doctrine demands the
payment of at least a living wage in order to satisfy the requirements of justice.
As Thomas’s connection between law and justice, and especially the establishment
of the precepts of justice as a duty to everyone (indifferenter omnibus debitum: ST
II–II, q. 122 a. 6), can be understood as the beginnings of a concept of universal
human rights (Finnis 2005: 23), the socio-economic dimensions of Thomas’s con-
cept of natural law (S. th. I–II, 91, 5) can today be well reformulated as common
socio-economic rights of humanity that demand unconditional respect everywhere
on the globe: Core mandates of socio-economic justice ought to attain world-wide
legal sanction (Williams 1993).
SOCIAL JUSTICE
to all external things that they are good to the extent that they lead to virtue, but not
in themselves” (SCG III, 133, 4).
Although Thomas supports the idea that individuals hold possessions in keep-
ing with their social position (suam conditionem, S. th. II–II 118, 1), he warns that
whenever “the practice of virtue is hindered by them, they are not to be numbered
among goods, but among evils” (SCG III, 133, 1). Thomas’s repeated emphasis on
the merely functional nature of possessions is of central importance for his socio-
economic philosophy overall. In contradistinction to modern (e.g., libertarian)
notions Thomas defends concepts of property and profit that merely convey relative,
yet never absolute, entitlements (Keys 2006). For Thomas’s central socio-economic
argument is that goods, whose value is contingent, neither express, nor fulfill human
nature; in consequence, human beings do not have an unconditional human right
to their possession. Material wealth is in agreement with the natural rights of hu-
man nature under the condition that it is regulated by human laws promoting both
individual virtue and the common good. Wealth acquisition and profit-making are
rendered legitimate through their wider social purposes alone.
Which are these social purposes of individual possessions? In the hierarchy of
beings, the more self-guided and independent an entity is, the higher ontological rank
it commands (SCG IV, 11, 1–5). A stewardship of human life over less developed
forms of nature and thus human appropriations of mundane objects are justifiable
in Thomas’s view. Although the human being cannot own anything absolutely, since
everything belongs in the last instance to God (S. th. I–II, 66, 1), it is appropriate,
argues Thomas, that the lower life forms serve the higher ones, which allows hu-
man beings to use and appropriate the natural wealth of the earth. Yet the use of
the earth and its goods has been given to humanity in common (S. th. II–II, 66, 1).
Legitimizing private ownership against a benchmark of initial equality, Thomas
simultaneously limits the acceptable forms and manifestations of private properties
through their social functions. For, prima facie, forms of property that exclude the
use of others, i.e., ‘private’ property (from Latin: privare = to deprive, rob, strip
away), do not fall within the domain of a common stewardship of the earth. Exclu-
sive property rights are hence in need of moral justification, which can be found in
the following arguments.
First because every man is more careful to procure what is for himself alone than that
which is common to many or to all: since each one would shirk the labor and leave to
another that which concerns the community, as happens where there is a great number
of servants. Secondly, because human affairs are conducted in more orderly fashion if
each man is charged with taking care of some particular thing himself, whereas there
would be confusion if everyone had to look after any one thing indeterminately. Thirdly,
because a more peaceful state is ensured to man if each one is contented with his own.
Hence it is to be observed that quarrels arise more frequently where there is no division
of the things possessed. (S. th. II–II 66, 2)
Far from giving unconditional support for the privatization of the earthly goods, this
conditional justification qualifies and limits the individual right to exclusive property
(Nixon 2007). Since private property is not a direct institution of natural law, but an
institution justified indirectly by it (S. th. II–II 57, 3), Thomas states that, a fortiori,
the specific “division of possessions is not according to the natural law, but rather
arose from human agreement which pertains to positive law” (S. th. II–II, 66, 2 ad
1). Since the institution of private property has to be justified relative to its function
in fulfilling natural law, specific property relations within a certain society can never
be defended absolutely. They are always subject to critical scrutiny, whether they
benefit or harm a given community.
Thomas argues one should “possess external things, not as one’s own, but as
common, so that one is ready to share them with others in their need” (S. th. II–II
66, 2). While not demanding “that all things should be possessed in common and
that nothing should be possessed as one’s own,” this passage does indeed mean that
society can, and should, define proper boundaries of private possessions (ibid.). There
is, in short, no abstract right to enrichment at the cost of the common good, either
for individuals or for collectives, such as firms, since from a Thomistic perspective,
all possessions are generally constrained by “the right of all persons to subsist upon
the bounty of the earth” (Ryan 1942: 245).
The law accepts, however, the presence of many evils and the absence of numerous
goods, on behalf of the higher good of human freedom which cannot otherwise be
sustained (S. th. I–II, 96, 2). Hence the moral precept of almsgiving or philanthropy
does not translate into laws of massive income redistribution. Yet at the same time
Thomas also explicitly denies (the central tenet of libertarian doctrines) that legal
provisions for the institution of private property can be used against the right of those
in need. “Inferior things”—he declares as if addressing a neoliberal audience—“are
ordered to assisting those in need. The obligation to assist those in need by such
things is therefore not prevented by the division and appropriation of things which
proceed from human law. And so things which some have in abundance should be
used according to natural law to assist the poor” (S. th. II–II 66, 7). Human society,
bound by the principle of justice for its legitimacy (S. th. I–II 95, 2), must never
accept the superabundance of some in the face of the need of others (Schumacher
1949). Thus a strong case for redistributive action on all social levels is being made
that can be extended to corporate actors as well (Kohls and Christensen 2002).
Although the exact term of ‘social justice’ has not been used by Thomas, it makes
good sense to attribute this modern notion to his ethics. For, if we understand social
justice as a regard for equitable forms of societal interaction with the objective of
enabling each and all to lead a dignified life, then Thomas, without doubt, can be
said to integrate said concern firmly into his conception of virtue. Social justice, so
understood, is in fact central to his economic theory and business ethics, as it calls
all actors and agents to contribute to the common good. In a Thomistic perspec-
tive, business cannot relegate all social responsibilities to the public realm. Instead,
business is not only allowed but on occasion, such as given state failure or the total
absence of public governance, required to act as a subsidiary facilitator of social
justice (Aßländer 2011).
ECONOMIC ACTIVITY
In its rejection of avarice and greed (S. th. I–II 84, 1), Thomas’s socio-economic
ethics builds upon Aristotle’s distinction between oikonomia and chrematistike.
While oikonomia represents the pursuit of certain material goods to supply a given
household, chrematistike denotes (diverse forms of) wealth-seeking (Dierksmeier
and Pirson 2009). Oikonomia is internally oriented towards determinate qualitative
satisfaction levels (and thus quantitatively limited); chrematistike, however, operates
on the merely quantitative logic of ‘more over less.’ A ‘natural’ and an ‘unnatural’
form of chrematistike must be distinguished. As long as chrematistic endeavors are
still ‘naturally’ governed by the needs of oikonomia, they are, if only externally, also
limited by the latter; unless other social goods are sacrificed in their pursuit, one can,
if one must, legitimately engage in such chrematistic businesses. Altogether differ-
ent is, however, the internally, as well as externally, unlimited pursuit of profit for
profit’s sake (Sison 2008). This boundless and, in the eyes of Aristotle, ‘unnatural,’
form of chrematistike meets with his stern disapproval: it upsets the just order of
means (material, pecuniary) and ends (spiritual, contemplative), turns potentially
the gain of one into the loss of another, and enhances typically the extant inequality
in society to the detriment of both the poor (who are increasingly burdened) and the
rich (who, absorbed in the pursuit of lesser goods, are ever more distracted from
the true values of life).
Like many medieval authors Thomas joins Aristotle in his criticism of pleonexia.
Yet he also provides a more neutral assessment of commercial exchange than Ar-
istotle, who had accepted trade only as a necessary evil. For Thomas, exchange
relationships, while often leading subjectively to a “certain debasement” of the
involved tradesperson (S. th. II–II, 77, 4), are nonetheless viewed objectively as
societal transactions without intrinsic faults: their moral value is, like that of pri-
vate wealth, wholly functional. Whether commercial transactions are condemned
or commended depends solely on what they accomplish for society. When they
benefit all involved parties and achieve a better allocation of goods overall, they
gain Thomas’s approval (ibid.).
Merchants, for instance, are allowed to seek not only surplus returns for their
labor, costs, and risks (i.e., as reimbursement for their transport and insurance
outlays), but also moderate gains resulting from the fluctuations of general market
prices and particular customer demand (ibid.). The reason behind this view is that
for Thomas the “just price” that shall be observed in trade is not a quantitative
fixture, but a regulative idea of a qualitative nature. It eliminates excessive pricing
in order to prevent the exploitation of dependencies and need, without demanding
static prices, fixed to an unalterable economic equilibrium (S. th. II–II, 77, 1). For
the later development of the feudal and mercantile economies into the capitalistic
system, this slight deviation from Aristotle is of highest importance, and thus the
quaestiones 77 and 78 in Thomas’s Secunda secundae have produced vastly differ-
ent interpretations (Alves and Moreira 2010).
Prima facie, Thomas seems simply to follow the many biblical injunctions against
usury (Exod. 22:25, Levit. 25:37, Deut. 15:6, 23:19, Ps. 14:5, Lk. 6:34), and to
Thomas, obviously, wrote his ethics with a view to the business practices of his
day. Insofar as the latter have changed, the specificities of former may have to be
adapted to meet the altered realities of the present. Yet a transfer of his general ethical
principles to our contemporary situation is still possible. For example, when com-
menting on the moral dilemma of a conscientious grain merchant, discussed already
in Cicero (De off. III, 12, 50ff.) as a ‘case study’ on honorable conduct in business,
Thomas clarifies his position on the legitimacy of business profits in a manner that
proves instructive for present concerns and questions. In particular, Thomas uses
this example to qualify where in economic affairs the dividing line lies between
individual virtue and social justice. The basic question at hand was whether a grain
merchant, who knew about an impending rise in supply and a subsequent decline in
prices, should inform his customers thereof, or whether he could legitimately profit
from their ignorance. Both views, the need for full disclosure and the acceptability
of capitalizing on the information asymmetry, had been defended by ancient authors.
Thomas holds that while it “is always unlawful to give anyone an occasion of
danger or loss,” one is not always required to “give another the help or advice which
would be of some advantage; but only in certain fixed cases, for instance when
someone is subject to him, or when he is the only one who can assist him” (S. th.
II–II, 77, 3). For Thomas, the salient point is thus whether actual harm is being done
by the concealment of facts; for example, when a seller “offers a thing for sale [that]
gives the buyer an occasion for loss or danger by offering him something defective”
(ibid.). In that case, a business person would be under the legal responsibility to act
on behalf of the welfare of his or her clients. In the instance of the grain merchant,
however, “the goods are expected to be of less value at a future time, because of
the arrival of other merchants, which was not foreseen by the buyers. And so the
seller, since he sells his goods at the price actually offered to him, does not seem
to act contrary to justice by not declaring what is going to happen” (ibid., ad 4.).
Whereas many of Thomas’s intellectual predecessors operated from a singular
concept of morality, extending across all types of human relationships and interac-
tions, Thomas ascribes to the realm of business an ethical orientation of its own.
While exempting the buyer from a legal obligation to reveal information whose con-
cealment is not harmful but whose disclosure would render benefit to the customer,
Thomas relegates this decision to business ethics proper. He declares it would be
“exceedingly virtuous” (ibid.), i.e., praiseworthy, on part of the merchant, would he
go beyond his legal obligations by informing his customers or through voluntarily
lowering his prices. While this seems to indicate that Thomas operates with a dual
scheme of moral versus legal responsibilities, he follows, in fact, a tripartite model
of ethical obligations. Between the legal responsibility (to give what is due) and
voluntary (supererogatory) ethical activity, lies a third realm, comprised of the social
responsibility to a subsidiary contribution to social justice.
A glance at Thomas’s theory of almsgiving clarifies this point. Thomas views
almsgiving as not merely an ethical recommendation, but rather as a strict moral
precept (S. th. II–II 32, 5), since it is “necessary to virtue, namely, in so far as it is
demanded by right reason” (ibid.). Moral reason demands, Thomas explains, that any
surplus we own beyond what we need for the maintenance of those in our charge,
we are to give to the needy. Moreover, while “it is not possible for one individual
to relieve the needs of all,” we are bound to relieve all “those who could not be as-
sisted if we not did assist them” (ibid.); and there is no reason why this precept for
all “those who have riches” (SCG III, 135) should not hold as well for corporations
(Kohls and Christensen 2002).
According to Thomas, we face three distinct classes of social obligations towards
persons in need. First, legal strictures tell us to render to others what is their due
or suffer pain of punishment. Second, a strict moral obligation demands that we,
individuals as well as firms, give to others if a) they are in a position of dire need,
b) we enjoy superabundance, and c) only we can help. We may, in such cases, still
use judgment as to the mode of assistance (how to help), but not in regard to the
nature of our duty (whether to help). Yet, if we fail altogether to assist the needy,
we are blameworthy. Third, even in situations when we do not wield superabundant
means, or when the need of the other is not extreme, or their destitution could still be
mitigated by others, we are called to assistance; albeit then in a form that allows for
the comprehensive use of our personal judgment (both as to whether and as to how
we should help). If in those latter instances, we do not eventually support the person
in need, we are not blameworthy. Instead, if we do, we are considered praiseworthy.
Thomas assigns only the third aspect to charity; the two anterior ones, however,
are formulated from a perspective of justice. The virtue of justice thus not only ex-
tends in the individual realm to abstract, structural forms of institutional justice but
also demands to advance social justice through concrete, material redistributions of
assets (Kohls and Christensen 2002). Mapping these distinctions onto business, we
can develop clear contours for a contemporary concept of corporate responsibility
from the global virtue of justice (Kelly 2004). First, all corporations must abide
by the law. Second, all firms have subsidiary duties to take on social responsibil-
ity, according to their respective capacities, whenever else the basic needs of their
stakeholders remain unmet. Failure to meet this obligation is blameworthy. Third,
philanthropic commitments beyond this second level remain voluntary, and are
praiseworthy. They cannot, however, make up for insufficient compliance with the
aforementioned legal and social responsibilities. Such supererogatory conduct does
not replace action on behalf of a firm’s legal and social responsibilities but rather
complements it. Failure to deliver on the legal and social obligations of business
entails, respectively, the sanctions of punishment and public blame, while no such
sanctions await the individuals or the corporations abstaining from supererogatory
activity.
An important consequence of this tripartite vision of the ethical obligations
of a firm is that corporations cannot choose whether they want to be responsible
corporate citizens or not. Firms can handle philanthropic activities according to
discretion, but when it comes to their duties as a subsidiary agent of social justice,
certain quantitative and qualitative strictures apply. Quantitatively one must hold
that the more powerful firms are, the more they need to contribute to the common
good. Qualitatively such contributions ought to consist in progressive industrial or
sector-wide initiatives that aim at global governance improvements so as to turn
the extant downward spirals of worldwide competition (“race to the bottom”) into
upward spirals of increasing protection for social and ecological standards (Santos
and Laczniak 2009). Furthermore, in cases of state failure businesses act must act
as subsidiary guarantors of justice and cater to the basic needs of their immediate
stakeholders (Aßländer 2011).
In sum, according to Thomas, everyone (individuals, firms, businesses and govern-
ments) is obligated to the realization of social justice. This is why concrete social, not
just abstract institutional justice must inform, as well as transform, every commercial
transaction, here as anywhere else on the globe. In short, social justice is the global
virtue of business. Such commitment to social justice centers the notion of corporate
citizenship and gives it a clear mandate. Moreover, with Thomas’s tripartite model
of corporate responsibilities the interest of uniformity and diversity are both met.
Cultural specificity encourages the use of context-specific judgment mostly in the
ambit of the supererogatory realm of virtuous corporate behavior (whether and how
to help), and it also allows for varying applications of the universal commitment of
corporations to act as subsidiary agents of social responsibility (how to assist). Yet
situational specificity cannot be adduced to ignore either the general social, or the
particular legal, responsibilities of business. For both legal and social responsibilities
are characterized by that universal and uniform global orientation of economic virtue
that commits each business to the common good. Thus Thomas not only makes an
important step towards a contemporary conception of business ethics as a dimen-
sion of responsible corporate conduct beyond what the law requires (Melé 2009a),
but also helps us clarify the conceptual distinctions between a globally requisite
form of Corporate Social Responsibility (e.g., in regard to the protection of human
CONTEMPORARY RESONANCE
and social ends. . . . Without prejudice to the importance and the economic and social
benefits of the more traditional forms of business, they steer the system towards a clearer
and more complete assumption of duties on the part of economic subjects. And not only
that. The very plurality of institutional forms of business gives rise to a market which is
not only more civilized but also more competitive. (CiV 46)
CONCLUSIONS
According to Thomas Aquinas the human being, i.e., every human being, is naturally
inclined towards moral conduct. If Thomas is right in his universal approach to human
morality, indeed close attention to virtue as the inherent proclivity of human behavior
has to be paid by any theory that aspires to be a truthful account of human affairs.
The conceptualization of virtue cannot remain marginal to economics and business
theory, since theories which describe human behavior only externally, without any at-
tention to its internal prescriptive dimension, cannot but fail to understand and predict
of all economic activity transparent. In other words, the perspective of virtue allows
us to zoom in on the ‘moral capital’ of business (Sison 2003).
Without denying the need for cultural diversification, Thomas’s ethics meets the
common need of humanity to establish an inter-culturally acceptable formulation
of shared human concerns; an accomplishment that is, probably, even of greater
significance today than in his time. Since Thomas’s ethics intended to express the
eternal structural laws of human reason and insofar as it achieved its timeless goal
in its advocacy for aligning the idea of social justice with the essential preconditions
of human flourishing, it will prove timely and relevant in the constantly changing
contexts of our era (Dewan 2008). Since, to repeat, people are not only bound but
also bonded by social justice, ethical management strategies can help reduce the
transaction costs of business (Husted and Folger 2004). Thomas’s instruction that
justice justifies shows how through social justice as a relational virtue corporate
conduct can be managed in a way that reconciles corporate and societal interests to
the benefit of all concerned. A true commitment to justice helps firms to gain public
acceptance through the moral adequacy and legitimacy of their business models
(Koehn 1995). Efforts in Corporate Social Responsibility are therefore far more
than mere prudent reputation management (Keys 2006). Rather, from a Thomistic
vantage point, in responding to the ethical inclinations of stakeholders such endeav-
ors appear as eminently reasonable investments in corporate health and longevity.
REFERENCES
Alves, A. A., and J. M. Moreira. 2010. The Salamanca School. London: Continuum.
Aquinas, T. 1929, 1937, 1947. Scriptum super libros Sententiarum (I and II, ed. P.
Mandonnet, Paris, 1929); (III and IV, ed. M. Moos, Paris, 1937 and 1947).
. 1941–1945. Summa theologiae. Ottawa: Studium dominicain.
. 1961–1967. Summa contra gentiles, ed. C. Pera, P. Marc, and P. Caramello.
Turin: Marietti.
. 1970. Contra impugnantes Dei cultum et religionem, Sancti Thomae de
Aquino Opera omnia. Rome: Editio Leonina, V. 41.
. 1972. Quaestiones disputatae de veritate, Sancti Thomae de Aquino Opera
omnia. Rome: Editio Leonina, V. 22.
Argandoña, A. 1998. “The Stakeholder Theory and the Common Good,” Journal of
Business Ethics 17(9/10): 1093–1102.
Arjoon, S. 2000. “Virtue Theory as a Dynamic Theory of Business,” Journal of Business
Ethics 28(2): 159–78.
Aßländer, M. 2011. “Corporate Social Responsibility as Subsidiary Co-Responsibility: A
Macroeconomic Perspective,” Journal of Business Ethics 99(1): 115–28.
Bailey, J. P. 2010. Rethinking Poverty: Income, Assets, and the Catholic Social Justice
Tradition. Notre Dame, Ind.: University of Notre Dame Press.
Barbieri, W. A., Jr. 2001. “Beyond the Nations: The Expansion of the Common Good in
Catholic Social Thought,” The Review of Politics 63(4): 723–54.
Bexell, M., and U. Mörth. 2010. Democracy and Public-Private Partnerships in Global
Governance. New York: Palgrave Macmillan.
Bradstock, A., 2010. “Profits Without Honour? Economics, Theology and the Current
Global Recession,” International Journal of Public Theology 4(2): 135–57 (23).
Brown, O. J. 1981. Natural Rectitude and Divine Law in Aquinas. Toronto: Pontifical
Institute of Medieval Studies.
Burnyeat, M. F. 1980. “Aristotle on Learning to be Good,” in Aristotle’s Ethics, ed. A. O.
Rorty, 69–92. Berkeley: University of California Press.
Cahill, L. S. 1980. “Toward a Christian Theory of Human Rights,” The Journal of Religious
Ethics 8(2): 277–301.
Carl, M. 1997. “Law, Virtue, and Happiness in Aquinas’s Moral Theory,” The Thomist
61(3): 425–47.
Celano, A. 1987. “The Concept of Worldly Beatitude in the Writings of Thomas Aquinas,”
Journal of the History of Philosophy 25: 215–26 (reprinted in Great Political
Thinkers, ed. J. Dunn and I. Harris, vol. 7. Cheltenham: Edward Elgar Publishing
Limited, 1994).
. 2007. “Phronesis, Prudence and Moral Goodness in the Thirteenth Century
Commentaries on the Nicomachean Ethics,” Mediaevalia Philosophica Polonorum
36: 5–27.
Cicero. 1994, De officiis, ed. M. Winterbottom. Oxford: Oxford University Press.
Cima, L. R., and T. L. Schubeck. 2001. “Self-Interest, Love, and Economic Justice: A
Dialogue between Classical Economic Liberalism and Catholic Social Teaching,”
Journal of Business Ethics 30(3): 213–31.
Cornuel, E., A. Habisch, and P. Kletz. 2010. “The Practical Wisdom of the Catholic Social
Teachings,” Journal of Management Development 29(7/8): 747–54.
Cornwall, J. R., and M. J. Naughton. 2003. “Who Is the Good Entrepreneur? An Exploration
within the Catholic Social Tradition,” Journal of Business Ethics 44(1): 61–75.
Cortright, S. A., and N. Michael. 2002. Rethinking the Purpose of Business: Interdisciplinary
Essays from the Catholic Social Tradition. Notre Dame, Ind.: University of Notre
Dame Press.
Courcelles, D. d. 2005. “Managing the World: The Development of ‘Jus Gentium’ by the
Theologians of Salamanca in the Sixteenth Century,” Philosophy & Rhetoric 38(1):
1–15.
Crane, A., and D. Matten. 2007. Business Ethics: Managing Corporate Citizenship and
Sustainability in the Age of Globalization. Oxford: Oxford University Press.
Crowe, M. 1977. The Changing Profile of the Natural Law. The Hague: Nijhoff Publishers.
Cullen, P., B. Hoose, and G. Mannion, eds. 2007. Catholic Social Justice: Theological and
Practical Explorations. London: Continuum.
Dann, G. E., and N. Haddow. 2008. “Just Doing Business or Doing Just Business: Google,
Microsoft, Yahoo! and the Business of Censoring China’s Internet,” Journal of
Business Ethics 79(3): 219–34.
Dewan, L. 2008. Wisdom, Law, and Virtue: Essays in Thomistic Ethics. New York: Fordham
University Press.