These are some of the moral principles that apply to aspects
of Americans' responsibility toward Palestinian refugees:
1. OWNERSHIP is the right freely to possess, use
and dispose of a thing as one's own unless otherwise hindered. Civil laws
and others' rights, such as eminent domain, squatters' rights, and easements,
limit owners' rights.
2. Nature is the primary source of owners' rights. Experience
teaches that human nature being what it is, common ownership of property
for production or individual use is impractical and more harmful than helpful.
3. Sustaining human life is the first priority of earth's
resources. Thus one in extreme need may take barely enough of another's
goods to relieve it. But there must be no other way of getting what is
needed. One may not take from one in an equally extreme need.
4. Civil law is a secondary source of owners' rights because
the natural law does not specify these rights in detail. If the civil law
is moral, it helps specify not only the legal right to property but also
the moral right to it. If a particular civil law is immoral it is not a
true law regarding its immoral aspects. In those aspects, that civil law
is invalid because contradicted by a higher law of nature.
5. Property such as roads and village grazing lands, held
in common, that is, by a moral (legal) person, ordinarily belong morally
and ultimately to those for whose use they were primarily meant, even if
held legally by the state.
6. The true owner of a property has a moral right to it
regardless of who possesses it. The owner has a right to its fruits; no
one else has a right to gain from that property.
7. For property to be considered abandoned and thus unowned,
it must be abandoned freely. Goods lost in disasters are not considered
abandoned unless the owner, including heirs, can no longer be determined.
8. a. If one in good faith takes possession of another's
property without buying it, then so improves it that the work is more valu-able
than the original object, the final product belongs to the one doing the
work. But the original owner, if found, must be paid for what the object
was worth before the work began. If the work is less valuable than the
original object it still belongs to the original owner, who must reimburse
the finder for his work and costs.
b. If the object was stolen, civil law
often states that it be returned to its original owner and denies the worker
compensation. Moral law judges each case on its merits to be fair to both
parties.
c. If one in good faith builds on another's
land, the structure belongs to the landowner, who must reimburse the builder.
If the builder builds in bad faith, civil law often denies compensation.
Moral law judges each case on its own merits.
9. INJUSTICE violates one's strict, personal right.
The gravity of injustice depends on both the personal and societal harm.
10. Robbery (theft or stealing) is taking a thing against
its owner's will with the intent of keeping it for oneself or of passing
it on to another.
11. Unjust harm results either from damaging someone's
property or from hindering someone from gaining something that he/she has
a right to, in an unjust way, even if one gains nothing from doing so.
Unjust ways include force, fear, fraud, bribery, dishonest competition
and criminal negligence.
If one in good faith does an act which could harm another,
he would be unjust not to stop the harm when he learns of it, if he himself
would not incur a proportionately serious harm by stop-ping it.
12. Restitution is returning goods which another lost
by a violation of personal justice. It is due for both wrongful possession
and unjust harm.
13. Restitution for wrongful possession: A possessor in
bad faith must a) return stolen goods and their natural fruits, and b)
repair all of the harm which he foresaw at least indistinctly would result
from his acts. A possessor in bad faith may keep the fruits of his labor
and deduct his necessary and truly useful expenses.
a. The object itself must be returned
even if its value has greatly increased since the owner lost possession
of it. Mere finan-cial compensation is not enough unless the owner freely
agrees.
b. Both stolen property and other losses
incurred from robbery must be reimbursed fully.
c. Bad-faith possessors include whoever
later gets the property, knowing it to be stolen.
14. A possessor in doubtful faith - whoever seriously
doubts his true ownership of an object - must make reasonable efforts to
solve the doubt. These must be proportionate to the object's value, the
doubt's seriousness, and the hope of solving it.
15. Restitution for unjust harm: Reparation is required
either because of the act directly causing the harm or because of unjust
cooperation.
16. Reparation for direct causation: Reparation is required
if the act causing the harm was itself unjust in the strict sense. This
includes using unjust means to prevent someone from gaining something that
one may lawfully acquire. The act must be the harm's real and effective
cause. Thus no duty of reparation flows from an act which is only a) the
occasion of some harm, or b) even a necessary condition, or c) the accidental
cause of the harm. Thus one is not obliged to reparation if money that
he loaned in good faith is used to cheat others.
a. If one is in doubt whether his act
has caused harm he need not make reparation.
b. The act must be consciously and willfully
unjust. The unjust intent may consist either in the resolve to do harm
or in willful neglect. Harm caused by one's work must be repaired if ordered
by a court, even if the injustice was not willful.
c. If the injustice is not deliberate
but there is a legal fault, one is morally obliged to compensate if ordered
to by a court, for example, for breaking safety codes. One is liable for
the harm he voluntarily caused, even if he regrets this after he activated
the cause and then could not stop its harmful effects. If one involuntarily
causes harm while committing a morally wrong act, he is not morally liable
for this harm.
d. The gravity of the duty to make reparation:
One has a morally serious duty to make reparation for doing grave harm
if he realized that the act was seriously wrong morally and yet willfully
did it. If he did not realize this, he still has a moral duty to make reparation
but it is not as morally serious.
e. The amount of reparation: One must
repair all of the harm he foresaw at least indistinctly.
17. Reparation for unjust cooperation: The duty requires
that the act a) be unjust, b) actually cause the harm, and c) be willfully
wrong morally.
a. Whoever commands another to do an
injustice is morally obliged to repair all the harm.
b. Whoever counsels an injustice is
morally obliged to repair the harm in as far as by one's counsel one effectively
persuaded another to do the unjust act, or showed him how to do it. Thus
there would be no effective influence and no duty to make reparation if
the one counselled had already decided to act unjustly and acted on his
own initiative. A counsellor is not responsible for damage caused beyond
what he counselled.
c. Whoever by consent with another culpably
does unjust harm is an effective abettor of injustice and morally bound
to make reparation. It must be proportionate to the effect of his con-sent.
Thus one consenting to vote unjustly owes reparation. But whoever consents
to an unlawful act in order to avoid a greater evil which cannot otherwise
be avoided is not bound to reparation.
d. Whoever by praise or blame moves
someone to do an injustice or who deters someone from making obligatory
reparation, has the same duty of reparation as an unjust counsellor.
e. Whoever shelters a culprit or receives
or hides stolen goods is morally bound to reparation to the extent that
he effectively aids the injustice. This is not the case if one shields
a thief because of friendship or to avoid great harm otherwise.
f. Whoever positively cooperates in
an unjust harmful act must repair its harm 1) if his effective cooperation
is willful, or 2) if it is unwillful, that is, done despite the foreseen
harm, but without sufficient reason. Immediate cooperation in harming prop-erty
because of grave fear is justified 1) if one intends to make reparation
and is able to do so, or 2) if the harm will be done without his help,
or 3) if he himself would otherwise suffer very grave harm, such as death.
Mediate cooperation in injustice is jus-tified if a proportionately grave
reason for the cooperation (proximate or remote) is present. Thus, remote
necessary cooperation or proximate free cooperation is justifiable to avoid
an equivalent harm; remote cooperation is lawful even to avoid small harm.
g. Negative cooperation: One is morally
bound to make reparation who by his job is in justice obliged to prevent
injustice, but instead is silent or offers no resistance to the evildoer,
or does not denounce him although he could without great inconvenience.
Thus a delegate who wrongfully abstains from voting and so does not avert
an avoidable injustice is bound to make reparation.
18. Reparation for harm to life and health: Reparation
must be made for temporal harm related to unjust loss of life and health.
Thus, reparation must be made to a murder victim's family members for the
harm done to them.
19. The order of precedence among those who must make
repa-ration: First, whoever possesses another's property or its equivalent.
The next one obliged is whoever commanded the injustice; then whoever executed
the orders; then all positive cooperators (by counsel, consent, etc.),
and finally the negative cooperators.
If whoever is primarily bound to make reparation does
so, those secondarily obliged are free. If the primary agent is excused
the secondaries are thereby also excused, but not vice versa. If the secondaries
make reparation, the primary agent must compensate them. If several people
owe reparation in the same degree and one pays it all, the others must
pay him. If the one to whom reparation is due excuses one debtor from his
pro rata duty, the rest are not thereby freed from their duty.
20. The amount to be restored if there are several cooperators:
a. The whole injustice must be repaired
by whoever was the effective agent of the entire harm. He is absolutely
obliged to repair the entire harm; that is, whoever alone is the principal
cause of the entire harm, must, independently of others, repair all of
it. This duty falls on whoever commanded or counselled for his own advantage.
If he (or they) default, the other cooperators are bound in the order in
#19. But they may require payment from whoever was primarily obliged.
b. Each cooperator has a conditional
duty to repair all of the harm if the others who are coequal agents fail
to make reparation for their share. (Agents are coequal if each one's part
is sufficient to cause the entire harm.) If one makes reparation alone,
he may demand payment from the others. One is judged a cause of all of
the harm equally with others if it flows from a strict conspiracy or could
have been done only with his help. This is not the case if his help was
neither necessary nor of itself enough to cause the harm.
c. Whoever was the agent of only part
of the harm is morally obliged to repair only that part. In case of doubt
the agent can be held morally responsible only for the harm he certainly
caused. Thus he cannot be morally obliged to make total restitution if
it is uncertain that he was the sole agent of all of the injustice, or
if there is reason to think that the other agents will pay their share.
21. Reparation must be so made that justice is restored
fully and as soon as possible. "Justice delayed is justice denied."
22. Causes which excuse from reparation:
a. Voluntary renunciation by the victim
or voluntary settlement between him and the debtor.
b. Physical or moral impossibility postpones
the duty and remits it if the impossibility is perpetual. Reparation is
morally impossible if it would put the debtor in very grave need.