GRAFT

Graft is the acquisition of money, position, or favor through dishonest means by a person who takes advantage of his official position. Graft is a sin against legal justice, according to which an official is bound to promote the common good of the community. It is also against distributive justice, by which rulers are bound to act toward individual persons and classes in accord with their merits, needs, and capacities. Graft is also a violation of commutative justice, by which a person is bound to the faithful discharge of the obligations he assumes in taking employment.

Elected public office holders are the usual offenders in this form of dishonesty, though the injustice may be committed by those who are appointed to public office rather than elected.

In the United States a spoils system is sometimes used, according to which political offices are filled by the members of the party that is in power. It is not wrong to make appointments on a party basis, but it is wrong to appoint persons who are not qualified for office. It is sinful for a politician to demand graft of another in exchange for appointment to a lesser public office. The sin of selling an appointment is worse when the appointee is in no way worthy.

If a public official, upon compensation, favors the evasion of a law, he is bound to make restitution to the state; he is also bound to make restitution to the wronged private citizen when money is involved. If a minor official is obliged by his superior to rubber stamp an evasion of the law he should offer resistance in whatever way possible; however, he is not bound to restitution as the superior official would be.

A public servant may sin by accepting graft for an appointment or by obtaining money, favor, or position through the awarding of devious contracts for services private companies perform for the state or country. He may sin by giving secret information, e.g., to real estate companies in return for compensation or a share in their profit.

The first duty of a public official who has sold immunity is to restore the graft. If the violation of the right cannot be repaired by a recall of the immunity and by bringing of the offender to trial or punishment, the money for which the right was exchanged should be given to the public treasury as restitution. If the public official abuses his function and forces someone to give or promise graft, the prime offender acquires a greater guilt. In our modern penal code such action is called extortion.

Normally, the acceptance of gifts by judges from attorneys who practice law before them and by public officials from companies who do business with the government is not morally offensive, unless it is specifically proscribed by civil legislation.

The public official, if he is Catholic, also commits an additional sin of scandal by taking graft. Today it seems almost impossible that he could be in good faith.

See Also: bribery.

Bibliography: j. aertnys and c. a. damen, Theologia moralis, 2 v. (16th ed. Turin 1950). b. hÄring, The Law of Christ, tr. e. g. kaiser, 3 v. (Westminster, Md. 1961–). f. j. connell, Morals in Politics and Professions (Westminster, Md. 1946).

[t. cranny]