Saturday, March 24, 2007

BOOK V

1

WITH regards to justice and injustice we must (1) consider what kind
of actions they are concerned with, (2) what sort of mean justice
is, and (3) between what extremes the just act is intermediate. Our
investigation shall follow the same course as the preceding
discussions.
We see that all men mean by justice that kind of state of
character which makes people disposed to do what is just and makes
them act justly and wish for what is just; and similarly by
injustice that state which makes them act unjustly and wish for what
is unjust. Let us too, then, lay this down as a general basis. For the
same is not true of the sciences and the faculties as of states of
character. A faculty or a science which is one and the same is held to
relate to contrary objects, but a state of character which is one of
two contraries does not produce the contrary results; e.g. as a result
of health we do not do what is the opposite of healthy, but only
what is healthy; for we say a man walks healthily, when he walks as
a healthy man would.
Now often one contrary state is recognized from its contrary, and
often states are recognized from the subjects that exhibit them; for
(A) if good condition is known, bad condition also becomes known,
and (B) good condition is known from the things that are in good
condition, and they from it. If good condition is firmness of flesh,
it is necessary both that bad condition should be flabbiness of
flesh and that the wholesome should be that which causes firmness in
flesh. And it follows for the most part that if one contrary is
ambiguous the other also will be ambiguous; e.g. if 'just' is so, that
'unjust' will be so too.
Now 'justice' and 'injustice' seem to be ambiguous, but because
their different meanings approach near to one another the ambiguity
escapes notice and is not obvious as it is, comparatively, when the
meanings are far apart, e.g. (for here the difference in outward
form is great) as the ambiguity in the use of kleis for the
collar-bone of an animal and for that with which we lock a door. Let
us take as a starting-point, then, the various meanings of 'an
unjust man'. Both the lawless man and the grasping and unfair man
are thought to be unjust, so that evidently both the law-abiding and
the fair man will be just. The just, then, is the lawful and the fair,
the unjust the unlawful and the unfair.
Since the unjust man is grasping, he must be concerned with
goods-not all goods, but those with which prosperity and adversity
have to do, which taken absolutely are always good, but for a
particular person are not always good. Now men pray for and pursue
these things; but they should not, but should pray that the things
that are good absolutely may also be good for them, and should
choose the things that are good for them. The unjust man does not
always choose the greater, but also the less-in the case of things bad
absolutely; but because the lesser evil is itself thought to be in a
sense good, and graspingness is directed at the good, therefore he
is thought to be grasping. And he is unfair; for this contains and
is common to both.
Since the lawless man was seen to be unjust and the law-abiding
man just, evidently all lawful acts are in a sense just acts; for
the acts laid down by the legislative art are lawful, and each of
these, we say, is just. Now the laws in their enactments on all
subjects aim at the common advantage either of all or of the best or
of those who hold power, or something of the sort; so that in one
sense we call those acts just that tend to produce and preserve
happiness and its components for the political society. And the law
bids us do both the acts of a brave man (e.g. not to desert our post
nor take to flight nor throw away our arms), and those of a
temperate man (e.g. not to commit adultery nor to gratify one's lust),
and those of a good-tempered man (e.g. not to strike another nor to
speak evil), and similarly with regard to the other virtues and
forms of wickedness, commanding some acts and forbidding others; and
the rightly-framed law does this rightly, and the hastily conceived
one less well. This form of justice, then, is complete virtue, but not
absolutely, but in relation to our neighbour. And therefore justice is
often thought to be the greatest of virtues, and 'neither evening
nor morning star' is so wonderful; and proverbially 'in justice is
every virtue comprehended'. And it is complete virtue in its fullest
sense, because it is the actual exercise of complete virtue. It is
complete because he who possesses it can exercise his virtue not
only in himself but towards his neighbour also; for many men can
exercise virtue in their own affairs, but not in their relations to
their neighbour. This is why the saying of Bias is thought to be true,
that 'rule will show the man'; for a ruler is necessarily in
relation to other men and a member of a society. For this same
reason justice, alone of the virtues, is thought to be 'another's
good', because it is related to our neighbour; for it does what is
advantageous to another, either a ruler or a copartner. Now the
worst man is he who exercises his wickedness both towards himself
and towards his friends, and the best man is not he who exercises
his virtue towards himself but he who exercises it towards another;
for this is a difficult task. Justice in this sense, then, is not part
of virtue but virtue entire, nor is the contrary injustice a part of
vice but vice entire. What the difference is between virtue and
justice in this sense is plain from what we have said; they are the
same but their essence is not the same; what, as a relation to one's
neighbour, is justice is, as a certain kind of state without
qualification, virtue.
2

But at all events what we are investigating is the justice which
is a part of virtue; for there is a justice of this kind, as we
maintain. Similarly it is with injustice in the particular sense
that we are concerned.
That there is such a thing is indicated by the fact that while the
man who exhibits in action the other forms of wickedness acts
wrongly indeed, but not graspingly (e.g. the man who throws away his
shield through cowardice or speaks harshly through bad temper or fails
to help a friend with money through meanness), when a man acts
graspingly he often exhibits none of these vices,-no, nor all
together, but certainly wickedness of some kind (for we blame him) and
injustice. There is, then, another kind of injustice which is a part
of injustice in the wide sense, and a use of the word 'unjust' which
answers to a part of what is unjust in the wide sense of 'contrary
to the law'. Again if one man commits adultery for the sake of gain
and makes money by it, while another does so at the bidding of
appetite though he loses money and is penalized for it, the latter
would be held to be self-indulgent rather than grasping, but the
former is unjust, but not self-indulgent; evidently, therefore, he
is unjust by reason of his making gain by his act. Again, all other
unjust acts are ascribed invariably to some particular kind of
wickedness, e.g. adultery to self-indulgence, the desertion of a
comrade in battle to cowardice, physical violence to anger; but if a
man makes gain, his action is ascribed to no form of wickedness but
injustice. Evidently, therefore, there is apart from injustice in
the wide sense another, 'particular', injustice which shares the
name and nature of the first, because its definition falls within
the same genus; for the significance of both consists in a relation to
one's neighbour, but the one is concerned with honour or money or
safety-or that which includes all these, if we had a single name for
it-and its motive is the pleasure that arises from gain; while the
other is concerned with all the objects with which the good man is
concerned.
It is clear, then, that there is more than one kind of justice,
and that there is one which is distinct from virtue entire; we must
try to grasp its genus and differentia.
The unjust has been divided into the unlawful and the unfair, and
the just into the lawful and the fair. To the unlawful answers the
afore-mentioned sense of injustice. But since unfair and the
unlawful are not the same, but are different as a part is from its
whole (for all that is unfair is unlawful, but not all that is
unlawful is unfair), the unjust and injustice in the sense of the
unfair are not the same as but different from the former kind, as part
from whole; for injustice in this sense is a part of injustice in
the wide sense, and similarly justice in the one sense of justice in
the other. Therefore we must speak also about particular justice and
particular and similarly about the just and the unjust. The justice,
then, which answers to the whole of virtue, and the corresponding
injustice, one being the exercise of virtue as a whole, and the
other that of vice as a whole, towards one's neighbour, we may leave
on one side. And how the meanings of 'just' and 'unjust' which
answer to these are to be distinguished is evident; for practically
the majority of the acts commanded by the law are those which are
prescribed from the point of view of virtue taken as a whole; for
the law bids us practise every virtue and forbids us to practise any
vice. And the things that tend to produce virtue taken as a whole
are those of the acts prescribed by the law which have been prescribed
with a view to education for the common good. But with regard to the
education of the individual as such, which makes him without
qualification a good man, we must determine later whether this is
the function of the political art or of another; for perhaps it is not
the same to be a good man and a good citizen of any state taken at
random.
Of particular justice and that which is just in the corresponding
sense, (A) one kind is that which is manifested in distributions of
honour or money or the other things that fall to be divided among
those who have a share in the constitution (for in these it is
possible for one man to have a share either unequal or equal to that
of another), and (B) one is that which plays a rectifying part in
transactions between man and man. Of this there are two divisions;
of transactions (1) some are voluntary and (2) others
involuntary- voluntary such transactions as sale, purchase, loan for
consumption, pledging, loan for use, depositing, letting (they are
called voluntary because the origin of these transactions is
voluntary), while of the involuntary (a) some are clandestine, such as
theft, adultery, poisoning, procuring, enticement of slaves,
assassination, false witness, and (b) others are violent, such as
assault, imprisonment, murder, robbery with violence, mutilation,
abuse, insult.
3

(A) We have shown that both the unjust man and the unjust act are
unfair or unequal; now it is clear that there is also an
intermediate between the two unequals involved in either case. And
this is the equal; for in any kind of action in which there's a more
and a less there is also what is equal. If, then, the unjust is
unequal, just is equal, as all men suppose it to be, even apart from
argument. And since the equal is intermediate, the just will be an
intermediate. Now equality implies at least two things. The just,
then, must be both intermediate and equal and relative (i.e. for
certain persons). And since the equall intermediate it must be between
certain things (which are respectively greater and less); equal, it
involves two things; qua just, it is for certain people. The just,
therefore, involves at least four terms; for the persons for whom it
is in fact just are two, and the things in which it is manifested, the
objects distributed, are two. And the same equality will exist between
the persons and between the things concerned; for as the latter the
things concerned-are related, so are the former; if they are not
equal, they will not have what is equal, but this is the origin of
quarrels and complaints-when either equals have and are awarded
unequal shares, or unequals equal shares. Further, this is plain
from the fact that awards should be 'according to merit'; for all
men agree that what is just in distribution must be according to merit
in some sense, though they do not all specify the same sort of
merit, but democrats identify it with the status of freeman,
supporters of oligarchy with wealth (or with noble birth), and
supporters of aristocracy with excellence.
The just, then, is a species of the proportionate (proportion
being not a property only of the kind of number which consists of
abstract units, but of number in general). For proportion is
equality of ratios, and involves four terms at least (that discrete
proportion involves four terms is plain, but so does continuous
proportion, for it uses one term as two and mentions it twice; e.g.
'as the line A is to the line B, so is the line B to the line C';
the line B, then, has been mentioned twice, so that if the line B be
assumed twice, the proportional terms will be four); and the just,
too, involves at least four terms, and the ratio between one pair is
the same as that between the other pair; for there is a similar
distinction between the persons and between the things. As the term A,
then, is to B, so will C be to D, and therefore, alternando, as A is
to C, B will be to D. Therefore also the whole is in the same ratio to
the whole; and this coupling the distribution effects, and, if the
terms are so combined, effects justly. The conjunction, then, of the
term A with C and of B with D is what is just in distribution, and
this species of the just is intermediate, and the unjust is what
violates the proportion; for the proportional is intermediate, and the
just is proportional. (Mathematicians call this kind of proportion
geometrical; for it is in geometrical proportion that it follows
that the whole is to the whole as either part is to the
corresponding part.) This proportion is not continuous; for we
cannot get a single term standing for a person and a thing.
This, then, is what the just is-the proportional; the unjust is what
violates the proportion. Hence one term becomes too great, the other
too small, as indeed happens in practice; for the man who acts
unjustly has too much, and the man who is unjustly treated too little,
of what is good. In the case of evil the reverse is true; for the
lesser evil is reckoned a good in comparison with the greater evil,
since the lesser evil is rather to be chosen than the greater, and
what is worthy of choice is good, and what is worthier of choice a
greater good.
This, then, is one species of the just.
4

(B) The remaining one is the rectificatory, which arises in
connexion with transactions both voluntary and involuntary. This
form of the just has a different specific character from the former.
For the justice which distributes common possessions is always in
accordance with the kind of proportion mentioned above (for in the
case also in which the distribution is made from the common funds of a
partnership it will be according to the same ratio which the funds put
into the business by the partners bear to one another); and the
injustice opposed to this kind of justice is that which violates the
proportion. But the justice in transactions between man and man is a
sort of equality indeed, and the injustice a sort of inequality; not
according to that kind of proportion, however, but according to
arithmetical proportion. For it makes no difference whether a good man
has defrauded a bad man or a bad man a good one, nor whether it is a
good or a bad man that has committed adultery; the law looks only to
the distinctive character of the injury, and treats the parties as
equal, if one is in the wrong and the other is being wronged, and if
one inflicted injury and the other has received it. Therefore, this
kind of injustice being an inequality, the judge tries to equalize it;
for in the case also in which one has received and the other has
inflicted a wound, or one has slain and the other been slain, the
suffering and the action have been unequally distributed; but the
judge tries to equalize by means of the penalty, taking away from
the gain of the assailant. For the term 'gain' is applied generally to
such cases, even if it be not a term appropriate to certain cases,
e.g. to the person who inflicts a woundand 'loss' to the sufferer;
at all events when the suffering has been estimated, the one is called
loss and the other gain. Therefore the equal is intermediate between
the greater and the less, but the gain and the loss are respectively
greater and less in contrary ways; more of the good and less of the
evil are gain, and the contrary is loss; intermediate between them is,
as we saw, equal, which we say is just; therefore corrective justice
will be the intermediate between loss and gain. This is why, when
people dispute, they take refuge in the judge; and to go to the
judge is to go to justice; for the nature of the judge is to be a sort
of animate justice; and they seek the judge as an intermediate, and in
some states they call judges mediators, on the assumption that if they
get what is intermediate they will get what is just. The just, then,
is an intermediate, since the judge is so. Now the judge restores
equality; it is as though there were a line divided into unequal
parts, and he took away that by which the greater segment exceeds
the half, and added it to the smaller segment. And when the whole
has been equally divided, then they say they have 'their own'-i.e.
when they have got what is equal. The equal is intermediate between
the greater and the lesser line according to arithmetical
proportion. It is for this reason also that it is called just
(sikaion), because it is a division into two equal parts (sicha), just
as if one were to call it sichaion; and the judge (sikastes) is one
who bisects (sichastes). For when something is subtracted from one
of two equals and added to the other, the other is in excess by
these two; since if what was taken from the one had not been added
to the other, the latter would have been in excess by one only. It
therefore exceeds the intermediate by one, and the intermediate
exceeds by one that from which something was taken. By this, then,
we shall recognize both what we must subtract from that which has
more, and what we must add to that which has less; we must add to
the latter that by which the intermediate exceeds it, and subtract
from the greatest that by which it exceeds the intermediate. Let the
lines AA', BB', CC' be equal to one another; from the line AA' let the
segment AE have been subtracted, and to the line CC' let the segment
CD have been added, so that the whole line DCC' exceeds the line EA'
by the segment CD and the segment CF; therefore it exceeds the line
BB' by the segment CD. (See diagram.)
These names, both loss and gain, have come from voluntary
exchange; for to have more than one's own is called gaining, and to
have less than one's original share is called losing, e.g. in buying
and selling and in all other matters in which the law has left
people free to make their own terms; but when they get neither more
nor less but just what belongs to themselves, they say that they
have their own and that they neither lose nor gain.
Therefore the just is intermediate between a sort of gain and a sort
of loss, viz. those which are involuntary; it consists in having an
equal amount before and after the transaction.
5

Some think that reciprocity is without qualification just, as the
Pythagoreans said; for they defined justice without qualification as
reciprocity. Now 'reciprocity' fits neither distributive nor
rectificatory justice-yet people want even the justice of Rhadamanthus
to mean this:

Should a man suffer what he did, right justice would be done

-for in many cases reciprocity and rectificatory justice are not in
accord; e.g. (1) if an official has inflicted a wound, he should not
be wounded in return, and if some one has wounded an official, he
ought not to be wounded only but punished in addition. Further (2)
there is a great difference between a voluntary and an involuntary
act. But in associations for exchange this sort of justice does hold
men together-reciprocity in accordance with a proportion and not on
the basis of precisely equal return. For it is by proportionate
requital that the city holds together. Men seek to return either
evil for evil-and if they cana not do so, think their position mere
slavery-or good for good-and if they cannot do so there is no
exchange, but it is by exchange that they hold together. This is why
they give a prominent place to the temple of the Graces-to promote the
requital of services; for this is characteristic of grace-we should
serve in return one who has shown grace to us, and should another time
take the initiative in showing it.
Now proportionate return is secured by cross-conjunction. Let A be a
builder, B a shoemaker, C a house, D a shoe. The builder, then, must
get from the shoemaker the latter's work, and must himself give him in
return his own. If, then, first there is proportionate equality of
goods, and then reciprocal action takes place, the result we mention
will be effected. If not, the bargain is not equal, and does not hold;
for there is nothing to prevent the work of the one being better
than that of the other; they must therefore be equated. (And this is
true of the other arts also; for they would have been destroyed if
what the patient suffered had not been just what the agent did, and of
the same amount and kind.) For it is not two doctors that associate
for exchange, but a doctor and a farmer, or in general people who
are different and unequal; but these must be equated. This is why
all things that are exchanged must be somehow comparable. It is for
this end that money has been introduced, and it becomes in a sense
an intermediate; for it measures all things, and therefore the
excess and the defect-how many shoes are equal to a house or to a
given amount of food. The number of shoes exchanged for a house (or
for a given amount of food) must therefore correspond to the ratio
of builder to shoemaker. For if this be not so, there will be no
exchange and no intercourse. And this proportion will not be
effected unless the goods are somehow equal. All goods must
therefore be measured by some one thing, as we said before. Now this
unit is in truth demand, which holds all things together (for if men
did not need one another's goods at all, or did not need them equally,
there would be either no exchange or not the same exchange); but money
has become by convention a sort of representative of demand; and
this is why it has the name 'money' (nomisma)-because it exists not by
nature but by law (nomos) and it is in our power to change it and make
it useless. There will, then, be reciprocity when the terms have
been equated so that as farmer is to shoemaker, the amount of the
shoemaker's work is to that of the farmer's work for which it
exchanges. But we must not bring them into a figure of proportion when
they have already exchanged (otherwise one extreme will have both
excesses), but when they still have their own goods. Thus they are
equals and associates just because this equality can be effected in
their case. Let A be a farmer, C food, B a shoemaker, D his product
equated to C. If it had not been possible for reciprocity to be thus
effected, there would have been no association of the parties. That
demand holds things together as a single unit is shown by the fact
that when men do not need one another, i.e. when neither needs the
other or one does not need the other, they do not exchange, as we do
when some one wants what one has oneself, e.g. when people permit
the exportation of corn in exchange for wine. This equation
therefore must be established. And for the future exchange-that if
we do not need a thing now we shall have it if ever we do need
it-money is as it were our surety; for it must be possible for us to
get what we want by bringing the money. Now the same thing happens
to money itself as to goods-it is not always worth the same; yet it
tends to be steadier. This is why all goods must have a price set on
them; for then there will always be exchange, and if so, association
of man with man. Money, then, acting as a measure, makes goods
commensurate and equates them; for neither would there have been
association if there were not exchange, nor exchange if there were not
equality, nor equality if there were not commensurability. Now in
truth it is impossible that things differing so much should become
commensurate, but with reference to demand they may become so
sufficiently. There must, then, be a unit, and that fixed by agreement
(for which reason it is called money); for it is this that makes all
things commensurate, since all things are measured by money. Let A
be a house, B ten minae, C a bed. A is half of B, if the house is
worth five minae or equal to them; the bed, C, is a tenth of B; it
is plain, then, how many beds are equal to a house, viz. five. That
exchange took place thus before there was money is plain; for it makes
no difference whether it is five beds that exchange for a house, or
the money value of five beds.
We have now defined the unjust and the just. These having been
marked off from each other, it is plain that just action is
intermediate between acting unjustly and being unjustly treated; for
the one is to have too much and the other to have too little.
Justice is a kind of mean, but not in the same way as the other
virtues, but because it relates to an intermediate amount, while
injustice relates to the extremes. And justice is that in virtue of
which the just man is said to be a doer, by choice, of that which is
just, and one who will distribute either between himself and another
or between two others not so as to give more of what is desirable to
himself and less to his neighbour (and conversely with what is
harmful), but so as to give what is equal in accordance with
proportion; and similarly in distributing between two other persons.
Injustice on the other hand is similarly related to the unjust,
which is excess and defect, contrary to proportion, of the useful or
hurtful. For which reason injustice is excess and defect, viz. because
it is productive of excess and defect-in one's own case excess of what
is in its own nature useful and defect of what is hurtful, while in
the case of others it is as a whole like what it is in one's own case,
but proportion may be violated in either direction. In the unjust
act to have too little is to be unjustly treated; to have too much
is to act unjustly.
Let this be taken as our account of the nature of justice and
injustice, and similarly of the just and the unjust in general.
6

Since acting unjustly does not necessarily imply being unjust, we
must ask what sort of unjust acts imply that the doer is unjust with
respect to each type of injustice, e.g. a thief, an adulterer, or a
brigand. Surely the answer does not turn on the difference between
these types. For a man might even lie with a woman knowing who she
was, but the origin of his might be not deliberate choice but passion.
He acts unjustly, then, but is not unjust; e.g. a man is not a
thief, yet he stole, nor an adulterer, yet he committed adultery;
and similarly in all other cases.
Now we have previously stated how the reciprocal is related to the
just; but we must not forget that what we are looking for is not
only what is just without qualification but also political justice.
This is found among men who share their life with a view to
selfsufficiency, men who are free and either proportionately or
arithmetically equal, so that between those who do not fulfil this
condition there is no political justice but justice in a special sense
and by analogy. For justice exists only between men whose mutual
relations are governed by law; and law exists for men between whom
there is injustice; for legal justice is the discrimination of the
just and the unjust. And between men between whom there is injustice
there is also unjust action (though there is not injustice between all
between whom there is unjust action), and this is assigning too much
to oneself of things good in themselves and too little of things
evil in themselves. This is why we do not allow a man to rule, but
rational principle, because a man behaves thus in his own interests
and becomes a tyrant. The magistrate on the other hand is the guardian
of justice, and, if of justice, then of equality also. And since he is
assumed to have no more than his share, if he is just (for he does not
assign to himself more of what is good in itself, unless such a
share is proportional to his merits-so that it is for others that he
labours, and it is for this reason that men, as we stated
previously, say that justice is 'another's good'), therefore a
reward must be given him, and this is honour and privilege; but
those for whom such things are not enough become tyrants.
The justice of a master and that of a father are not the same as the
justice of citizens, though they are like it; for there can be no
injustice in the unqualified sense towards thing that are one's own,
but a man's chattel, and his child until it reaches a certain age
and sets up for itself, are as it were part of himself, and no one
chooses to hurt himself (for which reason there can be no injustice
towards oneself). Therefore the justice or injustice of citizens is
not manifested in these relations; for it was as we saw according to
law, and between people naturally subject to law, and these as we saw'
are people who have an equal share in ruling and being ruled. Hence
justice can more truly be manifested towards a wife than towards
children and chattels, for the former is household justice; but even
this is different from political justice.
7

Of political justice part is natural, part legal, natural, that
which everywhere has the same force and does not exist by people's
thinking this or that; legal, that which is originally indifferent,
but when it has been laid down is not indifferent, e.g. that a
prisoner's ransom shall be a mina, or that a goat and not two sheep
shall be sacrificed, and again all the laws that are passed for
particular cases, e.g. that sacrifice shall be made in honour of
Brasidas, and the provisions of decrees. Now some think that all
justice is of this sort, because that which is by nature is
unchangeable and has everywhere the same force (as fire burns both
here and in Persia), while they see change in the things recognized as
just. This, however, is not true in this unqualified way, but is
true in a sense; or rather, with the gods it is perhaps not true at
all, while with us there is something that is just even by nature, yet
all of it is changeable; but still some is by nature, some not by
nature. It is evident which sort of thing, among things capable of
being otherwise, is by nature, and which is not but is legal and
conventional, assuming that both are equally changeable. And in all
other things the same distinction will apply; by nature the right hand
is stronger, yet it is possible that all men should come to be
ambidextrous. The things which are just by virtue of convention and
expediency are like measures; for wine and corn measures are not
everywhere equal, but larger in wholesale and smaller in retail
markets. Similarly, the things which are just not by nature but by
human enactment are not everywhere the same, since constitutions
also are not the same, though there is but one which is everywhere
by nature the best. Of things just and lawful each is related as the
universal to its particulars; for the things that are done are many,
but of them each is one, since it is universal.
There is a difference between the act of injustice and what is
unjust, and between the act of justice and what is just; for a thing
is unjust by nature or by enactment; and this very thing, when it
has been done, is an act of injustice, but before it is done is not
yet that but is unjust. So, too, with an act of justice (though the
general term is rather 'just action', and 'act of justice' is
applied to the correction of the act of injustice).
Each of these must later be examined separately with regard to the
nature and number of its species and the nature of the things with
which it is concerned.
8

Acts just and unjust being as we have described them, a man acts
unjustly or justly whenever he does such acts voluntarily; when
involuntarily, he acts neither unjustly nor justly except in an
incidental way; for he does things which happen to be just or
unjust. Whether an act is or is not one of injustice (or of justice)
is determined by its voluntariness or involuntariness; for when it
is voluntary it is blamed, and at the same time is then an act of
injustice; so that there will be things that are unjust but not yet
acts of injustice, if voluntariness be not present as well. By the
voluntary I mean, as has been said before, any of the things in a
man's own power which he does with knowledge, i.e. not in ignorance
either of the person acted on or of the instrument used or of the
end that will be attained (e.g. whom he is striking, with what, and to
what end), each such act being done not incidentally nor under
compulsion (e.g. if A takes B's hand and therewith strikes C, B does
not act voluntarily; for the act was not in his own power). The person
struck may be the striker's father, and the striker may know that it
is a man or one of the persons present, but not know that it is his
father; a similar distinction may be made in the case of the end,
and with regard to the whole action. Therefore that which is done in
ignorance, or though not done in ignorance is not in the agent's
power, or is done under compulsion, is involuntary (for many natural
processes, even, we knowingly both perform and experience, none of
which is either voluntary or involuntary; e.g. growing old or
dying). But in the case of unjust and just acts alike the injustice or
justice may be only incidental; for a man might return a deposit
unwillingly and from fear, and then he must not be said either to do
what is just or to act justly, except in an incidental way.
Similarly the man who under compulsion and unwillingly fails to return
the deposit must be said to act unjustly, and to do what is unjust,
only incidentally. Of voluntary acts we do some by choice, others
not by choice; by choice those which we do after deliberation, not
by choice those which we do without previous deliberation. Thus
there are three kinds of injury in transactions between man and man;
those done in ignorance are mistakes when the person acted on, the
act, the instrument, or the end that will be attained is other than
the agent supposed; the agent thought either that he was not hiting
any one or that he was not hitting with this missile or not hitting
this person or to this end, but a result followed other than that
which he thought likely (e.g. he threw not with intent to wound but
only to prick), or the person hit or the missile was other than he
supposed. Now when (1) the injury takes place contrary to reasonable
expectation, it is a misadventure. When (2) it is not contrary to
reasonable expectation, but does not imply vice, it is a mistake
(for a man makes a mistake when the fault originates in him, but is
the victim of accident when the origin lies outside him). When (3)
he acts with knowledge but not after deliberation, it is an act of
injustice-e.g. the acts due to anger or to other passions necessary or
natural to man; for when men do such harmful and mistaken acts they
act unjustly, and the acts are acts of injustice, but this does not
imply that the doers are unjust or wicked; for the injury is not due
to vice. But when (4) a man acts from choice, he is an unjust man
and a vicious man.
Hence acts proceeding from anger are rightly judged not to be done
of malice aforethought; for it is not the man who acts in anger but he
who enraged him that starts the mischief. Again, the matter in dispute
is not whether the thing happened or not, but its justice; for it is
apparent injustice that occasions rage. For they do not dispute
about the occurrence of the act-as in commercial transactions where
one of the two parties must be vicious-unless they do so owing to
forgetfulness; but, agreeing about the fact, they dispute on which
side justice lies (whereas a man who has deliberately injured
another cannot help knowing that he has done so), so that the one
thinks he is being treated unjustly and the other disagrees.
But if a man harms another by choice, he acts unjustly; and these
are the acts of injustice which imply that the doer is an unjust
man, provided that the act violates proportion or equality. Similarly,
a man is just when he acts justly by choice; but he acts justly if
he merely acts voluntarily.
Of involuntary acts some are excusable, others not. For the mistakes
which men make not only in ignorance but also from ignorance are
excusable, while those which men do not from ignorance but (though
they do them in ignorance) owing to a passion which is neither natural
nor such as man is liable to, are not excusable.
9

Assuming that we have sufficiently defined the suffering and doing
of injustice, it may be asked (1) whether the truth in expressed in
Euripides' paradoxical words:

I slew my mother, that's my tale in brief.
Were you both willing, or unwilling both?

Is it truly possible to be willingly treated unjustly, or is all
suffering of injustice the contrary involuntary, as all unjust
action is voluntary? And is all suffering of injustice of the latter
kind or else all of the former, or is it sometimes voluntary,
sometimes involuntary? So, too, with the case of being justly treated;
all just action is voluntary, so that it is reasonable that there
should be a similar opposition in either case-that both being unjustly
and being justly treated should be either alike voluntary or alike
involuntary. But it would be thought paradoxical even in the case of
being justly treated, if it were always voluntary; for some are
unwillingly treated justly. (2) One might raise this question also,
whether every one who has suffered what is unjust is being unjustly
treated, or on the other hand it is with suffering as with acting.
In action and in passivity alike it is possible to partake of
justice incidentally, and similarly (it is plain) of injustice; for to
do what is unjust is not the same as to act unjustly, nor to suffer
what is unjust as to be treated unjustly, and similarly in the case of
acting justly and being justly treated; for it is impossible to be
unjustly treated if the other does not act unjustly, or justly treated
unless he acts justly. Now if to act unjustly is simply to harm some
one voluntarily, and 'voluntarily' means 'knowing the person acted on,
the instrument, and the manner of one's acting', and the incontinent
man voluntarily harms himself, not only will he voluntarily be
unjustly treated but it will be possible to treat oneself unjustly.
(This also is one of the questions in doubt, whether a man can treat
himself unjustly.) Again, a man may voluntarily, owing to
incontinence, be harmed by another who acts voluntarily, so that it
would be possible to be voluntarily treated unjustly. Or is our
definition incorrect; must we to 'harming another, with knowledge both
of the person acted on, of the instrument, and of the manner' add
'contrary to the wish of the person acted on'? Then a man may be
voluntarily harmed and voluntarily suffer what is unjust, but no one
is voluntarily treated unjustly; for no one wishes to be unjustly
treated, not even the incontinent man. He acts contrary to his wish;
for no one wishes for what he does not think to be good, but the
incontinent man does do things that he does not think he ought to
do. Again, one who gives what is his own, as Homer says Glaucus gave
Diomede

Armour of gold for brazen, the price of a hundred beeves for nine,

is not unjustly treated; for though to give is in his power, to be
unjustly treated is not, but there must be some one to treat him
unjustly. It is plain, then, that being unjustly treated is not
voluntary.
Of the questions we intended to discuss two still remain for
discussion; (3) whether it is the man who has assigned to another more
than his share that acts unjustly, or he who has the excessive
share, and (4) whether it is possible to treat oneself unjustly. The
questions are connected; for if the former alternative is possible and
the distributor acts unjustly and not the man who has the excessive
share, then if a man assigns more to another than to himself,
knowingly and voluntarily, he treats himself unjustly; which is what
modest people seem to do, since the virtuous man tends to take less
than his share. Or does this statement too need qualification? For (a)
he perhaps gets more than his share of some other good, e.g. of honour
or of intrinsic nobility. (b) The question is solved by applying the
distinction we applied to unjust action; for he suffers nothing
contrary to his own wish, so that he is not unjustly treated as far as
this goes, but at most only suffers harm.
It is plain too that the distributor acts unjustly, but not always
the man who has the excessive share; for it is not he to whom what
is unjust appertains that acts unjustly, but he to whom it
appertains to do the unjust act voluntarily, i.e. the person in whom
lies the origin of the action, and this lies in the distributor, not
in the receiver. Again, since the word 'do' is ambiguous, and there is
a sense in which lifeless things, or a hand, or a servant who obeys an
order, may be said to slay, he who gets an excessive share does not
act unjustly, though he 'does' what is unjust.
Again, if the distributor gave his judgement in ignorance, he does
not act unjustly in respect of legal justice, and his judgement is not
unjust in this sense, but in a sense it is unjust (for legal justice
and primordial justice are different); but if with knowledge he judged
unjustly, he is himself aiming at an excessive share either of
gratitude or of revenge. As much, then, as if he were to share in
the plunder, the man who has judged unjustly for these reasons has got
too much; the fact that what he gets is different from what he
distributes makes no difference, for even if he awards land with a
view to sharing in the plunder he gets not land but money.
Men think that acting unjustly is in their power, and therefore that
being just is easy. But it is not; to lie with one's neighbour's wife,
to wound another, to deliver a bribe, is easy and in our power, but to
do these things as a result of a certain state of character is neither
easy nor in our power. Similarly to know what is just and what is
unjust requires, men think, no great wisdom, because it is not hard to
understand the matters dealt with by the laws (though these are not
the things that are just, except incidentally); but how actions must
be done and distributions effected in order to be just, to know this
is a greater achievement than knowing what is good for the health;
though even there, while it is easy to know that honey, wine,
hellebore, cautery, and the use of the knife are so, to know how, to
whom, and when these should be applied with a view to producing
health, is no less an achievement than that of being a physician.
Again, for this very reason men think that acting unjustly is
characteristic of the just man no less than of the unjust, because
he would be not less but even more capable of doing each of these
unjust acts; for he could lie with a woman or wound a neighbour; and
the brave man could throw away his shield and turn to flight in this
direction or in that. But to play the coward or to act unjustly
consists not in doing these things, except incidentally, but in
doing them as the result of a certain state of character, just as to
practise medicine and healing consists not in applying or not applying
the knife, in using or not using medicines, but in doing so in a
certain way.
Just acts occur between people who participate in things good in
themselves and can have too much or too little of them; for some
beings (e.g. presumably the gods) cannot have too much of them, and to
others, those who are incurably bad, not even the smallest share in
them is beneficial but all such goods are harmful, while to others
they are beneficial up to a point; therefore justice is essentially
something human.
10
Our next subject is equity and the equitable (to epiekes), and their
respective relations to justice and the just. For on examination
they appear to be neither absolutely the same nor generically
different; and while we sometime praise what is equitable and the
equitable man (so that we apply the name by way of praise even to
instances of the other virtues, instead of 'good' meaning by
epieikestebon that a thing is better), at other times, when we
reason it out, it seems strange if the equitable, being something
different from the just, is yet praiseworthy; for either the just or
the equitable is not good, if they are different; or, if both are
good, they are the same.
These, then, are pretty much the considerations that give rise to
the problem about the equitable; they are all in a sense correct and
not opposed to one another; for the equitable, though it is better
than one kind of justice, yet is just, and it is not as being a
different class of thing that it is better than the just. The same
thing, then, is just and equitable, and while both are good the
equitable is superior. What creates the problem is that the
equitable is just, but not the legally just but a correction of
legal justice. The reason is that all law is universal but about
some things it is not possible to make a universal statement which
shall be correct. In those cases, then, in which it is necessary to
speak universally, but not possible to do so correctly, the law
takes the usual case, though it is not ignorant of the possibility
of error. And it is none the less correct; for the error is in the law
nor in the legislator but in the nature of the thing, since the matter
of practical affairs is of this kind from the start. When the law
speaks universally, then, and a case arises on it which is not covered
by the universal statement, then it is right, where the legislator
fails us and has erred by oversimplicity, to correct the omission-to
say what the legislator himself would have said had he been present,
and would have put into his law if he had known. Hence the equitable
is just, and better than one kind of justice-not better than
absolute justice but better than the error that arises from the
absoluteness of the statement. And this is the nature of the
equitable, a correction of law where it is defective owing to its
universality. In fact this is the reason why all things are not
determined by law, that about some things it is impossible to lay down
a law, so that a decree is needed. For when the thing is indefinite
the rule also is indefinite, like the leaden rule used in making the
Lesbian moulding; the rule adapts itself to the shape of the stone and
is not rigid, and so too the decree is adapted to the facts.
It is plain, then, what the equitable is, and that it is just and is
better than one kind of justice. It is evident also from this who
the equitable man is; the man who chooses and does such acts, and is
no stickler for his rights in a bad sense but tends to take less
than his share though he has the law oft his side, is equitable, and
this state of character is equity, which is a sort of justice and
not a different state of character.
11

Whether a man can treat himself unjustly or not, is evident from
what has been said. For (a) one class of just acts are those acts in
accordance with any virtue which are prescribed by the law; e.g. the
law does not expressly permit suicide, and what it does not
expressly permit it forbids. Again, when a man in violation of the law
harms another (otherwise than in retaliation) voluntarily, he acts
unjustly, and a voluntary agent is one who knows both the person he is
affecting by his action and the instrument he is using; and he who
through anger voluntarily stabs himself does this contrary to the
right rule of life, and this the law does not allow; therefore he is
acting unjustly. But towards whom? Surely towards the state, not
towards himself. For he suffers voluntarily, but no one is voluntarily
treated unjustly. This is also the reason why the state punishes; a
certain loss of civil rights attaches to the man who destroys himself,
on the ground that he is treating the state unjustly.
Further (b) in that sense of 'acting unjustly' in which the man
who 'acts unjustly' is unjust only and not bad all round, it is not
possible to treat oneself unjustly (this is different from the
former sense; the unjust man in one sense of the term is wicked in a
particularized way just as the coward is, not in the sense of being
wicked all round, so that his 'unjust act' does not manifest
wickedness in general). For (i) that would imply the possibility of
the same thing's having been subtracted from and added to the same
thing at the same time; but this is impossible-the just and the unjust
always involve more than one person. Further, (ii) unjust action is
voluntary and done by choice, and takes the initiative (for the man
who because he has suffered does the same in return is not thought
to act unjustly); but if a man harms himself he suffers and does the
same things at the same time. Further, (iii) if a man could treat
himself unjustly, he could be voluntarily treated unjustly. Besides,
(iv) no one acts unjustly without committing particular acts of
injustice; but no one can commit adultery with his own wife or
housebreaking on his own house or theft on his own property,
In general, the question 'can a man treat himself unjustly?' is
solved also by the distinction we applied to the question 'can a man
be voluntarily treated unjustly?'
(It is evident too that both are bad, being unjustly treated and
acting unjustly; for the one means having less and the other having
more than the intermediate amount, which plays the part here that
the healthy does in the medical art, and that good condition does in
the art of bodily training. But still acting unjustly is the worse,
for it involves vice and is blameworthy-involves vice which is
either of the complete and unqualified kind or almost so (we must
admit the latter alternative, because not all voluntary unjust
action implies injustice as a state of character), while being
unjustly treated does not involve vice and injustice in oneself. In
itself, then, being unjustly treated is less bad, but there is nothing
to prevent its being incidentally a greater evil. But theory cares
nothing for this; it calls pleurisy a more serious mischief than a
stumble; yet the latter may become incidentally the more serious, if
the fall due to it leads to your being taken prisoner or put to
death the enemy.)
Metaphorically and in virtue of a certain resemblance there is a
justice, not indeed between a man and himself, but between certain
parts of him; yet not every kind of justice but that of master and
servant or that of husband and wife. For these are the ratios in which
the part of the soul that has a rational principle stands to the
irrational part; and it is with a view to these parts that people also
think a man can be unjust to himself, viz. because these parts are
liable to suffer something contrary to their respective desires; there
is therefore thought to be a mutual justice between them as between
ruler and ruled.
Let this be taken as our account of justice and the other, i.e.
the other moral, virtues.

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