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Ethics; Book 5

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[Sidenote:1129a] Now the points for our inquiry in respect of Justice
And Injustice are, what kind of actions are their object-matter, and
What kind of a mean state Justice is, and between what points the
Abstract principle of it, i.e. the Just, is a mean. And our inquiry
Shall be, if you please, conducted in the same method as we have
Observed in the foregoing parts of this treatise

We see then that all men mean by the term Justice a moral state such
That in consequence of it men have the capacity of doing what is
Just, and actually do it, and wish it: similarly also with respect to
Injustice, a moral state such that in consequence of it men do unjustly
And wish what is unjust: let us also be content then with these as a
Ground-work sketched out

I mention the two, because the same does not hold with regard to States
Whether of mind or body as with regard to Sciences or Faculties: I mean
That whereas it is thought that the same Faculty or Science embraces
Contraries, a State will not: from health, for instance, not the
Contrary acts are done but the healthy ones only; we say a man walks
Healthily when he walks as the healthy man would

However, of the two contrary states the one may be frequently known from
The other, and oftentimes the states from their subject-matter: if it be
Seen clearly what a good state of body is, then is it also seen what a
Bad state is, and from the things which belong to a good state of body
The good state itself is seen, and _vice versa_. If, for instance
The good state is firmness of flesh it follows that the bad state is
Flabbiness of flesh; and whatever causes firmness of flesh is connected
With the good state. It follows moreover in general, that if of two
Contrary terms the one is used in many senses so also will the other be;
As, for instance, if "the Just," then also "the Unjust." Now Justice and
Injustice do seem to be used respectively in many senses, but, because
The line of demarcation between these is very fine and minute, it
Commonly escapes notice that they are thus used, and it is not plain
And manifest as where the various significations of terms are widely
Different for in these last the visible difference is great, for
Instance, the word [Greek: klehis] is used equivocally to denote the
Bone which is under the neck of animals and the instrument with which
People close doors
Let it be ascertained then in how many senses the term "Unjust man" is
Used. Well, he who violates the law, and he who is a grasping man, and
The unequal man, are all thought to be Unjust and so manifestly the Just
Man will be, the man who acts according to law, and the equal man "The
Just" then will be the lawful and the equal, and "the Unjust" the
Unlawful and the unequal

[Sidenote:1129b] Well, since the Unjust man is also a grasping man, he
Will be so, of course, with respect to good things, but not of every
Kind, only those which are the subject-matter of good and bad fortune
And which are in themselves always good but not always to the
Individual. Yet men pray for and pursue these things: this they should
Not do but pray that things which are in the abstract good may be so
Also to them, and choose what is good for themselves

But the Unjust man does not always choose actually the greater part, but
Even sometimes the less; as in the case of things which are simply evil:
Still, since the less evil is thought to be in a manner a good and the
Grasping is after good, therefore even in this case he is thought to be
A grasping man, i.e. one who strives for more good than fairly falls to
His share: of course he is also an unequal man, this being an inclusive
And common term

We said that the violator of Law is Unjust, and the keeper of the Law
Just: further, it is plain that all Lawful things are in a manner
Just, because by Lawful we understand what have been defined by the
Legislative power and each of these we say is Just. The Laws too give
Directions on all points, aiming either at the common good of all, or
That of the best, or that of those in power (taking for the standard
Real goodness or adopting some other estimate); in one way we mean by
Just, those things which are apt to produce and preserve happiness and
Its ingredients for the social community
Further, the Law commands the doing the deeds not only of the brave man
(as not leaving the ranks, nor flying, nor throwing away one's arms)
But those also of the perfectly self-mastering man, as abstinence from
Adultery and wantonness; and those of the meek man, as refraining from
Striking others or using abusive language: and in like manner in respect
Of the other virtues and vices commanding some things and forbidding
Others, rightly if it is a good law, in a way somewhat inferior if it is
One extemporised

Now this Justice is in fact perfect Virtue, yet not simply so but as
Exercised towards one's neighbour: and for this reason Justice is
Thought oftentimes to be the best of the Virtues, and

"neither Hesper nor the Morning-star
So worthy of our admiration:"

And in a proverbial saying we express the same;

"All virtue is in Justice comprehended."

And it is in a special sense perfect Virtue because it is the practice
Of perfect Virtue. And perfect it is because he that has it is able to
Practise his virtue towards his neighbour and not merely on himself; I
Mean, there are many who can practise virtue in the regulation of their
Own personal conduct who are wholly unable to do it in transactions with
[Sidenote:1130a] their neighbour. And for this reason that saying of
Bias is thought to be a good one
"Rule will show what a man is;"

For he who bears Rule is necessarily in contact with others, i.e. in a
Community. And for this same reason Justice alone of all the Virtues is
Thought to be a good to others, because it has immediate relation to
Some other person, inasmuch as the Just man does what is advantageous to
Another, either to his ruler or fellow-subject. Now he is the basest
Of men who practises vice not only in his own person but towards his
Friends also; but he the best who practises virtue not merely in his
Own person but towards his neighbour, for this is a matter of some
Difficulty

However, Justice in this sense is not a part of Virtue but is
Co-extensive with Virtue; nor is the Injustice which answers to it a
Part of Vice but co-extensive with Vice. Now wherein Justice in this
Sense differs from Virtue appears from what has been said: it is the
Same really, but the point of view is not the same: in so far as it has
Respect to one's neighbour it is Justice, in so far as it is such and
Such a moral state it is simply Virtue

II

But the object of our inquiry is Justice, in the sense in which it is
A part of Virtue (for there is such a thing, as we commonly say), and
Likewise with respect to particular Injustice. And of the existence of
This last the following consideration is a proof: there are many vices
By practising which a man acts unjustly, of course, but does not grasp
At more than his share of good; if, for instance, by reason of cowardice
He throws away his shield, or by reason of ill-temper he uses abusive
Language, or by reason of stinginess does not give a friend pecuniary
Assistance; but whenever he does a grasping action, it is often in the
Way of none of these vices, certainly not in all of them, still in
The way of some vice or other (for we blame him), and in the way of
Injustice. There is then some kind of Injustice distinct from that
Co-extensive with Vice and related to it as a part to a whole, and some
"Unjust" related to that which is co-extensive with violation of the law
As a part to a whole

Again, suppose one man seduces a man's wife with a view to gain and
Actually gets some advantage by it, and another does the same from
Impulse of lust, at an expense of money and damage; this latter will be
Thought to be rather destitute of self-mastery than a grasping man, and
The former Unjust but not destitute of self-mastery: now why? plainly
Because of his gaining

Again, all other acts of Injustice we refer to some particular
Depravity, as, if a man commits adultery, to abandonment to his
Passions; if he deserts his comrade, to cowardice; if he strikes
Another, to anger: but if he gains by the act to no other vice than to
Injustice

[Sidenote:1131b] Thus it is clear that there is a kind of Injustice
Different from and besides that which includes all Vice, having the same
Name because the definition is in the same genus; for both have their
Force in dealings with others, but the one acts upon honour, or wealth
Or safety, or by whatever one name we can include all these things, and
Is actuated by pleasure attendant on gain, while the other acts upon all
Things which constitute the sphere of the good man's action

Now that there is more than one kind of Justice, and that there is one
Which is distinct from and besides that which is co-extensive with
Virtue, is plain: we must next ascertain what it is, and what are its
Characteristics

Well, the Unjust has been divided into the unlawful and the unequal, and
The Just accordingly into the lawful and the equal: the aforementioned
Injustice is in the way of the unlawful. And as the unequal and the more
Are not the same, but differing as part to whole (because all more is
Unequal, but not all unequal more), so the Unjust and the Injustice we
Are now in search of are not the same with, but other than, those before
Mentioned, the one being the parts, the other the wholes; for this
Particular Injustice is a part of the Injustice co-extensive with Vice
And likewise this Justice of the Justice co-extensive with Virtue
So that what we have now to speak of is the particular Justice and
Injustice, and likewise the particular Just and Unjust

Here then let us dismiss any further consideration of the Justice
Ranking as co-extensive with Virtue (being the practice of Virtue in all
Its bearings towards others), and of the co-relative Injustice (being
Similarly the practice of Vice). It is clear too, that we must separate
Off the Just and the Unjust involved in these: because one may pretty
Well say that most lawful things are those which naturally result in
Action from Virtue in its fullest sense, because the law enjoins the
Living in accordance with each Virtue and forbids living in accordance
With each Vice. And the producing causes of Virtue in all its bearings
Are those enactments which have been made respecting education for
Society

By the way, as to individual education, in respect of which a man is
Simply good without reference to others, whether it is the province of
[Greek: politikhae] or some other science we must determine at a
Future time: for it may be it is not the same thing to be a good man and
A good citizen in every case

Now of the Particular Justice, and the Just involved in it, one species
Is that which is concerned in the distributions of honour, or wealth, or
Such other things as are to be shared among the members of the social
Community (because in these one man as compared with another may have
Either an equal or an unequal share), and the other is that which is
Corrective in the various transactions between man and man

[Sidenote: 1131a] And of this latter there are two parts: because of
Transactions some are voluntary and some involuntary; voluntary, such as
Follow; selling, buying, use, bail, borrowing, deposit, hiring: and this
Class is called voluntary because the origination of these transactions
Is voluntary

The involuntary again are either such as effect secrecy; as theft
Adultery, poisoning, pimping, kidnapping of slaves, assassination, false
Witness; or accompanied with open violence; as insult, bonds, death
Plundering, maiming, foul language, slanderous abuse

III

Well, the unjust man we have said is unequal, and the abstract "Unjust"
Unequal: further, it is plain that there is some mean of the unequal
That is to say, the equal or exact half (because in whatever action
There is the greater and the less there is also the equal, i.e. the
Exact half). If then the Unjust is unequal the Just is equal, which all
Must allow without further proof: and as the equal is a mean the Just
Must be also a mean. Now the equal implies two terms at least: it
Follows then that the Just is both a mean and equal, and these to
Certain persons; and, in so far as it is a mean, between certain things
(that is, the greater and the less), and, so far as it is equal, between
Two, and in so far as it is just it is so to certain persons. The Just
Then must imply four terms at least, for those to which it is just are
Two, and the terms representing the things are two

And there will be the same equality between the terms representing the
Persons, as between those representing the things: because as the latter
Are to one another so are the former: for if the persons are not equal
They must not have equal shares; in fact this is the very source of all
The quarrelling and wrangling in the world, when either they who are
Equal have and get awarded to them things not equal, or being not equal
Those things which are equal. Again, the necessity of this equality of
Ratios is shown by the common phrase "according to rate," for all agree
That the Just in distributions ought to be according to some rate:
But what that rate is to be, all do not agree; the democrats are for
Freedom, oligarchs for wealth, others for nobleness of birth, and the
Aristocratic party for virtue

The Just, then, is a certain proportionable thing. For proportion does
Not apply merely to number in the abstract, but to number generally
Since it is equality of ratios, and implies four terms at least (that
This is the case in what may be called discrete proportion is plain and
Obvious, but it is true also in continual proportion, for this uses the
One [Sidenote: 1131b] term as two, and mentions it twice; thus A:B:C may
Be expressed A:B::B:C. In the first, B is named twice; and so, if, as
In the second, B is actually written twice, the proportionals will be
Four): and the Just likewise implies four terms at the least, and the
Ratio between the two pair of terms is the same, because the persons and
The things are divided similarly. It will stand then thus, A:B::C:D, and
Then permutando A:C::B:D, and then (supposing C and D to represent the
Things) A+C:B+D::A:B. The distribution in fact consisting in putting
Together these terms thus: and if they are put together so as to
Preserve this same ratio, the distribution puts them together justly. So
Then the joining together of the first and third and second and fourth
Proportionals is the Just in the distribution, and this Just is the
Mean relatively to that which violates the proportionate, for
The proportionate is a mean and the Just is proportionate. Now
Mathematicians call this kind of proportion geometrical: for in
Geometrical proportion the whole is to the whole as each part to each
Part. Furthermore this proportion is not continual, because the person
And thing do not make up one term

The Just then is this proportionate, and the Unjust that which violates
The proportionate; and so there comes to be the greater and the less:
Which in fact is the case in actual transactions, because he who acts
Unjustly has the greater share and he who is treated unjustly has the
Less of what is good: but in the case of what is bad this is reversed:
For the less evil compared with the greater comes to be reckoned for
Good, because the less evil is more choiceworthy than the greater, and
What is choiceworthy is good, and the more so the greater good

This then is the one species of the Just

IV

And the remaining one is the Corrective, which arises in voluntary as
Well as involuntary transactions. Now this just has a different form
From the aforementioned; for that which is concerned in distribution of
Common property is always according to the aforementioned proportion: I
Mean that, if the division is made out of common property, the
Shares will bear the same proportion to one another as the original
Contributions did: and the Unjust which is opposite to this Just is that
Which violates the proportionate

But the Just which arises in transactions between men is an equal in a
Certain sense, and the Unjust an unequal, only not in the way of that
Proportion but of arithmetical. [Sidenote: 1132a ] Because it makes no
Difference whether a robbery, for instance, is committed by a good man
On a bad or by a bad man on a good, nor whether a good or a bad man has
Committed adultery: the law looks only to the difference created by the
Injury and treats the men as previously equal, where the one does and
The other suffers injury, or the one has done and the other suffered
Harm. And so this Unjust, being unequal, the judge endeavours to reduce
To equality again, because really when the one party has been wounded
And the other has struck him, or the one kills and the other dies, the
Suffering and the doing are divided into unequal shares; well, the judge
Tries to restore equality by penalty, thereby taking from the gain

For these terms gain and loss are applied to these cases, though perhaps
The term in some particular instance may not be strictly proper, as
Gain, for instance, to the man who has given a blow, and loss to him who
Has received it: still, when the suffering has been estimated, the one
Is called loss and the other gain

And so the equal is a mean between the more and the less, which
Represent gain and loss in contrary ways (I mean, that the more of good
And the less of evil is gain, the less of good and the more of evil is
Loss): between which the equal was stated to be a mean, which equal we
Say is Just: and so the Corrective Just must be the mean between loss
And gain. And this is the reason why, upon a dispute arising, men have
Recourse to the judge: going to the judge is in fact going to the Just
For the judge is meant to be the personification of the Just. And men
Seek a judge as one in the mean, which is expressed in a name given by
Some to judges ([Greek: mesidioi], or middle-men) under the notion that
If they can hit on the mean they shall hit on the Just. The Just is then
Surely a mean since the judge is also

So it is the office of a judge to make things equal, and the line, as it
Were, having been unequally divided, he takes from the greater part that
By which it exceeds the half, and adds this on to the less. And when the
Whole is divided into two exactly equal portions then men say they have
Their own, when they have gotten the equal; and the equal is a mean
Between the greater and the less according to arithmetical equality

This, by the way, accounts for the etymology of the term by which we
In Greek express the ideas of Just and Judge; ([Greek: dikaion] quasi
[Greek: dichaion], that is in two parts, and [Greek: dikastaes] quasi
[Greek: dichastaes], he who divides into two parts). For when from one
Of two equal magnitudes somewhat has been taken and added to the other
This latter exceeds the former by twice that portion: if it had been
Merely taken from the former and not added to the latter, then the
Latter would [Sidenote:1132b] have exceeded the former only by that one
Portion; but in the other case, the greater exceeds the mean by one, and
The mean exceeds also by one that magnitude from which the portion was
Taken. By this illustration, then, we obtain a rule to determine what
One ought to take from him who has the greater, and what to add to him
Who has the less. The excess of the mean over the less must be added to
The less, and the excess of the greater over the mean be taken from the
Greater

Thus let there be three straight lines equal to one another. From one of
Them cut off a portion, and add as much to another of them. The whole
Line thus made will exceed the remainder of the first-named line, by
Twice the portion added, and will exceed the untouched line by that
Portion. And these terms loss and gain are derived from voluntary
Exchange: that is to say, the having more than what was one's own is
Called gaining, and the having less than one's original stock is called
Losing; for instance, in buying or selling, or any other transactions
Which are guaranteed by law: but when the result is neither more nor
Less, but exactly the same as there was originally, people say they have
Their own, and neither lose nor gain

So then the Just we have been speaking of is a mean between loss and
Gain arising in involuntary transactions; that is, it is the having the
Same after the transaction as one had before it took place

[Sidenote: V] There are people who have a notion that Reciprocation is
Simply just, as the Pythagoreans said: for they defined the Just simply
And without qualification as "That which reciprocates with another." But
This simple Reciprocation will not fit on either to the Distributive
Just, or the Corrective (and yet this is the interpretation they put
On the Rhadamanthian rule of Just, If a man should suffer what he hath
Done, then there would be straightforward justice"), for in many
Cases differences arise: as, for instance, suppose one in authority
Has struck a man, he is not to be struck in turn; or if a man has
Struck one in authority, he must not only be struck but punished also
And again, the voluntariness or involuntariness of actions makes a
Great difference

[Sidenote: II33_a_] But in dealings of exchange such a principle of
Justice as this Reciprocation forms the bond of union, but then it must
Be Reciprocation according to proportion and not exact equality, because
By proportionate reciprocity of action the social community is held
Together, For either Reciprocation of evil is meant, and if this be
Not allowed it is thought to be a servile condition of things: or else
Reciprocation of good, and if this be not effected then there is no
Admission to participation which is the very bond of their union

And this is the moral of placing the Temple of the Graces ([Greek:
Charites]) in the public streets; to impress the notion that there may
Be requital, this being peculiar to [Greek: charis] because a man ought
To requite with a good turn the man who has done him a favour and then
To become himself the originator of another [Greek: charis], by doing
Him a favour

Now the acts of mutual giving in due proportion may be represented
By the diameters of a parallelogram, at the four angles of which the
Parties and their wares are so placed that the side connecting the
Parties be opposite to that connecting the wares, and each party be
Connected by one side with his own ware, as in the accompanying diagram

[Illustration: Builder_Shoemaker House_Shoes.]

The builder is to receive from the shoemaker of his ware, and to give
Him of his own: if then there be first proportionate equality, and
_then_ the Reciprocation takes place, there will be the just result
Which we are speaking of: if not, there is not the equal, nor will the
Connection stand: for there is no reason why the ware of the one may not
Be better than that of the other, and therefore before the exchange is
Made they must have been equalised. And this is so also in the other
Arts: for they would have been destroyed entirely if there were not a
Correspondence in point of quantity and quality between the producer and
The consumer. For, we must remember, no dealing arises between two of
The same kind, two physicians, for instance; but say between a physician
And agriculturist, or, to state it generally, between those who are
Different and not equal, but these of course must have been equalised
Before the exchange can take place

It is therefore indispensable that all things which can be exchanged
Should be capable of comparison, and for this purpose money has come
In, and comes to be a kind of medium, for it measures all things
and so
Likewise the excess and defect; for instance, how many shoes are equal
To a house or a given quantity of food. As then the builder to the
Shoemaker, so many shoes must be to the house (or food, if instead of a
Builder an agriculturist be the exchanging party); for unless there is
This proportion there cannot be exchange or dealing, and this proportion
Cannot be unless the terms are in some way equal; hence the need, as was
Stated above, of some one measure of all things. Now this is really
And truly the Demand for them, which is the common bond of all such
Dealings. For if the parties were not in want at all or not similarly of
One another's wares, there would either not be any exchange, or at least
Not the same

And money has come to be, by general agreement, a representative of
Demand: and the account of its Greek name [Greek: nomisma] is this, that
It is what it is not naturally but by custom or law ([Greek: nomos])
And it rests with us to change its value, or make it wholly useless

[Sidenote: 1113b] Very well then, there will be Reciprocation when
The terms have been equalised so as to stand in this proportion;
Agriculturist : Shoemaker : : wares of Shoemaker : wares of
Agriculturist; but you must bring them to this form of proportion when
They exchange, otherwise the one extreme will combine both exceedings of
The mean: but when they have exactly their own then they are equal and
Have dealings, because the same equality can come to be in their case
Let A represent an agriculturist, C food, B a shoemaker, D his wares
Equalised with A's. Then the proportion will be correct, A:B::C:D; _now_
Reciprocation will be practicable, if it were not, there would have been
No dealing

Now that what connects men in such transactions is Demand, as being some
One thing, is shown by the fact that, when either one does not want the
Other or neither want one another, they do not exchange at all: whereas
They do when one wants what the other man has, wine for instance, giving
In return corn for exportation

And further, money is a kind of security to us in respect of exchange
At some future time (supposing that one wants nothing now that we shall
Have it when we do): the theory of money being that whenever one brings
It one can receive commodities in exchange: of course this too is liable
To depreciation, for its purchasing power is not always the same
But still it is of a more permanent nature than the commodities it
Represents. And this is the reason why all things should have a price
Set upon them, because thus there may be exchange at any time, and if
Exchange then dealing. So money, like a measure, making all things
Commensurable equalises them: for if there was not exchange there would
Not have been dealing, nor exchange if there were not equality, nor
Equality if there were not the capacity of being commensurate: it
Is impossible that things so greatly different should be really
Commensurate, but we can approximate sufficiently for all practical
Purposes in reference to Demand. The common measure must be some one
Thing, and also from agreement (for which reason it is called [Greek:
Nomisma]), for this makes all things commensurable: in fact, all things
Are measured by money. Let B represent ten minæ, A a house worth five
Minæ, or in other words half B, C a bed worth 1/10th of B: it is clear
Then how many beds are equal to one house, namely, five

It is obvious also that exchange was thus conducted before the existence
Of money: for it makes no difference whether you give for a house five
Beds or the price of five beds. We have now said then what the abstract
Just and Unjust are, and these having been defined it is plain that
Just acting is a mean between acting unjustly and being acted unjustly
Towards: the former being equivalent to having more, and the latter to
Having less

But Justice, it must be observed, is a mean state not after the same
Manner as the forementioned virtues, but because it aims at producing
The mean, while Injustice occupies _both_ the extremes

[Sidenote: 1134_a_] And Justice is the moral state in virtue of which
The just man is said to have the aptitude for practising the Just in
The way of moral choice, and for making division between _, himself and
Another, or between two other men, not so as to give to himself the
Greater and to his neighbour the less share of what is choiceworthy and
Contrariwise of what is hurtful, but what is proportionably equal, and
In like manner when adjudging the rights of two other men

Injustice is all this with respect to the Unjust: and since the Unjust
Is excess or defect of what is good or hurtful respectively, in
Violation of the proportionate, therefore Injustice is both excess and
Defect because it aims at producing excess and defect; excess, that is
In a man's own case of what is simply advantageous, and defect of what
Is hurtful: and in the case of other men in like manner generally
Speaking, only that the proportionate is violated not always in one
Direction as before but whichever way it happens in the given case. And
Of the Unjust act the less is being acted unjustly towards, and the
Greater the acting unjustly towards others

Let this way of describing the nature of Justice and Injustice, and
Likewise the Just and the Unjust generally, be accepted as sufficient

[Sidenote: VI] Again, since a man may do unjust acts and not yet have
Formed a character of injustice, the question arises whether a man is
Unjust in each particular form of injustice, say a thief, or adulterer
Or robber, by doing acts of a given character

We may say, I think, that this will not of itself make any difference; a
Man may, for instance, have had connection with another's wife, knowing
Well with whom he was sinning, but he may have done it not of deliberate
Choice but from the impulse of passion: of course he acts unjustly, but
He has not necessarily formed an unjust character: that is, he may have
Stolen yet not be a thief; or committed an act of adultery but still not
Be an adulterer, and so on in other cases which might be enumerated

Of the relation which Reciprocation bears to the Just we have already
Spoken: and here it should be noticed that the Just which we are
Investigating is both the Just in the abstract and also as exhibited in
Social Relations, which latter arises in the case of those who live in
Communion with a view to independence and who are free and equal either
Proportionately or numerically

It follows then that those who are not in this position have not among
Themselves the Social Just, but still Just of some kind and resembling
That other. For Just implies mutually acknowledged law, and law the
Possibility of injustice, for adjudication is the act of distinguishing
Between the Just and the Unjust

And among whomsoever there is the possibility of injustice among these
There is that of acting unjustly; but it does not hold conversely that
Injustice attaches to all among whom there is the possibility of acting
Unjustly, since by the former we mean giving one's self the larger share
Of what is abstractedly good and the less of what is abstractedly evil

[Sidenote: 134_b_] This, by the way, is the reason why we do not allow
A man to govern, but Principle, because a man governs for himself and
Comes to be a despot: but the office of a ruler is to be guardian of the
Just and therefore of the Equal. Well then, since he seems to have no
Peculiar personal advantage, supposing him a Just man, for in this case
He does not allot to himself the larger share of what is abstractedly
Good unless it falls to his share proportionately (for which reason he
Really governs for others, and so Justice, men say, is a good not to
One's self so much as to others, as was mentioned before), therefore
Some compensation must be given him, as there actually is in the shape
Of honour and privilege; and wherever these are not adequate there
Rulers turn into despots

But the Just which arises in the relations of Master and Father, is not
Identical with, but similar to, these; because there is no possibility
Of injustice towards those things which are absolutely one's own; and
A slave or child (so long as this last is of a certain age and not
Separated into an independent being), is, as it were, part of a man's
Self, and no man chooses to hurt himself, for which reason there cannot
Be injustice towards one's own self: therefore neither is there the
Social Unjust or Just, which was stated to be in accordance with law and
To exist between those among whom law naturally exists, and these were
Said to be they to whom belongs equality of ruling and being ruled

Hence also there is Just rather between a man and his wife than between
A man and his children or slaves; this is in fact the Just arising in
Domestic relations: and this too is different from the Social Just

[Sidenote: VII] Further, this last-mentioned Just is of two kinds
Natural and conventional; the former being that which has everywhere the
Same force and does not depend upon being received or not; the latter
Being that which originally may be this way or that indifferently but
Not after enactment: for instance, the price of ransom being fixed at
A mina, or the sacrificing a goat instead of two sheep; and again, all
Cases of special enactment, as the sacrificing to Brasidas as a hero; in
Short, all matters of special decree

But there are some men who think that all the Justs are of this latter
Kind, and on this ground: whatever exists by nature, they say, is
Unchangeable and has everywhere the same force; fire, for instance
Burns not here only but in Persia as well, but the Justs they see
Changed in various places

Now this is not really so, and yet it is in a way (though among the gods
Perhaps by no means): still even amongst ourselves there is somewhat
Existing by nature: allowing that everything is subject to change, still
There is that which does exist by nature, and that which does not

Nay, we may go further, and say that it is practically plain what among
Things which can be otherwise does exist by nature, and what does not
But is dependent upon enactment and conventional, even granting
That both are alike subject to be changed: and the same distinctive
Illustration will apply to this and other cases; the right hand is
Naturally the stronger, still some men may become equally strong in
Both

[Sidenote: 1135_a_] A parallel may be drawn between the Justs which
Depend upon convention and expedience, and measures; for wine and corn
Measures are not equal in all places, but where men buy they are large
And where these same sell again they are smaller: well, in like manner
The Justs which are not natural, but of human invention, are not
Everywhere the same, for not even the forms of government are, and yet
There is one only which by nature would be best in all places

Now of Justs and Lawfuls each bears to the acts which embody and
Exemplify it the relation of an universal to a particular; the acts
Being many, but each of the principles only singular because each is an
Universal. And so there is a difference between an unjust act and the
Abstract Unjust, and the just act and the abstract Just: I mean, a thing
Is unjust in itself, by nature or by ordinance; well, when this has been
Embodied in act, there is an unjust act, but not till then, only
Some unjust thing. And similarly of a just act. (Perhaps [Greek:
Dikaiopragaema] is more correctly the common or generic term for just
Act, the word [Greek: dikaioma], which I have here used, meaning
Generally and properly the act corrective of the unjust act.) Now as
To each of them, what kinds there are, and how many, and what is their
Object-matter, we must examine afterwards

[Sidenote: VIII] For the present we proceed to say that, the Justs
And the Unjusts being what have been mentioned, a man is said to act
Unjustly or justly when he embodies these abstracts in voluntary
Actions, but when in involuntary, then he neither acts unjustly or
Justly except accidentally; I mean that the being just or unjust is
Really only accidental to the agents in such cases

So both unjust and just actions are limited by the being voluntary or
The contrary: for when an embodying of the Unjust is voluntary, then
It is blamed and is at the same time also an unjust action: but, if
Voluntariness does not attach, there will be a thing which is in itself
Unjust but not yet an unjust action

By voluntary, I mean, as we stated before, whatsoever of things in his
Own power a man does with knowledge, and the absence of ignorance as to
The person to whom, or the instrument with which, or the result with
Which he does; as, for instance, whom he strikes, what he strikes him
With, and with what probable result; and each of these points again, not
Accidentally nor by compulsion; as supposing another man were to seize
His hand and strike a third person with it, here, of course, the owner
Of the hand acts not voluntarily, because it did not rest with him to do
Or leave undone: or again, it is conceivable that the person struck may
Be his father, and he may know that it is a man, or even one of the
Present company, whom he is striking, but not know that it is his
Father. And let these same distinctions be supposed to be carried into
The case of the result and in fact the whole of any given action. In
Fine then, that is involuntary which is done through ignorance, or
Which, not resulting from ignorance, is not in the agent's control or is
Done on compulsion

I mention these cases, because there are many natural *[Sidenote:
1135_b_] things which we do and suffer knowingly but still no one of
Which is either voluntary or involuntary, growing old, or dying, for
Instance

Again, accidentality may attach to the unjust in like manner as to the
Just acts. For instance, a man may have restored what was deposited
With him, but against his will and from fear of the consequences of
A refusal: we must not say that he either does what is just, or does
Justly, except accidentally: and in like manner the man who through
Compulsion and against his will fails to restore a deposit, must be said
To do unjustly, or to do what is unjust, accidentally only

Again, voluntary actions we do either from deliberate choice or without
It; from it, when we act from previous deliberation; without it, when
Without any previous deliberation. Since then hurts which may be done in
Transactions between man and man are threefold, those mistakes which are
Attended with ignorance are, when a man either does a thing not to the
Man to whom he meant to do it, or not the thing he meant to do, or not
With the instrument, or not with the result which he intended: either he
Did not think he should hit him at all, or not with this, or this is not
The man he thought he should hit, or he did not think this would be
The result of the blow but a result has followed which he did not
Anticipate; as, for instance, he did it not to wound but merely to prick
Him; or it is not the man whom, or the way in which, he meant

Now when the hurt has come about contrary to all reasonable expectation
It is a Misadventure; when though not contrary to expectation yet
Without any viciousness, it is a Mistake; for a man makes a mistake when
The origination of the cause rests with himself, he has a misadventure
When it is external to himself. When again he acts with knowledge, but
Not from previous deliberation, it is an unjust action; for instance
Whatever happens to men from anger or other passions which are necessary
Or natural: for when doing these hurts or making these mistakes they act
Unjustly of course and their actions are unjust, still they are not yet
Confirmed unjust or wicked persons by reason of these, because the hurt
Did not arise from depravity in the doer of it: but when it does arise
From deliberate choice, then the doer is a confirmed unjust and depraved
Man

And on this principle acts done from anger are fairly judged not to be
From malice prepense, because it is not the man who acts in wrath who
Is the originator really but he who caused his wrath. And again
The question at issue in such cases is not respecting the fact but
Respecting the justice of the case, the occasion of anger being a notion
Of injury. I mean, that the parties do not dispute about the fact, as in
Questions of contract (where one of the two must be a rogue, unless real
Forgetfulness can be pleaded), but, admitting the fact, they dispute on
Which side the justice of the case lies (the one who plotted against the
Other, _i.e._ the real aggressor, of course, cannot be ignorant), so
That the one thinks there is injustice committed while the other does
Not

[Sidenote: 11364] Well then, a man acts unjustly if he has hurt another
Of deliberate purpose, and he who commits such acts of injustice is
_ipso facto_ an unjust character when they are in violation of the
Proportionate or the equal; and in like manner also a man is a just
Character when he acts justly of deliberate purpose, and he does act
Justly if he acts voluntarily

Then as for involuntary acts of harm, they are either such as are
Excusable or such as are not: under the former head come all errors done
Not merely in ignorance but from ignorance; under the latter all that
Are done not from ignorance but in ignorance caused by some passion
Which is neither natural nor fairly attributable to human infirmity

[Sidenote: IX] Now a question may be raised whether we have spoken with
Sufficient distinctness as to being unjustly dealt with, and dealing
Unjustly towards others. First, whether the case is possible which
Euripides has put, saying somewhat strangely

"My mother he hath slain; the tale is short
Either he willingly did slay her willing
Or else with her will but against his own."

I mean then, is it really possible for a person to be unjustly dealt
With with his own consent, or must every case of being unjustly dealt
With be against the will of the sufferer as every act of unjust dealing
Is voluntary?

And next, are cases of being unjustly dealt with to be ruled all one way
As every act of unjust dealing is voluntary? or may we say that some
Cases are voluntary and some involuntary?

Similarly also as regards being justly dealt with: all just acting is
Voluntary, so that it is fair to suppose that the being dealt with
Unjustly or justly must be similarly opposed, as to being either
Voluntary or involuntary

Now as for being justly dealt with, the position that every case of this
Is voluntary is a strange one, for some are certainly justly dealt
With without their will. The fact is a man may also fairly raise this
Question, whether in every case he who has suffered what is unjust is
Therefore unjustly dealt with, or rather that the case is the same with
Suffering as it is with acting; namely that in both it is possible to
Participate in what is just, but only accidentally. Clearly the case of
What is unjust is similar: for doing things in themselves unjust is not
Identical with acting unjustly, nor is suffering them the same as being
Unjustly dealt with. So too of acting justly and being justly dealt
With, since it is impossible to be unjustly dealt with unless some one
Else acts unjustly or to be justly dealt with unless some one else acts
Justly

Now if acting unjustly is simply "hurting another voluntarily" (by which
I mean, knowing whom you are hurting, and wherewith, and how you are
Hurting him), and the man who fails of self-control voluntarily hurts
Himself, then this will be a case of being voluntarily dealt unjustly
With, and it will be possible for a man to deal unjustly with himself
(This by the way is one of the questions raised, whether it is possible
For a man to deal unjustly with himself.) Or again, a man may, by
Reason of failing of self-control, receive hurt from another man acting
Voluntarily, and so here will be another case of being unjustly dealt
With voluntarily. [Sidenote: 1136]

The solution, I take it, is this: the definition of being unjustly dealt
With is not correct, but we must add, to the hurting with the knowledge
Of the person hurt and the instrument and the manner of hurting him, the
Fact of its being against the wish of the man who is hurt

So then a man may be hurt and suffer what is in itself unjust
Voluntarily, but unjustly dealt with voluntarily no man can be: since no
Man wishes to be hurt, not even he who fails of self-control, who really
Acts contrary to his wish: for no man wishes for that which he does not
_think_ to be good, and the man who fails of self-control does not what
He thinks he ought to do

And again, he that gives away his own property (as Homer says Glaucus
Gave to Diomed, "armour of gold for brass, armour worth a hundred oxen
For that which was worth but nine") is not unjustly dealt with, because
The giving rests entirely with himself; but being unjustly dealt with
Does not, there must be some other person who is dealing unjustly
Towards him

With respect to being unjustly dealt with then, it is clear that it is
Not voluntary

There remain yet two points on which we purposed to speak: first, is he
Chargeable with an unjust act who in distribution has _given_ the larger
Share to one party contrary to the proper rate, or he that _has_ the
Larger share? next, can a man deal unjustly by himself?

In the first question, if the first-named alternative is possible and
It is the distributor who acts unjustly and not he who has the larger
Share, then supposing that a person knowingly and willingly gives more
To another than to himself here is a case of a man dealing unjustly by
Himself; which, in fact, moderate men are thought to do, for it is a
Characteristic of the equitable man to take less than his due

Is not this the answer? that the case is not quite fairly stated
Because of some other good, such as credit or the abstract honourable
In the supposed case the man did get the larger share. And again, the
Difficulty is solved by reference to the definition of unjust dealing:
For the man suffers nothing contrary to his own wish, so that, on this
Score at least, he is not unjustly dealt with, but, if anything, he is
Hurt only

It is evident also that it is the distributor who acts unjustly and not
The man who has the greater share: because the mere fact of the abstract
Unjust attaching to what a man does, does not constitute unjust action
But the doing this voluntarily: and voluntariness attaches to that
Quarter whence is the origination of the action, which clearly is in the
Distributor not in the receiver. And again the term doing is used in
Several senses; in one sense inanimate objects kill, or the hand, or
The slave by his master's bidding; so the man in question does not act
Unjustly but does things which are in themselves unjust

[Sidenote: 1137a] Again, suppose that a man has made a wrongful award
In ignorance; in the eye of the law he does not act unjustly nor is
His awarding unjust, but yet he is in a certain sense: for the Just
According to law and primary or natural Just are not coincident: but, if
He knowingly decided unjustly, then he himself as well as the receiver
Got the larger share, that is, either of favour from the receiver or
Private revenge against the other party: and so the man who decided
Unjustly from these motives gets a larger share, in exactly the same
Sense as a man would who received part of the actual matter of the
Unjust action: because in this case the man who wrongly adjudged, say a
Field, did not actually get land but money by his unjust decision

Now men suppose that acting Unjustly rests entirely with themselves
And conclude that acting Justly is therefore also easy. But this is not
Really so; to have connection with a neighbour's wife, or strike one's
Neighbour, or give the money with one's hand, is of course easy and
Rests with one's self: but the doing these acts with certain inward
Dispositions neither is easy nor rests entirely with one's self. And in
Like way, the knowing what is Just and what Unjust men think no great
Instance of wisdom because it is not hard to comprehend those things
Of which the laws speak. They forget that these are not Just actions
Except accidentally: to be Just they must be done and distributed in
A certain manner: and this is a more difficult task than knowing what
Things are wholesome; for in this branch of knowledge it is an easy
Matter to know honey, wine, hellebore, cautery, or the use of the knife
But the knowing how one should administer these with a view to health
And to whom and at what time, amounts in fact to being a physician

From this very same mistake they suppose also, that acting Unjustly is
Equally in the power of the Just man, for the Just man no less, nay even
More, than the Unjust, may be able to do the particular acts; he may be
Able to have intercourse with a woman or strike a man; or the brave man
To throw away his shield and turn his back and run this way or that
True: but then it is not the mere doing these things which constitutes
Acts of cowardice or injustice (except accidentally), but the doing them
With certain inward dispositions: just as it is not the mere using or
Not using the knife, administering or not administering certain drugs
Which constitutes medical treatment or curing, but doing these things in
A certain particular way

Again the abstract principles of Justice have their province among those
Who partake of what is abstractedly good, and can have too much or too
Little of these. Now there are beings who cannot have too much of them
As perhaps the gods; there are others, again, to whom no particle of
Them is of use, those who are incurably wicked to whom all things are
Hurtful; others to whom they are useful to a certain degree: for this
Reason then the province of Justice is among Men

[Sidenote: 1137b] We have next to speak of Equity and the Equitable
That is to say, of the relations of Equity to Justice and the Equitable
To the Just; for when we look into the matter the two do not appear
Identical nor yet different in kind; and we sometimes commend the
Equitable and the man who embodies it in his actions, so that by way of
Praise we commonly transfer the term also to other acts instead of the
Term good, thus showing that the more Equitable a thing is the better it
Is: at other times following a certain train of reasoning we arrive at a
Difficulty, in that the Equitable though distinct from the Just is yet
Praiseworthy; it seems to follow either that the Just is not good or the
Equitable not Just, since they are by hypothesis different; or if both
Are good then they are identical

This is a tolerably fair statement of the difficulty which on these
Grounds arises in respect of the Equitable; but, in fact, all these may
Be reconciled and really involve no contradiction: for the Equitable is
Just, being also better than one form of Just, but is not better than
The Just as though it were different from it in kind: Just and Equitable
Then are identical, and, both being good, the Equitable is the better of
The two

What causes the difficulty is this; the Equitable is Just, but not the
Just which is in accordance with written law, being in fact a correction
Of that kind of Just. And the account of this is, that every law is
Necessarily universal while there are some things which it is not
Possible to speak of rightly in any universal or general statement
Where then there is a necessity for general statement, while a general
Statement cannot apply rightly to all cases, the law takes the
Generality of cases, being fully aware of the error thus involved; and
Rightly too notwithstanding, because the fault is not in the law, or
In the framer of the law, but is inherent in the nature of the thing
Because the matter of all action is necessarily such

When then the law has spoken in general terms, and there arises a
Case of exception to the general rule, it is proper, in so far as the
Lawgiver omits the case and by reason of his universality of statement
Is wrong, to set right the omission by ruling it as the lawgiver himself
Would rule were he there present, and would have provided by law had he
Foreseen the case would arise. And so the Equitable is Just but better
Than one form of Just; I do not mean the abstract Just but the error
Which arises out of the universality of statement: and this is the
Nature of the Equitable, "a correction of Law, where Law is defective by
Reason of its universality."

This is the reason why not all things are according to law, because
There are things about which it is simply impossible to lay down a law
And so we want special enactments for particular cases. For to speak
Generally, the rule of the undefined must be itself undefined also, just
As the rule to measure Lesbian building is made of lead: for this rule
Shifts according to the form of each stone and the special enactment
According to the facts of the case in question

[Sidenote: 1138a] It is clear then what the Equitable is; namely that it
Is Just but better than one form of Just: and hence it appears too who
The Equitable man is: he is one who has a tendency to choose and carry
Out these principles, and who is not apt to press the letter of the law
On the worse side but content to waive his strict claims though backed
By the law: and this moral state is Equity, being a species of Justice
Not a different moral state from Justice

XI

The answer to the second of the two questions indicated above, "whether
It is possible for a man to deal unjustly by himself," is obvious from
What has been already stated. In the first place, one class of Justs is
Those which are enforced by law in accordance with Virtue in the most
Extensive sense of the term: for instance, the law does not bid a man
Kill himself; and whatever it does not bid it forbids: well, whenever a
Man does hurt contrary to the law (unless by way of requital of hurt)
Voluntarily, i.e. knowing to whom he does it and wherewith, he acts
Unjustly. Now he that from rage kills himself, voluntarily, does this
In contravention of Right Reason, which the law does not permit. He
Therefore acts Unjustly: but towards whom? towards the Community, not
Towards himself (because he suffers with his own consent, and no man can
Be Unjustly dealt with with his own consent), and on this principle the
Community punishes him; that is a certain infamy is attached to the
Suicide as to one who acts Unjustly towards the Community

Next, a man cannot deal Unjustly by himself in the sense in which a man
Is Unjust who only does Unjust acts without being entirely bad (for the
Two things are different, because the Unjust man is in a way bad, as the
Coward is, not as though he were chargeable with badness in the full
Extent of the term, and so he does not act Unjustly in this sense)
Because if it were so then it would be possible for the same thing to
Have been taken away from and added to the same person: but this is
Really not possible, the Just and the Unjust always implying a plurality
Of persons

Again, an Unjust action must be voluntary, done of deliberate purpose
And aggressive (for the man who hurts because he has first suffered and
Is merely requiting the same is not thought to act Unjustly), but here
The man does to himself and suffers the same things at the same time

Again, it would imply the possibility of being Unjustly dealt with with
One's own consent

And, besides all this, a man cannot act Unjustly without his act falling
Under some particular crime; now a man cannot seduce his own wife
Commit a burglary on his own premises, or steal his own property. After
All, the general answer to the question is to allege what was settled
Respecting being Unjustly dealt with with one's own consent

It is obvious, moreover, that being Unjustly dealt by and dealing
Unjustly by others are both wrong; because the one is having less, the
Other having more, than the mean, and the case is parallel to that of
The healthy in the healing art, and that of good condition in the art of
Training: but still the dealing Unjustly by others is the worst of the
Two, because this involves wickedness and is blameworthy; wickedness, I
Mean, either wholly, or nearly so (for not all voluntary wrong implies
Injustice), but the being Unjustly dealt by does not involve wickedness
Or injustice

[Sidenote: 1138b] In itself then, the being Unjustly dealt by is the
Least bad, but accidentally it may be the greater evil of the two
However, scientific statement cannot take in such considerations; a
Pleurisy, for instance, is called a greater physical evil than a bruise:
And yet this last may be the greater accidentally; it may chance that a
Bruise received in a fall may cause one to be captured by the enemy and
Slain

Further: Just, in the way of metaphor and similitude, there may be I do
Not say between a man and himself exactly but between certain parts of
His nature; but not Just of every kind, only such as belongs to the
Relation of master and slave, or to that of the head of a family. For
All through this treatise the rational part of the Soul has been viewed
As distinct from the irrational

Now, taking these into consideration, there is thought to be a
Possibility of injustice towards one's self, because herein it is
Possible for men to suffer somewhat in contradiction of impulses really
Their own; and so it is thought that there is Just of a certain kind
Between these parts mutually, as between ruler and ruled

Let this then be accepted as an account of the distinctions which we
Recognise respecting Justice and the rest of the moral virtues

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