The Complete Works of Aristotle

by Barnes, Jonathan, Aristotle

  Now we have previously stated how the reciprocal is related to the just; but we [25] 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 self-sufficiency, 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 [30] 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, [1134b1] but law,43 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 or 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 [5] 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 this, though they are like it; for there can be no injustice in the unqualified sense towards things [10] 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 [15] 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 [20] 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 [25] 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 [30] 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 [1135a1] 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 [5] 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 [10] before it is done is not yet this 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. [15]

  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 [20] 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 [25] striking, with what, and to what end), each such act being done not incidentally nor under compulsion (e.g. if you take my hand and strike someone else with it, I do not act voluntarily; for the act was not in my 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 [30] 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 [1135b1] 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 [5] 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 [10] 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; those done in ignorance are mistakes when the person acted on, the act, the instrument, or the end is other than the agent supposed; the agent thought either that he was not hitting 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 [15] 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 the injury takes place contrary to reasonable expectation, it is a misadventure. When it is not contrary to reasonable expectation but does not imply vice, it is a mistake (for a man makes a mistake when the ignorance44 originates in him, but is the victim of accident when its origin lies outside him). When he acts with knowledge but not [20] 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 a man acts [25] 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 ha
ppened or not, but its justice; for it is apparent injustice that occasions anger. For they do [30] 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 [1136a1] 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 forgivable, others not. For the mistakes which [5] men make not only in ignorance but also from ignorance are forgivable, 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 forgivable.

  9 · Assuming that we have sufficiently defined the suffering and doing of [10] injustice, it may be asked whether there is any truth 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 voluntarily treated unjustly, or is all suffering of injustice [15] 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 [20] 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 non-voluntarily treated justly. 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 both it is possible to partake of justice incidentally, and [25] 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 [30] 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 [1136b1] 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, [5] 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 [10] Glaucus gave Diomede

  Armour of gold for brazen, the price of a hundred beeves for nine,45

  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.

  [15] Of the questions we intended to discuss two still remain for discussion: whether it is the man who has assigned to another more than his deserts that acts unjustly, or he who has the excessive share, and 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 [20] 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 he perhaps gets more than his share of some other good, e.g. of honour or of intrinsic nobility. Again, 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 [25] 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 things are said to do things in different senses, and there is a [30] 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 judgment in ignorance, he does not act unjustly in respect of legal justice, and his judgment is not unjust in this sense, but in a sense it is unjust (for legal justice and primary justice are different); but if with [1137a1] 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 unjust act, the man who has judged unjustly for these reasons has got too much; for, assigning the land on that condition, he received not land but money.

  [5] 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 [10] 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 there [15] 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 acts; for he could lie with a woman or wound a neighbour; and the brave man could throw away his shield and turn to [20] 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 to heal consists not in applying or not applying the knife, in using or not using medicines, but in doing so in [25] 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 [30] human.

  10 · Our next subject is equity and the equitable, 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 sometimes praise what is equitable and the equitable man (so th
at we apply the name by way of praise even to instances of the other virtues, instead of ‘good’, meaning by ‘more equitable’46 [1137b1] 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,47 if they are different; or, if both are good, they [5] 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 [10] 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 will be correct. In those cases, then, in which it is necessary to speak universally, but not possible to do so [15] 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 not in the law nor in the legislator but in the nature of the thing, since the matter of practical affairs is of this [20] 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, when the legislator fails us and has erred by over-simplicity, 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 [25] 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, viz. that about some things it is impossible to lay down a law, so that a decree is needed. For when the thing is [30] indefinite the rule also is indefinite, like the lead 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.