περὶ δὲ δικαιοσύνης καὶ ἀδικίας σκεπτέον, περὶ ποίας τε τυγχάνουσιν οὖσαι πράξεις, καὶ ποία μεσότης ἐστὶν ἡ δικαιοσύνη, καὶ τὸ δίκαιον τίνων μέσον. ἡ δὲ σκέψις ἡμῖν ἔστω κατὰ τὴν αὐτὴν μέθοδον τοῖς προειρημένοις. ὁρῶμεν δὴ πάντας τὴν τοιαύτην ἕξιν βουλομένους λέγειν δικαιοσύνην, ἀφʼ ἧς πρακτικοὶ τῶν δικαίων εἰσὶ καὶ ἀφʼ ἧς δικαιοπραγοῦσι καὶ βούλονται τὰ δίκαια· τὸν αὐτὸν δὲ τρόπον καὶ περὶ ἀδικίας, ἀφʼ ἧς ἀδικοῦσι καὶ βούλονται τὰ ἄδικα. διὸ καὶ ἡμῖν πρῶτον ὡς ἐν τύπῳ ὑποκείσθω ταῦτα. οὐδὲ γὰρ τὸν αὐτὸν ἔχει τρόπον ἐπί τε τῶν ἐπιστημῶν καὶ δυνάμεων καὶ ἐπὶ τῶν ἕξεων.
With regard to justice and injustice, we must consider what sort of actions they are concerned with, what sort of mean justice is, and between what things the just is a mean. Let our inquiry follow the same method as our earlier discussions. We see that everyone means by justice the sort of state that makes people disposed to do what is just, and makes them act justly and wish for what is just; and in the same way by injustice the state that makes people act unjustly and wish for what is unjust. So let us too first lay these down as an outline. For what holds of sciences and capacities does not hold of states.
δύναμις μὲν γὰρ καὶ ἐπιστήμη δοκεῖ τῶν ἐναντίων ἡ αὐτὴ εἶναι, ἕξις δʼ ἡ ἐναντία τῶν ἐναντίων οὔ, οἷον ἀπὸ τῆς ὑγιείας οὐ πράττεται τὰ ἐναντία, ἀλλὰ τὰ ὑγιεινὰ μόνον· λέγομεν γὰρ ὑγιεινῶς βαδίζειν, ὅταν βαδίζῃ ὡς ἂν ὁ ὑγιαίνων. πολλάκις μὲν οὖν γνωρίζεται ἡ ἐναντία ἕξις ἀπὸ τῆς ἐναντίας, πολλάκις δὲ αἱ ἕξεις ἀπὸ τῶν ὑποκειμένων· ἐάν τε γὰρ ἡ εὐεξία ᾖ φανερά, καὶ ἡ καχεξία φανερὰ γίνεται, καὶ ἐκ τῶν εὐεκτικῶν ἡ εὐεξία καὶ ἐκ ταύτης τὰ εὐεκτικά. εἰ γάρ ἐστιν ἡ εὐεξία πυκνότης σαρκός, ἀνάγκη καὶ τὴν καχεξίαν εἶναι μανότητα σαρκὸς καὶ τὸ εὐεκτικὸν τὸ ποιητικὸν πυκνότητος ἐν σαρκί. ἀκολουθεῖ δʼ ὡς ἐπὶ τὸ πολύ, ἐὰν θάτερον πλεοναχῶς λέγηται, καὶ θάτερον πλεοναχῶς λέγεσθαι, οἷον εἰ τὸ δίκαιον, καὶ τὸ ἄδικον.
A capacity or a science seems to be the same for opposites, but a state that is one of a pair of opposites does not produce the opposite results. For example, health doesn’t give rise to the opposite of healthy actions, only to healthy ones; for we say someone walks healthily when he walks as a healthy person would. Often, then, a state is recognized from its opposite, and often states are recognized from what they are found in. For if good bodily condition is evident, poor condition also becomes evident; and good condition is recognized from what produces it, and what produces it from good condition. If good condition is firmness of flesh, then poor condition must be flabbiness of flesh, and what produces good condition must be what produces firmness in the flesh. And it follows for the most part that if one of a pair of opposites is said in more than one way, so is the other; for example, if “just” is, so is “unjust.”
ἔοικε δὲ πλεοναχῶς λέγεσθαι ἡ δικαιοσύνη καὶ ἡ ἀδικία, ἀλλὰ διὰ τὸ σύνεγγυς εἶναι τὴν ὁμωνυμίαν αὐτῶν λανθάνει καὶ οὐχ ὥσπερ ἐπὶ τῶν πόρρω δήλη μᾶλλον, (ἡ γὰρ διαφορὰ πολλὴ ἡ κατὰ τὴν ἰδέαν) οἷον ὅτι καλεῖται κλεὶς ὁμωνύμως ἥ τε ὑπὸ τὸν αὐχένα τῶν ζῴων καὶ ᾗ τὰς θύρας κλείουσιν. εἰλήφθω δὴ ὁ ἄδικος ποσαχῶς λέγεται. δοκεῖ δὴ ὅ τε παράνομος ἄδικος εἶναι καὶ ὁ πλεονέκτης καὶ ἄνισος, ὥστε δῆλον ὅτι καὶ ὁ δίκαιος ἔσται ὅ τε νόμιμος καὶ ὁ ἴσος. τὸ μὲν δίκαιον ἄρα τὸ νόμιμον καὶ τὸ ἴσον, τὸ δʼ ἄδικον τὸ παράνομον καὶ τὸ ἄνισον.
Justice and injustice seem to be said in more than one way, but because their different meanings are close together, the ambiguity goes unnoticed, and it isn’t as obvious as it is where the meanings are far apart (for there the difference in form is great)—as, for example, the fact that kleis is used ambiguously both for the collarbone of animals and for what we lock doors with. Let us grasp, then, in how many ways someone is called unjust. The lawless person is thought to be unjust, and so is the grasping, unfair person; so clearly the just person will be both the law-abiding and the fair person. The just, then, is the lawful and the fair, and the unjust is the unlawful and the unfair.
ἐπεὶ δὲ πλεονέκτης ὁ ἄδικος, περὶ τἀγαθὰ ἔσται, οὐ πάντα, ἀλλὰ περὶ ὅσα εὐτυχία καὶ ἀτυχία, ἃ ἐστὶ μὲν ἁπλῶς ἀεὶ ἀγαθά, τινὶ δʼ οὐκ ἀεί. οἱ δʼ ἄνθρωποι ταῦτα εὔχονται καὶ διώκουσιν· δεῖ δʼ οὔ, ἀλλʼ εὔχεσθαι μὲν τὰ ἁπλῶς ἀγαθὰ καὶ αὑτοῖς ἀγαθὰ εἶναι, αἱρεῖσθαι δὲ τὰ αὑτοῖς ἀγαθά. ὁ δʼ ἄδικος οὐκ ἀεὶ τὸ πλέον αἱρεῖται, ἀλλὰ καὶ τὸ ἔλαττον ἐπὶ τῶν ἁπλῶς κακῶν· ἀλλʼ ὅτι δοκεῖ καὶ τὸ μεῖον κακὸν ἀγαθόν πως εἶναι, τοῦ δʼ ἀγαθοῦ ἐστὶν ἡ πλεονεξία, διὰ τοῦτο δοκεῖ πλεονέκτης εἶναι. ἔστι δʼ ἄνισος· τοῦτο γὰρ περιέχει καὶ κοινόν.
Since the unjust person is grasping, he will be concerned with goods—not all goods, but those that good and bad fortune concern, which are always good without qualification, but not always good for a particular person. Human beings pray for these and pursue them; but they shouldn’t. They should pray that what is good without qualification will also be good for them, and choose what is good for them. The unjust person doesn’t always choose the larger share: in the case of things bad without qualification he chooses the smaller. But because the lesser evil too seems in a way to be good, and grasping is for the good, he seems to be grasping. He is unfair, since this includes both and is common to both.
ἐπεὶ δʼ ὁ παράνομος ἄδικος ἦν ὁ δὲ νόμιμος δίκαιος, δῆλον ὅτι πάντα τὰ νόμιμά ἐστί πως δίκαια· τά τε γὰρ ὡρισμένα ὑπὸ τῆς νομοθετικῆς νόμιμά ἐστι, καὶ ἕκαστον τούτων δίκαιον εἶναί φαμεν. οἱ δὲ νόμοι ἀγορεύουσι περὶ ἁπάντων, στοχαζόμενοι ἢ τοῦ κοινῇ συμφέροντος πᾶσιν ἢ τοῖς ἀρίστοις ἢ τοῖς κυρίοις κατʼ ἀρετὴν ἢ κατʼ ἄλλον τινὰ τρόπον τοιοῦτον· ὥστε ἕνα μὲν τρόπον δίκαια λέγομεν τὰ ποιητικὰ καὶ φυλακτικὰ εὐδαιμονίας καὶ τῶν μορίων αὐτῆς τῇ πολιτικῇ κοινωνίᾳ.
Since the lawless person was unjust and the law-abiding person just, clearly everything lawful is in a way just. For what is laid down by legislation is lawful, and we say that each of these things is just. The laws pronounce on everything, aiming at the common advantage of all, or of the best, or of those in power, whether on the basis of excellence or in some other such way. So in one way we call just whatever produces and preserves happiness and its parts for the political community.
προστάττει δʼ ὁ νόμος καὶ τὰ τοῦ ἀνδρείου ἔργα ποιεῖν, οἷον μὴ λείπειν τὴν τάξιν μηδὲ φεύγειν μηδὲ ῥιπτεῖν τὰ ὅπλα, καὶ τὰ τοῦ σώφρονος, οἷον μὴ μοιχεύειν μηδʼ ὑβρίζειν, καὶ τὰ τοῦ πράου, οἷον μὴ τύπτειν μηδὲ κακηγορεῖν, ὁμοίως δὲ καὶ κατὰ τὰς ἄλλας ἀρετὰς καὶ μοχθηρίας τὰ μὲν κελεύων τὰ δʼ ἀπαγορεύων, ὀρθῶς μὲν ὁ κείμενος ὀρθῶς, χεῖρον δʼ ὁ ἀπεσχεδιασμένος. αὕτη μὲν οὖν ἡ δικαιοσύνη ἀρετὴ μέν ἐστι τελεία, ἀλλʼ οὐχ ἁπλῶς ἀλλὰ πρὸς ἕτερον. καὶ διὰ τοῦτο πολλάκις κρατίστη τῶν ἀρετῶν εἶναι δοκεῖ ἡ δικαιοσύνη, καὶ οὔθʼ ἕσπερος οὔθʼ ἑῷος οὕτω θαυμαστός· καὶ παροιμιαζόμενοί φαμεν ἐν δὲ δικαιοσύνῃ συλλήβδην πᾶσʼ ἀρετὴ ἔνι καὶ τελεία μάλιστα ἀρετή, ὅτι τῆς τελείας ἀρετῆς χρῆσίς ἐστιν.
The law also commands us to do what a courageous person does—for example, not to desert our post, or run away, or throw down our arms; and what a moderate person does—for example, not to commit adultery or assault; and what a gentle person does—for example, not to strike or slander anyone; and similarly with the other excellences and vices, commanding some things and forbidding others. A correctly framed law does this correctly, a hastily improvised one less well. This justice, then, is complete excellence, though not without qualification, but in relation to another. And for this reason justice is often thought to be the greatest of the excellences, and “neither the evening nor the morning star is so wonderful”; and we say in the proverb, “In justice all excellence is summed up.” And it is complete excellence in the fullest sense, because it is the exercise of complete excellence.
τελεία δʼ ἐστίν, ὅτι ὁ ἔχων αὐτὴν καὶ πρὸς ἕτερον δύναται τῇ ἀρετῇ χρῆσθαι, ἀλλʼ οὐ μόνον καθʼ αὑτόν· πολλοὶ γὰρ ἐν μὲν τοῖς οἰκείοις τῇ ἀρετῇ δύνανται χρῆσθαι, ἐν δὲ τοῖς πρὸς ἕτερον ἀδυνατοῦσιν. 1130a καὶ διὰ τοῦτο εὖ δοκεῖ ἔχειν τὸ τοῦ Βίαντος, ὅτι ἀρχὴ ἄνδρα δείξει· πρὸς ἕτερον γὰρ καὶ ἐν κοινωνίᾳ ἤδη ὁ ἄρχων. διὰ δὲ τὸ αὐτὸ τοῦτο καὶ ἀλλότριον ἀγαθὸν δοκεῖ εἶναι ἡ δικαιοσύνη μόνη τῶν ἀρετῶν, ὅτι πρὸς ἕτερόν ἐστιν· ἄλλῳ γὰρ τὰ συμφέροντα πράττει, ἢ ἄρχοντι ἢ κοινωνῷ. κάκιστος μὲν οὖν ὁ καὶ πρὸς αὑτὸν καὶ πρὸς τοὺς φίλους χρώμενος τῇ μοχθηρίᾳ, ἄριστος δʼ οὐχ ὁ πρὸς αὑτὸν τῇ ἀρετῇ ἀλλὰ πρὸς ἕτερον· τοῦτο γὰρ ἔργον χαλεπόν.
It is complete because the person who has it can exercise his excellence toward another, and not only by himself; for many people can exercise excellence in their own affairs but are unable to in their dealings with another. 1130a And that is why the saying of Bias seems right, that “office will reveal the man,” since one who holds office is by that very fact related to others and in a community. For this same reason justice alone of the excellences is thought to be another’s good, because it is related to another: it does what benefits someone else, whether a ruler or a partner. The worst person, then, is the one who exercises his vice both toward himself and toward his friends; and the best is not the one who exercises his excellence toward himself, but the one who exercises it toward another, since that is a difficult task.
αὕτη μὲν οὖν ἡ δικαιοσύνη οὐ μέρος ἀρετῆς ἀλλʼ ὅλη ἀρετή ἐστιν, οὐδʼ ἡ ἐναντία ἀδικία μέρος κακίας ἀλλʼ ὅλη κακία. τί δὲ διαφέρει ἡ ἀρετὴ καὶ ἡ δικαιοσύνη αὕτη, δῆλον ἐκ τῶν εἰρημένων· ἔστι μὲν γὰρ ἡ αὐτή, τὸ δʼ εἶναι οὐ τὸ αὐτό, ἀλλʼ ᾗ μὲν πρὸς ἕτερον, δικαιοσύνη, ᾗ δὲ τοιάδε ἕξις ἁπλῶς, ἀρετή.
This justice, then, is not a part of excellence but the whole of excellence, and the injustice opposed to it is not a part of vice but the whole of vice. What the difference is between excellence and this justice is clear from what has been said: they are the same state, but what it is to be each is not the same. Insofar as it is related to another, it is justice; insofar as it is a certain kind of state without qualification, it is excellence.
Particular justice
Aristotle identifies a particular justice concerned with fair shares and divides it into kinds.
ζητοῦμεν δέ γε τὴν ἐν μέρει ἀρετῆς δικαιοσύνην· ἔστι γάρ τις, ὡς φαμέν. ὁμοίως δὲ καὶ περὶ ἀδικίας τῆς κατὰ μέρος. σημεῖον δʼ ὅτι ἔστιν· κατὰ μὲν γὰρ τὰς ἄλλας μοχθηρίας ὁ ἐνεργῶν ἀδικεῖ μέν, πλεονεκτεῖ δʼ οὐδέν, οἷον ὁ ῥίψας τὴν ἀσπίδα διὰ δειλίαν ἢ κακῶς εἰπὼν διὰ χαλεπότητα ἢ οὐ βοηθήσας χρήμασι διʼ ἀνελευθερίαν· ὅταν δὲ πλεονεκτῇ, πολλάκις κατʼ οὐδεμίαν τῶν τοιούτων, ἀλλὰ μὴν οὐδὲ κατὰ πάσας, κατὰ πονηρίαν δέ γε τινά (ψέγομεν γάρ) καὶ κατʼ ἀδικίαν. ἔστιν ἄρʼ ἄλλη τις ἀδικία ὡς μέρος τῆς ὅλης, καὶ ἄδικόν τι ἐν μέρει τοῦ ὅλου ἀδίκου τοῦ παρὰ τὸν νόμον.
But what we are looking for is the justice that is a part of excellence—for there is such a thing, as we say—and likewise the injustice that is a part of vice. Here is a sign that it exists. Someone who acts in accordance with the other vices does wrong, but does not grasp for more than his share: for example, a man who throws away his shield out of cowardice, or speaks abusively out of bad temper, or fails to help a friend with money out of stinginess. But when someone does grasp for more, it is often in accordance with none of these vices—and certainly not all of them—and yet it is in accordance with some kind of wickedness (for we blame him), namely injustice. So there is another kind of injustice, a part of injustice as a whole, and something unjust that is a part of the whole unjust, the unjust that is contrary to law.
ἔτι εἰ ὃ μὲν τοῦ κερδαίνειν ἕνεκα μοιχεύει καὶ προσλαμβάνων, ὃ δὲ προστιθεὶς καὶ ζημιούμενος διʼ ἐπιθυμίαν, οὗτος μὲν ἀκόλαστος δόξειεν ἂν εἶναι μᾶλλον ἢ πλεονέκτης, ἐκεῖνος δʼ ἄδικος, ἀκόλαστος δʼ οὔ· δῆλον ἄρα ὅτι διὰ τὸ κερδαίνειν. ἔτι περὶ μὲν τἆλλα πάντα ἀδικήματα γίνεται ἡ ἐπαναφορὰ ἐπί τινα μοχθηρίαν ἀεί, οἷον εἰ ἐμοίχευσεν, ἐπʼ ἀκολασίαν, εἰ ἐγκατέλιπε τὸν παραστάτην, ἐπὶ δειλίαν, εἰ ἐπάταξεν, ἐπʼ ὀργήν· εἰ δʼ ἐκέρδανεν, ἐπʼ οὐδεμίαν μοχθηρίαν ἀλλʼ ἢ ἐπʼ ἀδικίαν.
Again, suppose one man commits adultery for profit and makes money by it, while another does so because of appetite, spending money and losing by it. The second would seem to be self-indulgent rather than grasping, the first unjust but not self-indulgent. Clearly, then, it is because of the profit. Again, all other wrongful acts are always traced back to some particular vice: if someone committed adultery, to self-indulgence; if he deserted his comrade in the battle line, to cowardice; if he struck someone, to anger. But if he made a profit, it is traced back to no vice other than injustice.
ὥστε φανερὸν ὅτι ἔστι τις ἀδικία παρὰ τὴν ὅλην ἄλλη ἐν μέρει, συνώνυμος, ὅτι ὁ ὁρισμὸς ἐν τῷ αὐτῷ γένει· 1130b ἄμφω γὰρ ἐν τῷ πρὸς ἕτερον ἔχουσι τὴν δύναμιν, ἀλλʼ ἣ μὲν περὶ τιμὴν ἢ χρήματα ἢ σωτηρίαν, ἢ εἴ τινι ἔχοιμεν ἑνὶ ὀνόματι περιλαβεῖν ταῦτα πάντα, καὶ διʼ ἡδονὴν τὴν ἀπὸ τοῦ κέρδους, ἣ δὲ περὶ ἅπαντα περὶ ὅσα ὁ σπουδαῖος.
So it is evident that besides injustice as a whole there is another, particular injustice, which shares its name, because its definition falls within the same genus: 1130b both have their force in relation to another person. But the one is concerned with honor, or money, or safety—or whatever single name we might have that would cover all of these—and is motivated by the pleasure that comes from gain, while the other is concerned with everything that the excellent person is concerned with.
ὅτι μὲν οὖν εἰσὶν αἱ δικαιοσύναι πλείους, καὶ ὅτι ἔστι τις καὶ ἑτέρα παρὰ τὴν ὅλην ἀρετήν, δῆλον· τίς δὲ καὶ ποία τις, ληπτέον. διώρισται δὴ τὸ ἄδικον τό τε παράνομον καὶ τὸ ἄνισον, τὸ δὲ δίκαιον τό τε νόμιμον καὶ τὸ ἴσον. κατὰ μὲν οὖν τὸ παράνομον ἡ πρότερον εἰρημένη ἀδικία ἐστίν. ἐπεὶ δὲ τὸ ἄνισον καὶ τὸ παράνομον οὐ ταὐτὸν ἀλλʼ ἕτερον ὡς μέρος πρὸς ὅλον (τὸ μὲν γὰρ ἄνισον ἅπαν παράνομον, τὸ δὲ παράνομον οὐχ ἅπαν ἄνισον), καὶ τὸ ἄδικον καὶ ἡ ἀδικία οὐ ταὐτὰ ἀλλʼ ἕτερα ἐκείνων, τὰ μὲν ὡς μέρη τὰ δʼ ὡς ὅλα· μέρος γὰρ αὕτη ἡ ἀδικία τῆς ὅλης ἀδικίας, ὁμοίως δὲ καὶ ἡ δικαιοσύνη τῆς δικαιοσύνης.
It is clear, then, that there is more than one kind of justice, and that there is one distinct from the justice that is the whole of excellence. We must now grasp what it is and what sort of thing it is. The unjust has been divided into the unlawful and the unequal, and the just into the lawful and the equal. The injustice described earlier corresponds to the unlawful. But the unequal and the unlawful are not the same; they differ as part from whole (everything unequal is unlawful, but not everything unlawful is unequal). So too the unjust and injustice in the present sense are not the same as in that sense, but differ from them, as parts from wholes. For this injustice is a part of injustice as a whole, and likewise this justice is a part of justice as a whole.
ὥστε καὶ περὶ τῆς ἐν μέρει δικαιοσύνης καὶ περὶ τῆς ἐν μέρει ἀδικίας λεκτέον, καὶ τοῦ δικαίου καὶ ἀδίκου ὡσαύτως. ἡ μὲν οὖν κατὰ τὴν ὅλην ἀρετὴν τεταγμένη δικαιοσύνη καὶ ἀδικία, ἣ μὲν τῆς ὅλης ἀρετῆς οὖσα χρῆσις πρὸς ἄλλον ἣ δὲ τῆς κακίας, ἀφείσθω. καὶ τὸ δίκαιον δὲ καὶ τὸ ἄδικον τὸ κατὰ ταύτας φανερὸν ὡς διοριστέον· σχεδὸν γὰρ τὰ πολλὰ τῶν νομίμων τὰ ἀπὸ τῆς ὅλης ἀρετῆς προσταττόμενά ἐστιν· καθʼ ἑκάστην γὰρ ἀρετὴν προστάττει ζῆν καὶ καθʼ ἑκάστην μοχθηρίαν κωλύει ὁ νόμος. τὰ δὲ ποιητικὰ τῆς ὅλης ἀρετῆς ἐστὶ τῶν νομίμων ὅσα νενομοθέτηται περὶ παιδείαν τὴν πρὸς τὸ κοινόν.
So we must discuss particular justice and particular injustice, and in the same way the just and the unjust in this sense. Let us set aside, then, the justice and injustice that correspond to excellence as a whole—the one being the exercise of excellence as a whole toward another person, the other the exercise of vice as a whole. It is also evident how the just and the unjust that correspond to these are to be marked out. For, roughly speaking, most lawful acts are those prescribed on the basis of excellence as a whole: the law commands us to live in accordance with each excellence and forbids us to live in accordance with each vice. And what produces excellence as a whole are those lawful measures that have been enacted concerning education for life in the community.
περὶ δὲ τῆς καθʼ ἕκαστον παιδείας, καθʼ ἣν ἁπλῶς ἀνὴρ ἀγαθός ἐστι, πότερον τῆς πολιτικῆς ἐστὶν ἢ ἑτέρας, ὕστερον διοριστέον· οὐ γὰρ ἴσως ταὐτὸν ἀνδρί τʼ ἀγαθῷ εἶναι καὶ πολίτῃ παντί. τῆς δὲ κατὰ μέρος δικαιοσύνης καὶ τοῦ κατʼ αὐτὴν δικαίου ἓν μέν ἐστιν εἶδος τὸ ἐν ταῖς διανομαῖς τιμῆς ἢ χρημάτων ἢ τῶν ἄλλων ὅσα μεριστὰ τοῖς κοινωνοῦσι τῆς πολιτείας (ἐν τούτοις γὰρ ἔστι καὶ ἄνισον ἔχειν καὶ ἴσον ἕτερον ἑτέρου), 1131a ἓν δὲ τὸ ἐν τοῖς συναλλάγμασι διορθωτικόν.
As for the education of the individual, which makes someone a good man without qualification, we must determine later whether it belongs to political science or to some other discipline; for perhaps being a good man is not the same as being a good citizen of every city. Of particular justice, and of what is just in its sense, one kind is found in distributions of honor or money or anything else that can be divided among those who share in the political community (for in these it is possible for one person to have a share unequal or equal to another’s); 1131a another kind is corrective, in transactions.
τούτου δὲ μέρη δύο· τῶν γὰρ συναλλαγμάτων τὰ μὲν ἑκούσιά ἐστι τὰ δʼ ἀκούσια, ἑκούσια μὲν τὰ τοιάδε οἷον πρᾶσις ὠνὴ δανεισμὸς ἐγγύη χρῆσις παρακαταθήκη μίσθωσις (ἑκούσια δὲ λέγεται, ὅτι ἡ ἀρχὴ τῶν συναλλαγμάτων τούτων ἑκούσιος), τῶν δʼ ἀκουσίων τὰ μὲν λαθραῖα, οἷον κλοπὴ μοιχεία φαρμακεία προαγωγεία δουλαπατία δολοφονία ψευδομαρτυρία, τὰ δὲ βίαια, οἷον αἰκία δεσμὸς θάνατος ἁρπαγὴ πήρωσις κακηγορία προπηλακισμός.
This second kind has two parts, since some transactions are voluntary and others involuntary. The voluntary ones are such things as sale, purchase, lending at interest, giving security, lending for use, deposit, and hire (they are called voluntary because the origin of these transactions is voluntary). Of the involuntary ones, some are clandestine—theft, adultery, poisoning, procuring, enticing away slaves, assassination, false witness—and others are violent—assault, imprisonment, murder, robbery with violence, maiming, verbal abuse, and insulting treatment.
Distributive justice
Aristotle explains that distributive justice assigns shares in proportion to merit.
ἐπεὶ δʼ ὅ τʼ ἄδικος ἄνισος καὶ τὸ ἄδικον ἄνισον, δῆλον ὅτι καὶ μέσον τι ἔστι τοῦ ἀνίσου. τοῦτο δʼ ἐστὶ τὸ ἴσον· ἐν ὁποίᾳ γὰρ πράξει ἔστι τὸ πλέον καὶ τὸ ἔλαττον, ἔστι καὶ τὸ ἴσον. εἰ οὖν τὸ ἄδικον ἄνισον, τὸ δίκαιον ἴσον· ὅπερ καὶ ἄνευ λόγου δοκεῖ πᾶσιν. ἐπεὶ δὲ τὸ ἴσον μέσον, τὸ δίκαιον μέσον τι ἂν εἴη. ἔστι δὲ τὸ ἴσον ἐν ἐλαχίστοις δυσίν. ἀνάγκη τοίνυν τὸ δίκαιον μέσον τε καὶ ἴσον εἶναι καὶ πρός τι καὶ τισίν, καὶ ᾗ μὲν μέσον, τινῶν (ταῦτα δʼ ἐστὶ πλεῖον καὶ ἔλαττον), ᾗ δʼ ἴσον, δυοῖν, ᾗ δὲ δίκαιον, τισίν. ἀνάγκη ἄρα τὸ δίκαιον ἐν ἐλαχίστοις εἶναι τέτταρσιν· οἷς τε γὰρ δίκαιον τυγχάνει ὄν, δύο ἐστί, καὶ ἐν οἷς, τὰ πράγματα, δύο.
Since the unjust person is unequal and the unjust is unequal, there is clearly also some midpoint of the unequal. This is the equal: for in any action where there is a more and a less, there is also an equal. If, then, the unjust is unequal, the just is equal—which everyone believes even without argument. And since the equal is a mean, the just would be a kind of mean. The equal involves at least two things. So the just must be both a mean and equal, and also relative to something and for certain people. As a mean, it is between certain things (namely, more and less); as equal, it involves two things; and as just, it is for certain people. The just, then, must involve at least four terms: the persons for whom it is just are two, and the things in which it consists—the goods in question—are two.
καὶ ἡ αὐτὴ ἔσται ἰσότης, οἷς καὶ ἐν οἷς· ὡς γὰρ ἐκεῖνα ἔχει, τὰ ἐν οἷς, οὕτω κἀκεῖνα ἔχει· εἰ γὰρ μὴ ἴσοι, οὐκ ἴσα ἕξουσιν, ἀλλʼ ἐντεῦθεν αἱ μάχαι καὶ τὰ ἐγκλήματα, ὅταν ἢ μὴ ἴσα ἴσοι ἢ μὴ ἴσοι ἴσα ἔχωσι καὶ νέμωνται. ἔτι ἐκ τοῦ κατʼ ἀξίαν τοῦτο δῆλον· τὸ γὰρ δίκαιον ἐν ταῖς νομαῖς ὁμολογοῦσι πάντες κατʼ ἀξίαν τινὰ δεῖν εἶναι, τὴν μέντοι ἀξίαν οὐ τὴν αὐτὴν λέγουσι πάντες ὑπάρχειν, ἀλλʼ οἱ μὲν δημοκρατικοὶ ἐλευθερίαν, οἱ δʼ ὀλιγαρχικοὶ πλοῦτον, οἳ δʼ εὐγένειαν, οἱ δʼ ἀριστοκρατικοὶ ἀρετήν. ἔστιν ἄρα τὸ δίκαιον ἀνάλογόν τι. τὸ γὰρ ἀνάλογον οὐ μόνον ἐστὶ μοναδικοῦ ἀριθμοῦ ἴδιον, ἀλλʼ ὅλως ἀριθμοῦ· ἡ γὰρ ἀναλογία ἰσότης ἐστὶ λόγων, καὶ ἐν τέτταρσιν ἐλαχίστοις.
And the equality will be the same for the persons as for the things: as the things stand to each other, so the persons stand. If the persons are not equal, they will not have equal shares; this is the source of quarrels and complaints—when equals have or are assigned unequal shares, or unequals equal ones. This is also clear from the principle of distribution according to worth. Everyone agrees that what is just in distributions must accord with worth of some kind, but not everyone means the same kind of worth: democrats mean free birth, oligarchs wealth, others good birth, and aristocrats excellence. The just, then, is something proportional. For proportion is a property not only of numbers made up of units, but of number in general: proportion is an equality of ratios, and involves at least four terms.
ἡ μὲν οὖν διῃρημένη ὅτι ἐν τέτταρσι, δῆλον. ἀλλὰ καὶ ἡ συνεχής· τῷ γὰρ ἑνὶ ὡς δυσὶ χρῆται καὶ δὶς λέγει, 1131b οἷον ὡς ἡ τοῦ α πρὸς τὴν τοῦ β, οὕτως ἡ τοῦ β πρὸς τὴν τοῦ γ. δὶς οὖν ἡ τοῦ β εἴρηται· ὥστʼ ἐὰν ἡ τοῦ β τεθῇ δίς, τέτταρα ἔσται τὰ ἀνάλογα. ἔστι δὲ καὶ τὸ δίκαιον ἐν τέτταρσιν ἐλαχίστοις, καὶ ὁ λόγος ὁ αὐτός· διῄρηται γὰρ ὁμοίως οἷς τε καὶ ἅ. ἔσται ἄρα ὡς ὁ α ὅρος πρὸς τὸν β, οὕτως ὁ γ πρὸς τὸν δ, καὶ ἐναλλὰξ ἄρα, ὡς ὁ α πρὸς τὸν γ, ὁ β πρὸς τὸν δ. ὥστε καὶ τὸ ὅλον πρὸς τὸ ὅλον· ὅπερ ἡ νομὴ συνδυάζει, κἂν οὕτω συντεθῇ, δικαίως συνδυάζει.
That discrete proportion involves four terms is clear. But so does continuous proportion, since it uses one term as two and states it twice: 1131b for example, as line A is to line B, so B is to C. B has been stated twice, so if B is posited twice, the proportional terms will be four. The just, too, involves at least four terms, and the ratio is the same, since the persons and the things are divided in the same way. So as term A is to B, so C will be to D; and therefore, alternating, as A is to C, so B is to D. Hence the whole also stands to the whole in the same ratio. This is the pairing the distribution makes, and if the terms are combined in this way, it pairs them justly.
ἡ ἄρα τοῦ α ὅρου τῷ γ καὶ ἡ τοῦ β τῷ δ σύζευξις τὸ ἐν διανομῇ δίκαιόν ἐστι, καὶ μέσον τὸ δίκαιον τοῦτʼ ἐστί, τὸ δʼ ἄδικον τὸ παρὰ τὸ ἀνάλογον· τὸ γὰρ ἀνάλογον μέσον, τὸ δὲ δίκαιον ἀνάλογον. καλοῦσι δὲ τὴν τοιαύτην ἀναλογίαν γεωμετρικὴν οἱ μαθηματικοί· ἐν γὰρ τῇ γεωμετρικῇ συμβαίνει καὶ τὸ ὅλον πρὸς τὸ ὅλον ὅπερ ἑκάτερον πρὸς ἑκάτερον. ἔστι δʼ οὐ συνεχὴς αὕτη ἡ ἀναλογία· οὐ γὰρ γίνεται εἷς ἀριθμῷ ὅρος, ᾧ καὶ ὅ. τὸ μὲν οὖν δίκαιον τοῦτο, τὸ ἀνάλογον· τὸ δʼ ἄδικον τὸ παρὰ τὸ ἀνάλογον. γίνεται ἄρα τὸ μὲν πλέον τὸ δʼ ἔλαττον, ὅπερ καὶ ἐπὶ τῶν ἔργων συμβαίνει· ὁ μὲν γὰρ ἀδικῶν πλέον ἔχει, ὁ δʼ ἀδικούμενος ἔλαττον τοῦ ἀγαθοῦ.
The conjunction of term A with C and of B with D, then, is what is just in distribution. This just is a mean, and the unjust is what violates the proportion; for the proportional is a mean, and the just is proportional. Mathematicians call this kind of proportion geometrical, since in geometrical proportion it follows that the whole is to the whole as each term is to its counterpart. But this proportion is not continuous, since no single term numerically serves as both person and thing. This, then, is the just: the proportional. The unjust is what violates the proportion. So one share becomes too great and the other too small—which is exactly what happens in practice: the person who does wrong has too much of the good, and the person wronged too little.
ἐπὶ δὲ τοῦ κακοῦ ἀνάπαλιν· ἐν ἀγαθοῦ γὰρ λόγῳ γίνεται τὸ ἔλαττον κακὸν πρὸς τὸ μεῖζον κακόν· ἔστι γὰρ τὸ ἔλαττον κακὸν μᾶλλον αἱρετὸν τοῦ μείζονος, τὸ δʼ αἱρετὸν ἀγαθόν, καὶ τὸ μᾶλλον μεῖζον. τὸ μὲν οὖν ἓν εἶδος τοῦ δικαίου τοῦτʼ ἐστίν.
With what is bad it is the reverse: the lesser evil counts as a good compared with the greater evil, since the lesser evil is more choiceworthy than the greater, and what is choiceworthy is good, and what is more choiceworthy is a greater good. This, then, is one kind of the just.
Corrective justice
Aristotle explains that corrective justice restores equality between parties to a transaction.
τὸ δὲ λοιπὸν ἓν τὸ διορθωτικόν, ὃ γίνεται ἐν τοῖς συναλλάγμασι καὶ τοῖς ἑκουσίοις καὶ τοῖς ἀκουσίοις. τοῦτο δὲ τὸ δίκαιον ἄλλο εἶδος ἔχει τοῦ πρότερον. τὸ μὲν γὰρ διανεμητικὸν δίκαιον τῶν κοινῶν ἀεὶ κατὰ τὴν ἀναλογίαν ἐστὶ τὴν εἰρημένην· καὶ γὰρ ἀπὸ χρημάτων κοινῶν ἐὰν γίνηται ἡ διανομή, ἔσται κατὰ τὸν λόγον τὸν αὐτὸν ὅνπερ ἔχουσι πρὸς ἄλληλα τὰ εἰσενεχθέντα· καὶ τὸ ἄδικον τὸ ἀντικείμενον τῷ δικαίῳ τούτῳ τὸ παρὰ τὸ ἀνάλογόν ἐστιν. τὸ δʼ ἐν τοῖς συναλλάγμασι δίκαιον ἐστὶ μὲν ἴσον τι, καὶ τὸ ἄδικον ἄνισον, 1132a ἀλλʼ οὐ κατὰ τὴν ἀναλογίαν ἐκείνην ἀλλὰ κατὰ τὴν ἀριθμητικήν.
The one remaining kind is the corrective, which arises in transactions, both voluntary and involuntary. This kind of just has a different form from the previous one. The just that distributes common goods always accords with the proportion we have described: even when the distribution is made from common funds, it will follow the same ratio as the contributions bear to one another; and the unjust that is opposed to this kind of just is what violates the proportion. The just in transactions, on the other hand, is a kind of equality, and the unjust a kind of inequality, 1132a but not according to that proportion—rather according to arithmetical proportion.
οὐδὲν γὰρ διαφέρει, εἰ ἐπιεικὴς φαῦλον ἀπεστέρησεν ἢ φαῦλος ἐπιεικῆ, οὐδʼ εἰ ἐμοίχευσεν ἐπιεικὴς ἢ φαῦλος· ἀλλὰ πρὸς τοῦ βλάβους τὴν διαφορὰν μόνον βλέπει ὁ νόμος, καὶ χρῆται ὡς ἴσοις, εἰ ὃ μὲν ἀδικεῖ ὃ δʼ ἀδικεῖται, καὶ εἰ ἔβλαψεν ὃ δὲ βέβλαπται. ὥστε τὸ ἄδικον τοῦτο ἄνισον ὂν ἰσάζειν πειρᾶται ὁ δικαστής· καὶ γὰρ ὅταν ὃ μὲν πληγῇ ὃ δὲ πατάξῃ, ἢ καὶ κτείνῃ ὃ δʼ ἀποθάνῃ, διῄρηται τὸ πάθος καὶ ἡ πρᾶξις εἰς ἄνισα· ἀλλὰ πειρᾶται τῇ ζημίᾳ ἰσάζειν, ἀφαιρῶν τοῦ κέρδους. λέγεται γὰρ ὡς ἁπλῶς εἰπεῖν ἐπὶ τοῖς τοιούτοις, κἂν εἰ μή τισιν οἰκεῖον ὄνομα εἴη, τὸ κέρδος, οἷον τῷ πατάξαντι, καὶ ἡ ζημία τῷ παθόντι· ἀλλʼ ὅταν γε μετρηθῇ τὸ πάθος, καλεῖται τὸ μὲν ζημία τὸ δὲ κέρδος.
For it makes no difference whether a decent person has defrauded a bad one or a bad person a decent one, nor whether it was a decent or a bad person who committed adultery. The law looks only at the difference made by the harm, and treats the parties as equals, asking only whether one did wrong and the other was wronged, and whether one inflicted harm and the other suffered it. So the judge tries to equalize this unjust thing, since it is unequal. When one person is struck and the other strikes, or when one kills and the other dies, the suffering and the action have been divided into unequal parts; but the judge tries to equalize them by means of the penalty, taking away from the gain. For in such cases the term “gain” is used, speaking generally—even if it isn’t the appropriate word in some cases, for instance for the person who struck the blow—and “loss” for the one who suffered. At any rate, once the suffering has been measured, one side is called loss and the other gain.
ὥστε τοῦ μὲν πλείονος καὶ ἐλάττονος τὸ ἴσον μέσον, τὸ δὲ κέρδος καὶ ἡ ζημία τὸ μὲν πλέον τὸ δʼ ἔλαττον ἐναντίως, τὸ μὲν τοῦ ἀγαθοῦ πλέον τοῦ κακοῦ δʼ ἔλαττον κέρδος, τὸ δʼ ἐναντίον ζημία· ὧν ἦν μέσον τὸ ἴσον, ὃ λέγομεν εἶναι δίκαιον· ὥστε τὸ ἐπανορθωτικὸν δίκαιον ἂν εἴη τὸ μέσον ζημίας καὶ κέρδους. διὸ καὶ ὅταν ἀμφισβητῶσιν, ἐπὶ τὸν δικαστὴν καταφεύγουσιν· τὸ δʼ ἐπὶ τὸν δικαστὴν ἰέναι ἰέναι ἐστὶν ἐπὶ τὸ δίκαιον· ὁ γὰρ δικαστὴς βούλεται εἶναι οἷον δίκαιον ἔμψυχον· καὶ ζητοῦσι δικαστὴν μέσον, καὶ καλοῦσιν ἔνιοι μεσιδίους, ὡς ἐὰν τοῦ μέσου τύχωσι, τοῦ δικαίου τευξόμενοι. μέσον ἄρα τι τὸ δίκαιον, εἴπερ καὶ ὁ δικαστής.
So the equal is a mean between the more and the less, while gain and loss are more and less in opposite ways: more of the good and less of the bad is gain, and the opposite is loss. The mean between them, as we saw, is the equal, which we say is just. So the corrective just would be the mean between loss and gain. That is why, when people are in dispute, they take refuge with a judge; and going to the judge is going to the just, since the judge means to be, as it were, justice ensouled. People seek a judge who is in the middle, and some call judges “mediators,” on the thought that if they hit on the mean they will obtain what is just. The just, then, is a kind of mean, since the judge is too.
ὁ δὲ δικαστὴς ἐπανισοῖ, καὶ ὥσπερ γραμμῆς εἰς ἄνισα τετμημένης, ᾧ τὸ μεῖζον τμῆμα τῆς ἡμισείας ὑπερέχει, τοῦτʼ ἀφεῖλε καὶ τῷ ἐλάττονι τμήματι προσέθηκεν. ὅταν δὲ δίχα διαιρεθῇ τὸ ὅλον, τότε φασὶν ἔχειν τὸ αὑτοῦ ὅταν λάβωσι τὸ ἴσον. τὸ δʼ ἴσον μέσον ἐστὶ τῆς μείζονος καὶ ἐλάττονος κατὰ τὴν ἀριθμητικὴν ἀναλογίαν. διὰ τοῦτο καὶ ὀνομάζεται δίκαιον, ὅτι δίχα ἐστίν, ὥσπερ ἂν εἴ τις εἴποι δίχαιον, καὶ ὁ δικαστὴς διχαστής. ἐπὰν γὰρ δύο ἴσων ἀφαιρεθῇ ἀπὸ θατέρου, πρὸς θάτερον δὲ προστεθῇ, δυσὶ τούτοις ὑπερέχει θάτερον· εἰ γὰρ ἀφῃρέθη μέν, μὴ προσετέθη δέ, ἑνὶ ἂν μόνον ὑπερεῖχεν. 1132b τοῦ μέσου ἄρα ἑνί, καὶ τὸ μέσον, ἀφʼ οὗ ἀφῃρέθη, ἑνί.
The judge restores equality. It is as though a line had been cut into unequal parts: he takes away the amount by which the larger segment exceeds the half and adds it to the smaller segment. And when the whole has been divided into two halves, people say they “have what is their own,” when they get what is equal. The equal is a mean between the greater and the lesser according to arithmetical proportion. This is also why it is called dikaion (just): because it is dicha (in two), as if one were to say dichaion; and the judge (dikastēs) is a dichastēs, a divider. For when something is taken from one of two equal quantities and added to the other, the other exceeds the first by twice that amount; if it had been taken from the one but not added to the other, the other would exceed it by that amount only. 1132b So the larger exceeds the mean by one such amount, and the mean exceeds the one from which something was taken by one such amount.
τούτῳ ἄρα γνωριοῦμεν τί τε ἀφελεῖν δεῖ ἀπὸ τοῦ πλέον ἔχοντος, καὶ τί προσθεῖναι τῷ ἔλαττον ἔχοντι· ᾧ μὲν γὰρ τὸ μέσον ὑπερέχει, τοῦτο προσθεῖναι δεῖ τῷ ἔλαττον ἔχοντι, ᾧ δʼ ὑπερέχεται, ἀφελεῖν ἀπὸ τοῦ μεγίστου. ἴσαι αἱ ἐφʼ ὧν αα ββ γγ ἀλλήλαις· ἀπὸ τῆς αα ἀφῃρήσθω τὸ αε, καὶ προσκείσθω τῇ γγ τὸ ἐφʼ ᾧ γδ, ὥστε ὅλη ἡ δγγ τῆς εα ὑπερέχει τῷ γδ καὶ τῷ γζ· τῆς ἄρα ββ τῷ γδ. ἔστι δὲ τοῦτο καὶ ἐπὶ τῶν ἄλλων τεχνῶν· ἀνῃροῦντο γὰρ ἄν, εἰ μὴ ἐποίει τὸ ποιοῦν καὶ ὅσον καὶ οἷον, καὶ τὸ πάσχον ἔπασχε τοῦτο καὶ τοσοῦτον καὶ τοιοῦτον.
By this, then, we shall recognize what must be taken from the one who has more and what must be added to the one who has less: the amount by which the mean exceeds the lesser must be added to the one who has less, and the amount by which the mean is exceeded must be taken from the greatest. Let the lines AA, BB, and CC be equal to one another. From AA let AE be taken away, and to CC let CD be added, so that the whole line DCC exceeds EA by CD and CZ; therefore it exceeds BB by CD. This holds in the other crafts too: they would be destroyed if what the producer produced, in quantity and quality, were not matched by what the recipient received, of that amount and of that kind.
ἐλήλυθε δὲ τὰ ὀνόματα ταῦτα, ἥ τε ζημία καὶ τὸ κέρδος, ἐκ τῆς ἑκουσίου ἀλλαγῆς· τὸ μὲν γὰρ πλέον ἔχειν ἢ τὰ αὑτοῦ κερδαίνειν λέγεται, τὸ δʼ ἔλαττον τῶν ἐξ ἀρχῆς ζημιοῦσθαι, οἷον ἐν τῷ ὠνεῖσθαι καὶ πωλεῖν καὶ ἐν ὅσοις ἄλλοις ἄδειαν δέδωκεν ὁ νόμος· ὅταν δὲ μήτε πλέον μήτʼ ἔλαττον ἀλλʼ αὐτὰ τὰ διʼ αὐτῶν γένηται, τὰ αὑτῶν φασὶν ἔχειν καὶ οὔτε ζημιοῦσθαι οὔτε κερδαίνειν. ὥστε κέρδους τινὸς καὶ ζημίας μέσον τὸ δίκαιόν ἐστι τῶν παρὰ τὸ ἑκούσιον, τὸ ἴσον ἔχειν καὶ πρότερον καὶ ὕστερον.
These terms, “loss” and “gain,” have come from voluntary exchange. Having more than one’s own is called gaining, and having less than one started with is called losing—as in buying and selling, and in all other dealings in which the law has granted freedom. But when people end up with neither more nor less, but with just what they had, through the exchange itself, they say they have what is their own and neither lose nor gain. So the just is a mean between a kind of gain and a kind of loss in transactions that are not voluntary: it is having an equal amount both before and after.
Reciprocity and money
Aristotle discusses reciprocity in exchange and how money makes goods commensurable.
δοκεῖ δέ τισι καὶ τὸ ἀντιπεπονθὸς εἶναι ἁπλῶς δίκαιον, ὥσπερ οἱ Πυθαγόρειοι ἔφασαν· ὡρίζοντο γὰρ ἁπλῶς τὸ δίκαιον τὸ ἀντιπεπονθὸς ἄλλῳ. τὸ δʼ ἀντιπεπονθὸς οὐκ ἐφαρμόττει οὔτʼ ἐπὶ τὸ νεμητικὸν δίκαιον οὔτʼ ἐπὶ τὸ διορθωτικόν—καίτοι βούλονταί γε τοῦτο λέγειν καὶ τὸ Ῥαδαμάνθυος δίκαιον· εἴ κε πάθοι τά τʼ ἔρεξε, δίκη κʼ ἰθεῖα γένοιτο —πολλαχοῦ γὰρ διαφωνεῖ· οἷον εἰ ἀρχὴν ἔχων ἐπάταξεν, οὐ δεῖ ἀντιπληγῆναι, καὶ εἰ ἄρχοντα ἐπάταξεν, οὐ πληγῆναι μόνον δεῖ ἀλλὰ καὶ κολασθῆναι. ἔτι τὸ ἑκούσιον καὶ τὸ ἀκούσιον διαφέρει πολύ. ἀλλʼ ἐν μὲν ταῖς κοινωνίαις ταῖς ἀλλακτικαῖς συνέχει τὸ τοιοῦτον δίκαιον, τὸ ἀντιπεπονθὸς κατʼ ἀναλογίαν καὶ μὴ κατʼ ἰσότητα. τῷ ἀντιποιεῖν γὰρ ἀνάλογον συμμένει ἡ πόλις.
Some people think that reciprocity is simply what is just, as the Pythagoreans said; for they defined the just simply as suffering in return what one has done to another. But reciprocity fits neither distributive justice nor corrective justice—even though people want to read this into the justice of Rhadamanthys: “If a man should suffer what he did, straight justice would be done”—for in many cases the two conflict. For example, if an official strikes someone, he should not be struck in return; and if someone strikes an official, he should not only be struck but punished as well. Further, the voluntary and the involuntary make a great difference. But in communities of exchange this kind of justice does hold people together—reciprocity in accordance with proportion, not with equality. For it is by proportional reciprocal action that the city holds together.
ἢ γὰρ τὸ κακῶς ζητοῦσιν· 1133a εἰ δὲ μή, δουλεία δοκεῖ εἶναι εἰ μὴ ἀντιποιήσει· ἢ τὸ εὖ· εἰ δὲ μή, μετάδοσις οὐ γίνεται, τῇ μεταδόσει δὲ συμμένουσιν. διὸ καὶ Χαρίτων ἱερὸν ἐμποδὼν ποιοῦνται, ἵνʼ ἀνταπόδοσις ᾖ· τοῦτο γὰρ ἴδιον χάριτος· ἀνθυπηρετῆσαι γὰρ δεῖ τῷ χαρισαμένῳ, καὶ πάλιν αὐτὸν ἄρξαι χαριζόμενον. ποιεῖ δὲ τὴν ἀντίδοσιν τὴν κατʼ ἀναλογίαν ἡ κατὰ διάμετρον σύζευξις. οἰκοδόμος ἐφʼ ᾧ α, σκυτοτόμος ἐφʼ ᾧ β, οἰκία ἐφʼ ᾧ γ, ὑπόδημα ἐφʼ ᾧ δ. δεῖ οὖν λαμβάνειν τὸν οἰκοδόμον παρὰ τοῦ σκυτοτόμου τὸ ἐκείνου ἔργον, καὶ αὐτὸν ἐκείνῳ μεταδιδόναι τὸ αὑτοῦ. ἐὰν οὖν πρῶτον ᾖ τὸ κατὰ τὴν ἀναλογίαν ἴσον, εἶτα τὸ ἀντιπεπονθὸς γένηται, ἔσται τὸ λεγόμενον.
People seek to return either harm for harm— 1133a otherwise it seems like slavery, if one is not to retaliate—or good for good; otherwise there is no exchange, and it is through exchange that they hold together. That is why people set up a shrine of the Graces in a prominent place, so that there may be repayment; for this is the special mark of grace: one should serve in return someone who has done one a favor, and in turn take the lead in doing a favor oneself. Proportional exchange is brought about by cross-conjunction. Let A be a builder, B a shoemaker, C a house, and D a shoe. The builder must get from the shoemaker the shoemaker’s product, and give him his own in return. If, then, there is first proportional equality, and then reciprocity takes place, the result we described will follow.
εἰ δὲ μή, οὐκ ἴσον, οὐδὲ συμμένει· οὐθὲν γὰρ κωλύει κρεῖττον εἶναι τὸ θατέρου ἔργον ἢ τὸ θατέρου· δεῖ οὖν ταῦτα ἰσασθῆναι. ἔστι δὲ τοῦτο καὶ ἐπὶ τῶν ἄλλων τεχνῶν· ἀνῃροῦντο γὰρ ἄν, εἰ μὴ ὃ ἐποίει τὸ ποιοῦν καὶ ὅσον καὶ οἷον, καὶ τὸ πάσχον ἔπασχε τοῦτο καὶ τοσοῦτον καὶ τοιοῦτον. οὐ γὰρ ἐκ δύο ἰατρῶν γίνεται κοινωνία, ἀλλʼ ἐξ ἰατροῦ καὶ γεωργοῦ, καὶ ὅλως ἑτέρων καὶ οὐκ ἴσων· ἀλλὰ τούτους δεῖ ἰσασθῆναι. διὸ πάντα συμβλητὰ δεῖ πως εἶναι, ὧν ἐστὶν ἀλλαγή. ἐφʼ ὃ τὸ νόμισμʼ ἐλήλυθε, καὶ γίνεταί πως μέσον· πάντα γὰρ μετρεῖ, ὥστε καὶ τὴν ὑπεροχὴν καὶ τὴν ἔλλειψιν, πόσα ἄττα δὴ ὑποδήματʼ ἴσον οἰκίᾳ ἢ τροφῇ. δεῖ τοίνυν ὅπερ οἰκοδόμος πρὸς σκυτοτόμον, τοσαδὶ ὑποδήματα πρὸς οἰκίαν ἢ τροφήν.
If not, the exchange is not equal and does not hold together; for nothing prevents the product of one from being worth more than that of the other, and so these must be equalized. This holds in the other crafts too: they would be destroyed if what the producer produced, in quantity and quality, were not matched by what the recipient received, of that amount and of that kind. For a community is not formed from two doctors, but from a doctor and a farmer, and in general from people who are different and not equal; but they must be equalized. That is why all things that are exchanged must somehow be comparable. It is for this that money has come in, and it becomes in a way a middle term, since it measures everything—and so measures excess and deficiency too—how many shoes are equal to a house or to a quantity of food. So as builder is to shoemaker, so must so many shoes be to a house or to food.
εἰ γὰρ μὴ τοῦτο, οὐκ ἔσται ἀλλαγὴ οὐδὲ κοινωνία. τοῦτο δʼ, εἰ μὴ ἴσα εἴη πως, οὐκ ἔσται. δεῖ ἄρα ἑνί τινι πάντα μετρεῖσθαι, ὥσπερ ἐλέχθη πρότερον. τοῦτο δʼ ἐστὶ τῇ μὲν ἀληθείᾳ ἡ χρεία, ἣ πάντα συνέχει· εἰ γὰρ μηθὲν δέοιντο ἢ μὴ ὁμοίως, ἢ οὐκ ἔσται ἀλλαγὴ ἢ οὐχ ἡ αὐτή· οἷον δʼ ὑπάλλαγμα τῆς χρείας τὸ νόμισμα γέγονε κατὰ συνθήκην· καὶ διὰ τοῦτο τοὔνομα ἔχει νόμισμα, ὅτι οὐ φύσει ἀλλὰ νόμῳ ἐστί, καὶ ἐφʼ ἡμῖν μεταβαλεῖν καὶ ποιῆσαι ἄχρηστον. ἔσται δὴ ἀντιπεπονθός, ὅταν ἰσασθῇ, ὥστε ὅπερ γεωργὸς πρὸς σκυτοτόμον, τὸ ἔργον τὸ τοῦ σκυτοτόμου πρὸς τὸ τοῦ γεωργοῦ.
For without this there will be no exchange and no community. And this will not happen unless the goods are somehow equal. So everything must be measured by some one thing, as was said before. In truth this is need, which holds everything together: if people needed nothing, or did not need things in a similar way, there would either be no exchange or not the same exchange. But money has become, by convention, a kind of stand-in for need. And that is why it has the name 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 be reciprocity, then, when the goods have been equalized, so that as farmer is to shoemaker, so the shoemaker’s product is to the farmer’s.
εἰς σχῆμα δʼ ἀναλογίας οὐ δεῖ ἄγειν, ὅταν ἀλλάξωνται (εἰ δὲ μή, ἀμφοτέρας ἕξει τὰς ὑπεροχὰς τὸ ἕτερον ἄκρον), ἀλλʼ ὅταν ἔχωσι τὰ αὑτῶν. οὕτως ἴσοι καὶ κοινωνοί, ὅτι αὕτη ἡ ἰσότης δύναται ἐπʼ αὐτῶν γίνεσθαι. γεωργὸς α, τροφὴ γ, σκυτοτόμος β, τὸ ἔργον αὐτοῦ τὸ ἰσασμένον δ. εἰ δʼ οὕτω μὴ ἦν ἀντιπεπονθέναι, οὐκ ἂν ἦν κοινωνία. ὅτι δʼ ἡ χρεία συνέχει ὥσπερ ἕν τι ὄν, δηλοῖ ὅτι ὅταν μὴ ἐν χρείᾳ ὦσιν ἀλλήλων, ἢ ἀμφότεροι ἢ ἅτερος, οὐκ ἀλλάττονται, †ὥσπερ ὅταν οὗ ἔχει αὐτὸς δέηταί τις, οἷον οἴνου, διδόντες σίτου ἐξαγωγήν.† δεῖ ἄρα τοῦτο ἰσασθῆναι. ὑπὲρ δὲ τῆς μελλούσης ἀλλαγῆς, εἰ νῦν μηδὲν δεῖται, ὅτι ἔσται ἂν δεηθῇ, τὸ νόμισμα οἷον ἐγγυητής ἐσθʼ ἡμῖν· δεῖ γὰρ τοῦτο φέροντι εἶναι λαβεῖν.
But we must not bring them into the form of a proportion once they have made the exchange (otherwise one extreme will have both excesses), but while they still have their own goods. In this way they are equals and partners, because this equality can be established in their case. Let A be a farmer, C food, B a shoemaker, and D his product, equalized with C. If reciprocity were not possible in this way, there would be no community. That need holds things together as a single unit is shown by the fact that when people are not in need of each other—both of them, or one—they do not exchange—as when someone needs what one has oneself, wine for example, and people give leave for the export of grain. So this must be equalized. And for a future exchange—in case someone needs nothing now—money serves us as a kind of guarantor that the exchange will be there if he does need something; for someone who brings money must be able to get what he wants.
πάσχει μὲν οὖν καὶ τοῦτο τὸ αὐτό· οὐ γὰρ ἀεὶ ἴσον δύναται· ὅμως δὲ βούλεται μένειν μᾶλλον. διὸ δεῖ πάντα τετιμῆσθαι· οὕτω γὰρ ἀεὶ ἔσται ἀλλαγή, εἰ δὲ τοῦτο, κοινωνία. τὸ δὴ νόμισμα ὥσπερ μέτρον σύμμετρα ποιῆσαν ἰσάζει· οὔτε γὰρ ἂν μὴ οὔσης ἀλλαγῆς κοινωνία ἦν, οὔτʼ ἀλλαγὴ ἰσότητος μὴ οὔσης, οὔτʼ ἰσότης μὴ οὔσης συμμετρίας. τῇ μὲν οὖν ἀληθείᾳ ἀδύνατον τὰ τοσοῦτον διαφέροντα σύμμετρα γενέσθαι, πρὸς δὲ τὴν χρείαν ἐνδέχεται ἱκανῶς. ἓν δή τι δεῖ εἶναι, τοῦτο δʼ ἐξ ὑποθέσεως· διὸ νόμισμα καλεῖται· τοῦτο γὰρ πάντα ποιεῖ σύμμετρα· μετρεῖται γὰρ πάντα νομίσματι. οἰκία α, μναῖ δέκα β, κλίνη γ.
Money, it is true, is subject to the same thing: its value is not always equal. Still, it tends to be more stable. That is why everything should have a price set on it; for in this way there will always be exchange, and if there is exchange, community. Money, then, acting like a measure, makes things commensurable and equalizes them. For there would be no community without exchange, no exchange without equality, and no equality without commensurability. In truth it is impossible for things that differ so much to become commensurable, but with reference to need they can become so sufficiently. There must, then, be some one unit, fixed by agreement—which is why it is called nomisma. For this makes all things commensurable, since all things are measured by money. Let A be a house, B ten minas, C a bed.
τὸ α τοῦ β ἥμισυ, εἰ πέντε μνῶν ἀξία ἡ οἰκία, ἢ ἴσον· ἡ δὲ κλίνη δέκατον μέρος, τὸ γ τοῦ β· δῆλον τοίνυν πόσαι κλῖναι ἴσον οἰκίᾳ, ὅτι πέντε. ὅτι δʼ οὕτως ἡ ἀλλαγὴ ἦν πρὶν τὸ νόμισμα εἶναι, δῆλον· διαφέρει γὰρ οὐδὲν ἢ κλῖναι πέντε ἀντὶ οἰκίας, ἢ ὅσου αἱ πέντε κλῖναι.
A is half of B, if the house is worth five minas, or equal to that; and the bed, C, is a tenth of B. It is clear, then, how many beds are equal to a house: five. And it is clear that exchange took place in this way before there was money; for it makes no difference whether five beds are given for a house or the value of five beds.
τί μὲν οὖν τὸ ἄδικον καὶ τί τὸ δίκαιόν ἐστιν, εἴρηται. διωρισμένων δὲ τούτων δῆλον ὅτι ἡ δικαιοπραγία μέσον ἐστὶ τοῦ ἀδικεῖν καὶ ἀδικεῖσθαι· τὸ μὲν γὰρ πλέον ἔχειν τὸ δʼ ἔλαττόν ἐστιν. ἡ δὲ δικαιοσύνη μεσότης τίς ἐστιν, οὐ τὸν αὐτὸν δὲ τρόπον ταῖς ἄλλαις ἀρεταῖς, ἀλλʼ ὅτι μέσου ἐστίν· ἡ δʼ ἀδικία τῶν ἄκρων. 1134a καὶ ἡ μὲν δικαιοσύνη ἐστὶ καθʼ ἣν ὁ δίκαιος λέγεται πρακτικὸς κατὰ προαίρεσιν τοῦ δικαίου, καὶ διανεμητικὸς καὶ αὑτῷ πρὸς ἄλλον καὶ ἑτέρῳ πρὸς ἕτερον οὐχ οὕτως ὥστε τοῦ μὲν αἱρετοῦ πλέον αὑτῷ ἔλαττον δὲ τῷ πλησίον, τοῦ βλαβεροῦ δʼ ἀνάπαλιν, ἀλλὰ τοῦ ἴσου τοῦ κατʼ ἀναλογίαν, ὁμοίως δὲ καὶ ἄλλῳ πρὸς ἄλλον. ἡ δʼ ἀδικία τοὐναντίον τοῦ ἀδίκου.
We have said, then, what the unjust and the just are. With these distinctions drawn, it is clear that just action is a mean between doing wrong and being wronged; for the one is having too much and the other having too little. Justice is a kind of mean, but not in the same way as the other excellences: rather, it is a mean because it is concerned with a mean, while injustice is concerned with the extremes. 1134a Justice is that in virtue of which the just person is said to do what is just by decision, and to distribute—whether between himself and another or between two others—not so as to give himself more of what is choiceworthy and his neighbor less (and the reverse with what is harmful), but so as to give what is proportionally equal; and likewise when distributing between two others. Injustice, conversely, is concerned with the unjust.
τοῦτο δʼ ἐστὶν ὑπερβολὴ καὶ ἔλλειψις τοῦ ὠφελίμου ἢ βλαβεροῦ παρὰ τὸ ἀνάλογον. διὸ ὑπερβολὴ καὶ ἔλλειψις ἡ ἀδικία, ὅτι ὑπερβολῆς καὶ ἐλλείψεώς ἐστιν, ἐφʼ αὑτοῦ μὲν ὑπερβολῆς μὲν τοῦ ἁπλῶς ὠφελίμου, ἐλλείψεως δὲ τοῦ βλαβεροῦ· ἐπὶ δὲ τῶν ἄλλων τὸ μὲν ὅλον ὁμοίως, τὸ δὲ παρὰ τὸ ἀνάλογον, ὁποτέρως ἔτυχεν. τοῦ δὲ ἀδικήματος τὸ μὲν ἔλαττον ἀδικεῖσθαί ἐστι, τὸ δὲ μεῖζον τὸ ἀδικεῖν. περὶ μὲν οὖν δικαιοσύνης καὶ ἀδικίας, τίς ἑκατέρας ἐστὶν ἡ φύσις, εἰρήσθω τοῦτον τὸν τρόπον, ὁμοίως δὲ καὶ περὶ δικαίου καὶ ἀδίκου καθόλου.
The unjust is excess and deficiency of what is beneficial or harmful, contrary to proportion. That is why injustice is excess and deficiency: because it is concerned with excess and deficiency—in one’s own case, excess of what is beneficial without qualification and deficiency of what is harmful; in the case of others, the result as a whole is similar, but the violation of proportion may go either way. Of the unjust act, the lesser part is being wronged, and the greater part is doing wrong. Let this be our account of justice and injustice and the nature of each, and likewise of the just and the unjust in general.
Political justice
Aristotle distinguishes political justice among free equals and divides it into natural and legal.
ἐπεὶ δʼ ἔστιν ἀδικοῦντα μήπω ἄδικον εἶναι, ὁ ποῖα ἀδικήματα ἀδικῶν ἤδη ἄδικός ἐστιν ἑκάστην ἀδικίαν, οἷον κλέπτης ἢ μοιχὸς ἢ λῃστής; ἢ οὕτω μὲν οὐδὲν διοίσει; καὶ γὰρ ἂν συγγένοιτο γυναικὶ εἰδὼς τὸ ᾗ, ἀλλʼ οὐ διὰ προαιρέσεως ἀρχὴν ἀλλὰ διὰ πάθος. ἀδικεῖ μὲν οὖν, ἄδικος δʼ οὐκ ἔστιν, οἷον οὐ κλέπτης, ἔκλεψε δέ, οὐδὲ μοιχός, ἐμοίχευσε δέ· ὁμοίως δὲ καὶ ἐπὶ τῶν ἄλλων. πῶς μὲν οὖν ἔχει τὸ ἀντιπεπονθὸς πρὸς τὸ δίκαιον, εἴρηται πρότερον· δεῖ δὲ μὴ λανθάνειν ὅτι τὸ ζητούμενόν ἐστι καὶ τὸ ἁπλῶς δίκαιον καὶ τὸ πολιτικὸν δίκαιον.
Since it is possible to do wrong without yet being unjust, what sort of wrongs must one commit to be already unjust with respect to each kind of injustice—a thief, say, or an adulterer, or a bandit? Or will it make no difference in this way? For a man might have sex with a woman knowing who she is, yet not with decision as the starting point, but because of feeling. He does wrong, then, but he is not unjust: he is not a thief, though he stole, nor an adulterer, though he committed adultery; and likewise in the other cases. We have said before how reciprocity is related to the just. But we must not forget that what we are looking for is both the just without qualification and political justice.
τοῦτο δʼ ἔστιν ἐπὶ κοινωνῶν βίου πρὸς τὸ εἶναι αὐτάρκειαν, ἐλευθέρων καὶ ἴσων ἢ κατʼ ἀναλογίαν ἢ κατʼ ἀριθμόν· ὥστε ὅσοις μή ἐστι τοῦτο, οὐκ ἔστι τούτοις πρὸς ἀλλήλους τὸ πολιτικὸν δίκαιον, ἀλλά τι δίκαιον καὶ καθʼ ὁμοιότητα. ἔστι γὰρ δίκαιον, οἷς καὶ νόμος πρὸς αὑτούς· νόμος δʼ, ἐν οἷς ἀδικία· ἡ γὰρ δίκη κρίσις τοῦ δικαίου καὶ τοῦ ἀδίκου. ἐν οἷς δʼ ἀδικία, καὶ τὸ ἀδικεῖν ἐν τούτοις (ἐν οἷς δὲ τὸ ἀδικεῖν, οὐ πᾶσιν ἀδικία), τοῦτο δʼ ἐστὶ τὸ πλέον αὑτῷ νέμειν τῶν ἁπλῶς ἀγαθῶν, ἔλαττον δὲ τῶν ἁπλῶς κακῶν. διὸ οὐκ ἐῶμεν ἄρχειν ἄνθρωπον, ἀλλὰ τὸν λόγον, ὅτι ἑαυτῷ τοῦτο ποιεῖ 1134b καὶ γίνεται τύραννος. ἔστι δʼ ὁ ἄρχων φύλαξ τοῦ δικαίου, εἰ δὲ τοῦ δικαίου, καὶ τοῦ ἴσου.
Political justice exists among people who share a life aimed at self-sufficiency, people who are free and equal, whether proportionally or numerically. So among those for whom this is not the case, there is no political justice in their relations with one another, but only justice of a sort, by resemblance. For there is justice among those whose relations are governed by law; and there is law among those between whom there is injustice, since a legal judgment is a discrimination of the just and the unjust. Where there is injustice there is also doing wrong (though where there is doing wrong there is not always injustice), and injustice is assigning oneself too much of what is good without qualification and too little of what is bad without qualification. That is why we do not allow a human being to rule, but reason, since a human being does this for himself 1134b and becomes a tyrant. The ruler is a guardian of the just, and if of the just, then of the equal too.
ἐπεὶ δʼ οὐθὲν αὐτῷ πλέον εἶναι δοκεῖ, εἴπερ δίκαιος (οὐ γὰρ νέμει πλέον τοῦ ἁπλῶς ἀγαθοῦ αὑτῷ, εἰ μὴ πρὸς αὐτὸν ἀνάλογόν ἐστιν· διὸ ἑτέρῳ πονεῖ· καὶ διὰ τοῦτο ἀλλότριον εἶναί φασιν ἀγαθὸν τὴν δικαιοσύνην, καθάπερ ἐλέχθη καὶ πρότερον)· μισθὸς ἄρα τις δοτέος, τοῦτο δὲ τιμὴ καὶ γέρας· ὅτῳ δὲ μὴ ἱκανὰ τὰ τοιαῦτα, οὗτοι γίνονται τύραννοι.
Since the ruler seems to get nothing extra for himself, if he is just (for he does not assign himself more of what is good without qualification unless it is proportional to him; that is why he labors for another, and why people say justice is “another’s good,” as was said before), some reward must be given him, and this is honor and privilege. Those for whom such things are not enough become tyrants.
τὸ δὲ δεσποτικὸν δίκαιον καὶ τὸ πατρικὸν οὐ ταὐτὸν τούτοις ἀλλʼ ὅμοιον· οὐ γὰρ ἔστιν ἀδικία πρὸς τὰ αὑτοῦ ἁπλῶς, τὸ δὲ κτῆμα καὶ τὸ τέκνον, ἕως ἂν ᾖ πηλίκον καὶ χωρισθῇ, ὥσπερ μέρος αὑτοῦ, αὑτὸν δʼ οὐδεὶς προαιρεῖται βλάπτειν· διὸ οὐκ ἔστιν ἀδικία πρὸς αὑτόν· οὐδʼ ἄρα ἄδικον οὐδὲ δίκαιον τὸ πολιτικόν· κατὰ νόμον γὰρ ἦν, καὶ ἐν οἷς ἐπεφύκει εἶναι νόμος, οὗτοι δʼ ἦσαν οἷς ὑπάρχει ἰσότης τοῦ ἄρχειν καὶ ἄρχεσθαι. διὸ μᾶλλον πρὸς γυναῖκά ἐστι δίκαιον ἢ πρὸς τέκνα καὶ κτήματα· τοῦτο γάρ ἐστι τὸ οἰκονομικὸν δίκαιον· ἕτερον δὲ καὶ τοῦτο τοῦ πολιτικοῦ.
The justice of a master and that of a father are not the same as these, though they are similar. For there is no injustice without qualification toward what is one’s own; and a piece of property, or a child until it reaches a certain age and becomes independent, is as it were a part of oneself, and no one decides to harm himself. That is why there is no injustice toward oneself, and therefore nothing politically just or unjust either. For that, as we saw, is according to law, and exists among those who are naturally subject to law, and these, as we saw, are people who share equally in ruling and being ruled. That is why justice exists more toward a wife than toward children and property; for this is household justice. But this too is different from political justice.
τοῦ δὲ πολιτικοῦ δικαίου τὸ μὲν φυσικόν ἐστι τὸ δὲ νομικόν, φυσικὸν μὲν τὸ πανταχοῦ τὴν αὐτὴν ἔχον δύναμιν, καὶ οὐ τῷ δοκεῖν ἢ μή, νομικὸν δὲ ὃ ἐξ ἀρχῆς μὲν οὐδὲν διαφέρει οὕτως ἢ ἄλλως, ὅταν δὲ θῶνται, διαφέρει, οἷον τὸ μνᾶς λυτροῦσθαι, ἢ τὸ αἶγα θύειν ἀλλὰ μὴ δύο πρόβατα, ἔτι ὅσα ἐπὶ τῶν καθʼ ἕκαστα νομοθετοῦσιν, οἷον τὸ θύειν Βρασίδᾳ, καὶ τὰ ψηφισματώδη. δοκεῖ δʼ ἐνίοις εἶναι πάντα τοιαῦτα, ὅτι τὸ μὲν φύσει ἀκίνητον καὶ πανταχοῦ τὴν αὐτὴν ἔχει δύναμιν, ὥσπερ τὸ πῦρ καὶ ἐνθάδε καὶ ἐν Πέρσαις καίει, τὰ δὲ δίκαια κινούμενα ὁρῶσιν.
Of political justice, part is natural and part is legal. The natural is what has the same force everywhere, and does not depend on whether people think it so or not. The legal is what originally makes no difference whether it is done this way or otherwise, but once people have laid it down, it does make a difference—for example, that a prisoner’s ransom is a mina, or that a goat is to be sacrificed rather than two sheep; and further, the laws passed for particular cases, such as sacrificing to Brasidas, and provisions made by decree. Some people think all justice is of this kind, because what is by nature is unchangeable and has the same force everywhere—fire burns both here and in Persia—whereas they see just things changing.
τοῦτο δʼ οὐκ ἔστιν οὕτως ἔχον, ἀλλʼ ἔστιν ὥς· καίτοι παρά γε τοῖς θεοῖς ἴσως οὐδαμῶς, παρʼ ἡμῖν δʼ ἔστι μέν τι καὶ φύσει, κινητὸν μέντοι πᾶν, ἀλλʼ ὅμως ἐστὶ τὸ μὲν φύσει τὸ δʼ οὐ φύσει. ποῖον δὲ φύσει τῶν ἐνδεχομένων καὶ ἄλλως ἔχειν, καὶ ποῖον οὒ ἀλλὰ νομικὸν καὶ συνθήκῃ, εἴπερ ἄμφω κινητὰ ὁμοίως, δῆλον. καὶ ἐπὶ τῶν ἄλλων ὁ αὐτὸς ἁρμόσει διορισμός· φύσει γὰρ ἡ δεξιὰ κρείττων, καίτοι ἐνδέχεται πάντας ἀμφιδεξίους γενέσθαι. τὰ δὲ κατὰ συνθήκην καὶ τὸ συμφέρον τῶν δικαίων 1135a ὅμοιά ἐστι τοῖς μέτροις· οὐ γὰρ πανταχοῦ ἴσα τὰ οἰνηρὰ καὶ σιτηρὰ μέτρα, ἀλλʼ οὗ μὲν ὠνοῦνται, μείζω, οὗ δὲ πωλοῦσιν, ἐλάττω.
This is not so, though it is so in a way. Among the gods, perhaps, it is not so at all; but among us there is something that is by nature, even though all of it is changeable. Nevertheless, some is by nature and some not by nature. Among things that can be otherwise, which kind is by nature, and which is not by nature but legal and conventional, given that both are equally changeable, is clear. And the same distinction will fit other cases too: by nature the right hand is stronger, and yet it is possible for everyone to become ambidextrous. The just things that rest on convention and expediency 1135a are like measures: measures of wine and grain are not equal everywhere, but larger where people buy and smaller where they sell.
ὁμοίως δὲ καὶ τὰ μὴ φυσικὰ ἀλλʼ ἀνθρώπινα δίκαια οὐ ταὐτὰ πανταχοῦ, ἐπεὶ οὐδʼ αἱ πολιτεῖαι, ἀλλὰ μία μόνον πανταχοῦ κατὰ φύσιν ἡ ἀρίστη. τῶν δὲ δικαίων καὶ νομίμων ἕκαστον ὡς τὰ καθόλου πρὸς τὰ καθʼ ἕκαστα ἔχει· τὰ μὲν γὰρ πραττόμενα πολλά, ἐκείνων δʼ ἕκαστον ἕν· καθόλου γάρ. διαφέρει δὲ τὸ ἀδίκημα καὶ τὸ ἄδικον καὶ τὸ δικαίωμα καὶ τὸ δίκαιον· ἄδικον μὲν γάρ ἐστι τῇ φύσει ἢ τάξει· αὐτὸ δὲ τοῦτο, ὅταν πραχθῇ, ἀδίκημά ἐστι, πρὶν δὲ πραχθῆναι, οὔπω, ἀλλʼ ἄδικον. ὁμοίως δὲ καὶ δικαίωμα· καλεῖται δὲ μᾶλλον δικαιοπράγημα τὸ κοινόν, δικαίωμα δὲ τὸ ἐπανόρθωμα τοῦ ἀδικήματος. καθʼ ἕκαστον δὲ αὐτῶν, ποῖά τε εἴδη καὶ πόσα καὶ περὶ ποῖα τυγχάνει ὄντα, ὕστερον ἐπισκεπτέον.
Likewise, the things that are just not by nature but by human arrangement are not the same everywhere, since constitutions are not the same either; yet only one constitution is everywhere by nature the best. Each of the things that are just and lawful is related to actions as universals are to particulars: the things done are many, but each of those is one, since it is universal. There is a difference between an unjust act and what is unjust, and between a just act and what is just. Something is unjust by nature or by ordinance; and this same thing, once it has been done, is an unjust act, but before it is done it is not yet that—only something unjust. Likewise with a just act; though the general term is rather “just action” (dikaiopragēma), while dikaiōma means the correction of an unjust act. As for each of these, what kinds there are, how many, and what they are concerned with, we must examine later.
Voluntary and involuntary wrongdoing
Aristotle examines when harmful acts count as unjust, and whether one can be wronged voluntarily.
ὄντων δὲ τῶν δικαίων καὶ ἀδίκων τῶν εἰρημένων, ἀδικεῖ μὲν καὶ δικαιοπραγεῖ ὅταν ἑκών τις αὐτὰ πράττῃ· ὅταν δʼ ἄκων, οὔτʼ ἀδικεῖ οὔτε δικαιοπραγεῖ ἀλλʼ ἢ κατὰ συμβεβηκός· οἷς γὰρ συμβέβηκε δικαίοις εἶναι ἢ ἀδίκοις, πράττουσιν. ἀδίκημα δὲ καὶ δικαιοπράγημα ὥρισται τῷ ἑκουσίῳ καὶ ἀκουσίῳ· ὅταν γὰρ ἑκούσιον ᾖ, ψέγεται, ἅμα δὲ καὶ ἀδίκημα τότʼ ἐστίν· ὥστʼ ἔσται τι ἄδικον μὲν ἀδίκημα δʼ οὔπω, ἂν μὴ τὸ ἑκούσιον προσῇ.
Given that the just and unjust things are as we have described, a person does wrong or acts justly when he does them voluntarily. When he does them involuntarily, he neither does wrong nor acts justly, except incidentally; for he does things that happen to be just or unjust. An unjust act and a just action are marked off by the voluntary and the involuntary: when an act is voluntary it is blamed, and at the same time it is then an unjust act. So there will be something that is unjust but not yet an unjust act, unless voluntariness is also present.
λέγω δʼ ἑκούσιον μέν, ὥσπερ καὶ πρότερον εἴρηται, ὃ ἄν τις τῶν ἐφʼ αὑτῷ ὄντων εἰδὼς καὶ μὴ ἀγνοῶν πράττῃ μήτε ὃν μήτε ᾧ μήτε οὗ ἕνεκα, οἷον τίνα τύπτει καὶ τίνι καὶ τίνος ἕνεκα, κἀκείνων ἕκαστον μὴ κατὰ συμβεβηκὸς μηδὲ βίᾳ (ὥσπερ εἴ τις λαβὼν τὴν χεῖρα αὐτοῦ τύπτοι ἕτερον, οὐχ ἑκών· οὐ γὰρ ἐπʼ αὐτῷ)· ἐνδέχεται δὲ τὸν τυπτόμενον πατέρα εἶναι, τὸν δʼ ὅτι μὲν ἄνθρωπος ἢ τῶν παρόντων τις γινώσκειν, ὅτι δὲ πατὴρ ἀγνοεῖν· ὁμοίως δὲ τὸ τοιοῦτον διωρίσθω καὶ ἐπὶ τοῦ οὗ ἕνεκα, καὶ περὶ τὴν πρᾶξιν ὅλην. τὸ δὴ ἀγνοούμενον, ἢ μὴ ἀγνοούμενον μὲν μὴ ἐπʼ αὐτῷ δʼ ὄν, ἢ βίᾳ, ἀκούσιον.
By voluntary I mean, as was also said before, whatever a person does among the things that are up to him, knowingly and not in ignorance of the person affected, the instrument, or the purpose—for example, whom he is striking, with what, and for what purpose—and each of these not incidentally, nor by force (as when someone takes his hand and strikes another with it, he does not do so voluntarily, since it was not up to him). It is possible for the person struck to be one’s father, and for the striker to know that he is a human being, or one of those present, but not know that he is his father. Let the same distinction be drawn in the case of the purpose, and with regard to the action as a whole. What is done in ignorance, then, or not in ignorance but not up to the agent, or by force, is involuntary.
πολλὰ γὰρ καὶ τῶν φύσει ὑπαρχόντων 1135b εἰδότες καὶ πράττομεν καὶ πάσχομεν, ὧν οὐθὲν οὔθʼ ἑκούσιον οὔτʼ ἀκούσιόν ἐστιν, οἷον τὸ γηρᾶν ἢ ἀποθνήσκειν. ἔστι δʼ ὁμοίως ἐπὶ τῶν ἀδίκων καὶ τῶν δικαίων καὶ τὸ κατὰ συμβεβηκός· καὶ γὰρ ἂν τὴν παρακαταθήκην ἀποδοίη τις ἄκων καὶ διὰ φόβον, ὃν οὔτε δίκαια πράττειν οὔτε δικαιοπραγεῖν φατέον ἀλλʼ ἢ κατὰ συμβεβηκός. ὁμοίως δὲ καὶ τὸν ἀναγκαζόμενον καὶ ἄκοντα τὴν παρακαταθήκην μὴ ἀποδιδόντα κατὰ συμβεβηκὸς φατέον ἀδικεῖν καὶ τὰ ἄδικα πράττειν. τῶν δὲ ἑκουσίων τὰ μὲν προελόμενοι πράττομεν τὰ δʼ οὐ προελόμενοι, προελόμενοι μὲν ὅσα προβουλευσάμενοι, ἀπροαίρετα δὲ ὅσʼ ἀπροβούλευτα.
For there are many natural processes, too, 1135b that we do or undergo knowingly, none of which is either voluntary or involuntary—growing old, for example, or dying. And with unjust and just acts alike there is also the incidental. Someone might return a deposit involuntarily and out of fear; he should not be said to do just things or to act justly, except incidentally. Likewise, someone who under compulsion and involuntarily fails to return a deposit should be said to do wrong and do unjust things only incidentally. Of voluntary actions, some we do by decision and others not by decision: by decision, those we have deliberated about beforehand; not by decision, those we have not deliberated about beforehand.
τριῶν δὴ οὐσῶν βλαβῶν τῶν ἐν ταῖς κοινωνίαις, τὰ μὲν μετʼ ἀγνοίας ἁμαρτήματά ἐστιν, ὅταν μήτε ὃν μήτε ὃ μήτε ᾧ μήτε οὗ ἕνεκα ὑπέλαβε πράξῃ· ἢ γὰρ οὐ βάλλειν ἢ οὐ τούτῳ ἢ οὐ τοῦτον ἢ οὐ τούτου ἕνεκα ᾠήθη, ἀλλὰ συνέβη οὐχ οὗ ἕνεκα ᾠήθη, οἷον οὐχ ἵνα τρώσῃ ἀλλʼ ἵνα κεντήσῃ, ἢ οὐχ ὅν, ἢ οὐχ ᾧ.
There are, then, three kinds of harm that occur in dealings between people. Those done in ignorance are mistakes, when the person affected, the act, the instrument, or the purpose is not what the agent supposed. He thought he was not throwing at all, or not with this, or not at this person, or not for this purpose; but the result was not what he intended—for instance, he threw not to wound but only to prick—or it was not the person he thought, or not with the instrument he thought.
ὅταν μὲν οὖν παραλόγως ἡ βλάβη γένηται, ἀτύχημα· ὅταν δὲ μὴ παραλόγως, ἄνευ δὲ κακίας, ἁμάρτημα (ἁμαρτάνει μὲν γὰρ ὅταν ἡ ἀρχὴ ἐν αὐτῷ ᾖ τῆς αἰτίας, ἀτυχεῖ δʼ ὅταν ἔξωθεν)· ὅταν δὲ εἰδὼς μὲν μὴ προβουλεύσας δέ, ἀδίκημα, οἷον ὅσα τε διὰ θυμὸν καὶ ἄλλα πάθη, ὅσα ἀναγκαῖα ἢ φυσικὰ συμβαίνει τοῖς ἀνθρώποις· ταῦτα γὰρ βλάπτοντες καὶ ἁμαρτάνοντες ἀδικοῦσι μέν, καὶ ἀδικήματά ἐστιν, οὐ μέντοι πω ἄδικοι διὰ ταῦτα οὐδὲ πονηροί· οὐ γὰρ διὰ μοχθηρίαν ἡ βλάβη· ὅταν δʼ ἐκ προαιρέσεως, ἄδικος καὶ μοχθηρός. διὸ καλῶς τὰ ἐκ θυμοῦ οὐκ ἐκ προνοίας κρίνεται· οὐ γὰρ ἄρχει ὁ θυμῷ ποιῶν, ἀλλʼ ὁ ὀργίσας. ἔτι δὲ οὐδὲ περὶ τοῦ γενέσθαι ἢ μὴ ἀμφισβητεῖται, ἀλλὰ περὶ τοῦ δικαίου· ἐπὶ φαινομένῃ γὰρ ἀδικίᾳ ἡ ὀργή ἐστιν.
When the harm occurs contrary to reasonable expectation, it is a misfortune. When it is not contrary to reasonable expectation, but occurs without vice, it is a mistake (for a person makes a mistake when the origin of the cause lies in himself, and suffers misfortune when it lies outside him). When someone acts knowingly but without prior deliberation, it is an unjust act—for instance, acts done through anger or other feelings that are necessary or natural to human beings. For in doing these harms and making these mistakes people do wrong, and the acts are unjust acts; yet the agents are not thereby unjust or wicked, since the harm is not due to vice. But when the act comes from decision, the agent is unjust and wicked. That is why acts done from anger are rightly judged not to be premeditated; for the one who starts it is not the person acting in anger but the one who made him angry. Further, the dispute is not about whether the thing happened but about whether it was just; for anger is a response to apparent injustice.
οὐ γὰρ ὥσπερ ἐν τοῖς συναλλάγμασι περὶ τοῦ γενέσθαι ἀμφισβητοῦσιν, ὧν ἀνάγκη τὸν ἕτερον εἶναι μοχθηρόν, ἂν μὴ διὰ λήθην αὐτὸ δρῶσιν· ἀλλʼ ὁμολογοῦντες περὶ τοῦ πράγματος, περὶ δὲ τοῦ ποτέρως δίκαιον ἀμφισβητοῦσιν (ὁ δʼ ἐπιβουλεύσας οὐκ ἀγνοεῖ), ὥστε ὃ μὲν οἴεται ἀδικεῖσθαι, ὃ δʼ οὔ. 1136a ἐὰν δʼ ἐκ προαιρέσεως βλάψῃ, ἀδικεῖ· καὶ κατὰ ταῦτʼ ἤδη τὰ ἀδικήματα ὁ ἀδικῶν ἄδικος, ὅταν παρὰ τὸ ἀνάλογον ᾖ ἢ παρὰ τὸ ἴσον. ὁμοίως δὲ καὶ δίκαιος, ὅταν προελόμενος δικαιοπραγῇ· δικαιοπραγεῖ δέ, ἂν μόνον ἑκὼν πράττῃ. τῶν δʼ ἀκουσίων τὰ μέν ἐστι συγγνωμονικὰ τὰ δʼ οὐ συγγνωμονικά. ὅσα μὲν γὰρ μὴ μόνον ἀγνοοῦντες ἀλλὰ καὶ διʼ ἄγνοιαν ἁμαρτάνουσι, συγγνωμονικά, ὅσα δὲ μὴ διʼ ἄγνοιαν, ἀλλʼ ἀγνοοῦντες μὲν διὰ πάθος δὲ μήτε φυσικὸν μήτʼ ἀνθρώπινον, οὐ συγγνωμονικά.
It isn’t like disputes over contracts, where the parties argue about whether the thing happened at all; there one of the two must be wicked, unless they act out of forgetfulness. Here they agree about the facts and dispute which side is in the right (whereas someone who has plotted against another knows perfectly well what he is doing), so that one thinks he is being wronged and the other doesn’t. 1136a But if someone does harm by decision, he does wrong; and it is when he commits wrongs of this kind, which violate proportion or equality, that the wrongdoer is at last an unjust person. Similarly a person is just when he acts justly by decision; if he merely acts voluntarily, he only does just things. Of involuntary acts, some are forgivable and others are not. Errors people make not only in ignorance but because of ignorance are forgivable; those they make not because of ignorance, but in ignorance that stems from a feeling neither natural nor human, are not forgivable.
ἀπορήσειε δʼ ἄν τις, εἰ ἱκανῶς διώρισται περὶ τοῦ ἀδικεῖσθαι καὶ ἀδικεῖν, πρῶτον μὲν εἰ ἔστιν ὥσπερ Εὐριπίδης εἴρηκε, λέγων ἀτόπως μητέρα κατέκταν τὴν ἐμήν, βραχὺς λόγος. ἑκὼν ἑκοῦσαν, ἢ οὐχ ἑκοῦσαν οὐχ ἑκών; πότερον γὰρ ὡς ἀληθῶς ἔστιν ἑκόντα ἀδικεῖσθαι, ἢ οὒ ἀλλʼ ἀκούσιον ἅπαν, ὥσπερ καὶ τὸ ἀδικεῖν πᾶν ἑκούσιον; καὶ ἆρα πᾶν οὕτως ἢ ἐκείνως, ὥσπερ καὶ τὸ ἀδικεῖν πᾶν ἑκούσιον, ἢ τὸ μὲν ἑκούσιον τὸ δʼ ἀκούσιον; ὁμοίως δὲ καὶ ἐπὶ τοῦ δικαιοῦσθαι· τὸ γὰρ δικαιοπραγεῖν πᾶν ἑκούσιον· ὥστʼ εὔλογον ἀντικεῖσθαι ὁμοίως καθʼ ἑκάτερον, τό τʼ ἀδικεῖσθαι καὶ δικαιοῦσθαι ἢ ἑκούσιον ἢ ἀκούσιον εἶναι. ἄτοπον δʼ ἂν δόξειε καὶ ἐπὶ τοῦ δικαιοῦσθαι, εἰ πᾶν ἑκούσιον· ἔνιοι γὰρ δικαιοῦνται οὐχ ἑκόντες.
One might raise a difficulty about whether we have adequately defined being wronged and doing wrong. First, is it as Euripides says, putting it strangely: “I killed my mother—the tale is short. / Willing, and she willing? Or neither of us willing?” Is it truly possible to be wronged voluntarily, or is being wronged always involuntary, just as doing wrong is always voluntary? And is it always one way or always the other—as doing wrong is always voluntary—or is it sometimes voluntary and sometimes involuntary? The same question arises for being treated justly, since acting justly is always voluntary. So it would be reasonable for the two pairs to be opposed in the same way, and for being wronged and being treated justly alike to be either voluntary or involuntary. But it would seem odd, in the case of being treated justly too, if it were always voluntary; for some people are treated justly against their will.
ἔπειτα καὶ τόδε διαπορήσειεν ἄν τις, πότερον ὁ τὸ ἄδικον πεπονθὼς ἀδικεῖται πᾶς, ἢ ὥσπερ καὶ ἐπὶ τοῦ πράττειν, καὶ ἐπὶ τοῦ πάσχειν ἐστίν· κατὰ συμβεβηκὸς γὰρ ἐνδέχεται ἐπʼ ἀμφοτέρων μεταλαμβάνειν τῶν δικαίων· ὁμοίως δὲ δῆλον ὅτι καὶ ἐπὶ τῶν ἀδίκων· οὐ γὰρ ταὐτὸν τὸ τἄδικα πράττειν τῷ ἀδικεῖν οὐδὲ τὸ ἄδικα πάσχειν τῷ ἀδικεῖσθαι· ὁμοίως δὲ καὶ ἐπὶ τοῦ δικαιοπραγεῖν καὶ δικαιοῦσθαι· ἀδύνατον γὰρ ἀδικεῖσθαι μὴ ἀδικοῦντος ἢ δικαιοῦσθαι μὴ δικαιοπραγοῦντος. εἰ δʼ ἐστὶν ἁπλῶς τὸ ἀδικεῖν τὸ βλάπτειν ἑκόντα τινά, τὸ δʼ ἑκόντα εἰδότα καὶ ὃν καὶ ᾧ καὶ ὥς, ὁ δʼ ἀκρατὴς ἑκὼν βλάπτει αὐτὸς αὑτόν, ἑκών τʼ ἂν ἀδικοῖτο κἂν ἐνδέχοιτο αὐτὸς αὑτὸν ἀδικεῖν. ἔστι δὲ καὶ τοῦτο ἓν τῶν ἀπορουμένων, 1136b εἰ ἐνδέχεται αὐτὸν αὑτὸν ἀδικεῖν.
Next, one might also raise this difficulty: is everyone who has suffered something unjust thereby wronged, or is it with suffering as it is with doing? For in both cases it is possible to have a share in just things incidentally, and clearly the same holds for unjust things. Doing unjust things is not the same as doing wrong, and suffering unjust things is not the same as being wronged; and likewise with acting justly and being treated justly. For it is impossible to be wronged unless someone does wrong, or to be treated justly unless someone acts justly. Now if doing wrong is simply harming someone voluntarily, and “voluntarily” means knowing whom one affects, with what, and how, and the uncontrolled person voluntarily harms himself, then he would be wronged voluntarily, and it would be possible to wrong oneself. This too is one of the open questions: 1136b whether it is possible to wrong oneself.
ἔτι ἑκὼν ἄν τις διʼ ἀκρασίαν ὑπʼ ἄλλου βλάπτοιτο ἑκόντος, ὥστʼ εἴη ἂν ἑκόντʼ ἀδικεῖσθαι. ἢ οὐκ ὀρθὸς ὁ διορισμός, ἀλλὰ προσθετέον τῷ βλάπτειν εἰδότα καὶ ὃν καὶ ᾧ καὶ ὣς τὸ παρὰ τὴν ἐκείνου βούλησιν; βλάπτεται μὲν οὖν τις ἑκὼν καὶ τἄδικα πάσχει, ἀδικεῖται δʼ οὐδεὶς ἑκών· οὐδεὶς γὰρ βούλεται, οὐδʼ ὁ ἀκρατής, ἀλλὰ παρὰ τὴν βούλησιν πράττει· οὔτε γὰρ βούλεται οὐδεὶς ὃ μὴ οἴεται εἶναι σπουδαῖον, ὅ τε ἀκρατὴς οὐχ ἃ οἴεται δεῖν πράττειν πράττει. ὁ δὲ τὰ αὑτοῦ διδούς, ὥσπερ Ὅμηρός φησι δοῦναι τὸν Γλαῦκον τῷ Διομήδει χρύσεα χαλκείων, ἑκατόμβοιʼ ἐννεαβοίων, οὐκ ἀδικεῖται· ἐπʼ αὐτῷ γάρ ἐστι τὸ διδόναι, τὸ δʼ ἀδικεῖσθαι οὐκ ἐπʼ αὐτῷ, ἀλλὰ τὸν ἀδικοῦντα δεῖ ὑπάρχειν. περὶ μὲν οὖν τοῦ ἀδικεῖσθαι, ὅτι οὐχ ἑκούσιον, δῆλον.
Again, through lack of self-control someone might voluntarily be harmed by another who acts voluntarily, so that it would be possible to be wronged voluntarily. Or is the definition incorrect, and must we add to “harming someone knowing whom, with what, and how” the words “against his wish”? Someone may, then, be harmed voluntarily and suffer unjust things, but no one is wronged voluntarily. For no one wishes it, not even the uncontrolled person; he acts against his wish. No one wishes for what he doesn’t think worthwhile, and the uncontrolled person does what he doesn’t think he ought to do. And someone who gives away what is his own—as Homer says Glaucus gave Diomedes “gold for bronze, a hundred oxen’s worth for nine”—is not wronged. Giving is up to him, but being wronged is not up to him: there has to be someone who wrongs him. So it is clear that being wronged is not voluntary.
ἔτι δʼ ὧν προειλόμεθα δύʼ ἔστιν εἰπεῖν, πότερόν ποτʼ ἀδικεῖ ὁ νείμας παρὰ τὴν ἀξίαν τὸ πλέον ἢ ὁ ἔχων, καὶ εἰ ἔστιν αὐτὸν αὑτὸν ἀδικεῖν. εἰ γὰρ ἐνδέχεται τὸ πρότερον λεχθὲν καὶ ὁ διανέμων ἀδικεῖ ἀλλʼ οὐχ ὁ ἔχων τὸ πλέον, εἴ τις πλέον αὑτοῦ ἑτέρῳ νέμει εἰδὼς καὶ ἑκών, οὗτος αὐτὸς αὑτὸν ἀδικεῖ· ὅπερ δοκοῦσιν οἱ μέτριοι ποιεῖν· ὁ γὰρ ἐπιεικὴς ἐλαττωτικός ἐστιν. ἢ οὐδὲ τοῦτο ἁπλοῦν; ἑτέρου γὰρ ἀγαθοῦ, εἰ ἔτυχεν, πλεονεκτεῖ, οἷον δόξης ἢ τοῦ ἁπλῶς καλοῦ. ἔτι λύεται κατὰ τὸν διορισμὸν τοῦ ἀδικεῖν· οὐδὲν γὰρ παρὰ τὴν αὑτοῦ πάσχει βούλησιν, ὥστε οὐκ ἀδικεῖται διά γε τοῦτο, ἀλλʼ εἴπερ, βλάπτεται μόνον.
Of the questions we set ourselves, two remain to be discussed: whether it is the one who has distributed more than someone deserves who does wrong, or the one who has it; and whether it is possible to wrong oneself. For if the first alternative is possible, and it is the distributor who does wrong and not the one who has more, then if someone knowingly and voluntarily distributes more to another than to himself, he wrongs himself. And this is what moderate people seem to do, since the decent person tends to take less than his share. Or is this too not so simple? For he may perhaps be getting more of some other good, such as reputation or what is fine without qualification. The difficulty is also solved by our definition of doing wrong: he suffers nothing against his own wish, so he is not wronged, at least not on this account; if anything, he is only harmed.
φανερὸν δὲ ὅτι καὶ ὁ διανέμων ἀδικεῖ, ἀλλʼ οὐχ ὁ τὸ πλέον ἔχων ἀεί· οὐ γὰρ ᾧ τὸ ἄδικον ὑπάρχει ἀδικεῖ, ἀλλʼ ᾧ τὸ ἑκόντα τοῦτο ποιεῖν· τοῦτο δʼ ὅθεν ἡ ἀρχὴ τῆς πράξεως, ἥ ἐστιν ἐν τῷ διανέμοντι ἀλλʼ οὐκ ἐν τῷ λαμβάνοντι. ἔτι ἐπεὶ πολλαχῶς τὸ ποιεῖν λέγεται, καὶ ἔστιν ὡς τὰ ἄψυχα κτείνει καὶ ἡ χεὶρ καὶ ὁ οἰκέτης ἐπιτάξαντος, οὐκ ἀδικεῖ μέν, ποιεῖ δὲ τὰ ἄδικα. ἔτι εἰ μὲν ἀγνοῶν ἔκρινεν, οὐκ ἀδικεῖ κατὰ τὸ νομικὸν δίκαιον οὐδʼ ἄδικος ἡ κρίσις ἐστίν, ἔστι δʼ ὡς ἄδικος· ἕτερον γὰρ τὸ νομικὸν δίκαιον καὶ τὸ πρῶτον· εἰ δὲ γινώσκων ἔκρινεν ἀδίκως, 1137a πλεονεκτεῖ καὶ αὐτὸς ἢ χάριτος ἢ τιμωρίας.
It is evident, too, that the distributor does wrong, but the one who has more does not always do so. For it is not the person who ends up with the unjust thing who does wrong, but the person who voluntarily does it; and that is the one in whom the action originates, which is the distributor, not the recipient. Again, since “doing” is said in many ways, and in one sense inanimate things kill, or a hand does, or a servant acting on orders, these do not do wrong, though they do unjust things. Again, if a judge gave his verdict in ignorance, he does not do wrong according to legal justice, nor is his verdict unjust—though in a way it is unjust, since legal justice is different from justice in the primary sense. But if he knowingly judged unjustly, 1137a he too is getting more than his share, either of gratitude or of revenge.
ὥσπερ οὖν κἂν εἴ τις μερίσαιτο τοῦ ἀδικήματος, καὶ ὁ διὰ ταῦτα κρίνας ἀδίκως πλέον ἔχει· καὶ γὰρ ἐπʼ ἐκείνῳ τὸν ἀγρὸν κρίνας οὐκ ἀγρὸν ἀλλʼ ἀργύριον ἔλαβεν. οἱ δʼ ἄνθρωποι ἐφʼ ἑαυτοῖς οἴονται εἶναι τὸ ἀδικεῖν· διὸ καὶ τὸ δίκαιον εἶναι ῥᾴδιον. τὸ δʼ οὐκ ἔστιν· συγγενέσθαι μὲν γὰρ τῇ τοῦ γείτονος καὶ πατάξαι τὸν πλησίον καὶ δοῦναι τῇ χειρὶ τὸ ἀργύριον ῥᾴδιον καὶ ἐπʼ αὐτοῖς, ἀλλὰ τὸ ὡδὶ ἔχοντας ταῦτα ποιεῖν οὔτε ῥᾴδιον οὔτʼ ἐπʼ αὐτοῖς.
So the man who judges unjustly for these reasons has more, just as if he had taken a share of the proceeds of the wrong; for someone who awards the field on those terms gets not a field but money. People think that doing wrong is up to them, and so they think that being just is easy too. But it isn’t. Sleeping with the neighbor’s wife, hitting the man next to you, handing over the bribe—these are easy and up to us; but doing them from a certain state of character is neither easy nor up to us.
ὁμοίως δὲ καὶ τὸ γνῶναι τὰ δίκαια καὶ τὰ ἄδικα οὐδὲν οἴονται σοφὸν εἶναι, ὅτι περὶ ὧν οἱ νόμοι λέγουσιν οὐ χαλεπὸν συνιέναι (ἀλλʼ οὐ ταῦτʼ ἐστὶ τὰ δίκαια ἀλλʼ ἢ κατὰ συμβεβηκός)· ἀλλὰ πῶς πραττόμενα καὶ πῶς νεμόμενα δίκαια, τοῦτο δὴ πλέον ἔργον ἢ τὰ ὑγιεινὰ εἰδέναι· ἐπεὶ κἀκεῖ μέλι καὶ οἶνον καὶ ἐλλέβορον καὶ καῦσιν καὶ τομὴν εἰδέναι ῥᾴδιον, ἀλλὰ πῶς δεῖ νεῖμαι πρὸς ὑγίειαν καὶ τίνι καὶ πότε, τοσοῦτον ἔργον ὅσον ἰατρὸν εἶναι. διʼ αὐτὸ δὲ τοῦτο καὶ τοῦ δικαίου οἴονται εἶναι οὐδὲν ἧττον τὸ ἀδικεῖν, ὅτι οὐχ ἧττον ὁ δίκαιος ἀλλὰ καὶ μᾶλλον δύναιτʼ ἂν ἕκαστον πρᾶξαι τούτων· καὶ γὰρ συγγενέσθαι γυναικὶ καὶ πατάξαι· καὶ ὁ ἀνδρεῖος τὴν ἀσπίδα ἀφεῖναι καὶ στραφεὶς ἐφʼ ὁποτεραοῦν τρέχειν.
Similarly, people think it takes no wisdom to know what is just and what is unjust, because it isn’t hard to understand what the laws say (though these are not the just things, except incidentally). But how actions must be done and distributions made in order to be just—that is a bigger task than knowing what is healthy. Even there it is easy to know about honey, wine, hellebore, cautery and surgery; but knowing how to dispense them to produce health, and to whom, and when, is as big a task as being a doctor. For this very reason people think that doing wrong belongs no less to the just person, since the just person would be no less able, and in fact more able, to do each of these things: to sleep with a woman, to hit someone; and the brave person could throw away his shield, turn, and run in any direction.
ἀλλὰ τὸ δειλαίνειν καὶ ἀδικεῖν οὐ τὸ ταῦτα ποιεῖν ἐστί, πλὴν κατὰ συμβεβηκός, ἀλλὰ τὸ ὡδὶ ἔχοντα ταῦτα ποιεῖν, ὥσπερ καὶ τὸ ἰατρεύειν καὶ τὸ ὑγιάζειν οὐ τὸ τέμνειν ἢ μὴ τέμνειν ἢ φαρμακεύειν ἢ μὴ φαρμακεύειν ἐστίν, ἀλλὰ τὸ ὡδί. ἔστι δὲ τὰ δίκαια ἐν τούτοις οἷς μέτεστι τῶν ἁπλῶς ἀγαθῶν, ἔχουσι δʼ ὑπερβολὴν ἐν τούτοις καὶ ἔλλειψιν· τοῖς μὲν γὰρ οὐκ ἔστιν ὑπερβολὴ αὐτῶν, οἷον ἴσως τοῖς θεοῖς, τοῖς δʼ οὐδὲν μόριον ὠφέλιμον, τοῖς ἀνιάτως κακοῖς, ἀλλὰ πάντα βλάπτει, τοῖς δὲ μέχρι τοῦ· διὰ τοῦτʼ ἀνθρώπινόν ἐστιν.
But being a coward or doing wrong is not doing these things, except incidentally; it is doing them from a certain state—just as practicing medicine and healing is not cutting or not cutting, giving drugs or not giving them, but doing so in a certain way. Just things exist among those who have a share in things good without qualification, and who can have too much or too little of them. For some beings can have no excess of these goods—the gods, perhaps; for others, the incurably bad, no portion of them is beneficial, but all of it does harm; and for others they are beneficial up to a point. That is why justice is something human.
Equity
Aristotle explains equity as a correction of law where its general rules fall short.
περὶ δὲ ἐπιεικείας καὶ τοῦ ἐπιεικοῦς, πῶς ἔχει ἡ μὲν ἐπιείκεια πρὸς δικαιοσύνην τὸ δʼ ἐπιεικὲς πρὸς τὸ δίκαιον, ἐχόμενόν ἐστιν εἰπεῖν. οὔτε γὰρ ὡς ταὐτὸν ἁπλῶς οὔθʼ ὡς ἕτερον τῷ γένει φαίνεται σκοπουμένοις· καὶ ὁτὲ μὲν τὸ ἐπιεικὲς ἐπαινοῦμεν καὶ ἄνδρα τὸν τοιοῦτον, ὥστε καὶ ἐπὶ τὰ ἄλλα 1137b ἐπαινοῦντες μεταφέρομεν ἀντὶ τοῦ ἀγαθοῦ, τὸ ἐπιεικέστερον ὅτι βέλτιον δηλοῦντες· ὁτὲ δὲ τῷ λόγῳ ἀκολουθοῦσι φαίνεται ἄτοπον εἰ τὸ ἐπιεικὲς παρὰ τὸ δίκαιόν τι ὂν ἐπαινετόν ἐστιν· ἢ γὰρ τὸ δίκαιον οὐ σπουδαῖον, ἢ τὸ ἐπιεικὲς οὐ δίκαιον, εἰ ἄλλο· ἢ εἰ ἄμφω σπουδαῖα, ταὐτόν ἐστιν.
Next we should discuss equity and the equitable: how equity is related to justice, and the equitable to the just. For when we examine them, they appear neither simply the same nor different in kind. Sometimes we praise the equitable, and the man who is equitable, so much that we even carry the word over to other things 1137b when we praise them, using it in place of “good” and signaling by “more equitable” that something is better. At other times, when we follow the argument through, it seems odd if the equitable, being something apart from the just, is praiseworthy. For either the just is not excellent, or the equitable is not just, if it is something different; or, if both are excellent, they are the same.
ἡ μὲν οὖν ἀπορία σχεδὸν συμβαίνει διὰ ταῦτα περὶ τὸ ἐπιεικές, ἔχει δʼ ἅπαντα τρόπον τινὰ ὀρθῶς καὶ οὐδὲν ὑπεναντίον ἑαυτοῖς· τό τε γὰρ ἐπιεικὲς δικαίου τινὸς ὂν βέλτιόν ἐστι δίκαιον, καὶ οὐχ ὡς ἄλλο τι γένος ὂν βέλτιόν ἐστι τοῦ δικαίου. ταὐτὸν ἄρα δίκαιον καὶ ἐπιεικές, καὶ ἀμφοῖν σπουδαίοιν ὄντοιν κρεῖττον τὸ ἐπιεικές. ποιεῖ δὲ τὴν ἀπορίαν ὅτι τὸ ἐπιεικὲς δίκαιον μέν ἐστιν, οὐ τὸ κατὰ νόμον δέ, ἀλλʼ ἐπανόρθωμα νομίμου δικαίου. αἴτιον δʼ ὅτι ὁ μὲν νόμος καθόλου πᾶς, περὶ ἐνίων δʼ οὐχ οἷόν τε ὀρθῶς εἰπεῖν καθόλου. ἐν οἷς οὖν ἀνάγκη μὲν εἰπεῖν καθόλου, μὴ οἷόν τε δὲ ὀρθῶς, τὸ ὡς ἐπὶ τὸ πλέον λαμβάνει ὁ νόμος, οὐκ ἀγνοῶν τὸ ἁμαρτανόμενον.
These, roughly, are the considerations that create the difficulty about the equitable. Yet all of them are in a way correct, and none contradicts the others. The equitable, while better than one kind of just, is just; it is not better than the just by being something of a different kind. So the just and the equitable are the same, and while both are excellent, the equitable is superior. What creates the difficulty is that the equitable is just, but not just according to law; it is a correction of legal justice. The reason is that all law is universal, but about some things it is not possible to speak correctly in universal terms. So in cases where it is necessary to speak universally but not possible to do so correctly, the law takes what holds for the most part, not unaware of the error this involves.
καὶ ἔστιν οὐδὲν ἧττον ὀρθός· τὸ γὰρ ἁμάρτημα οὐκ ἐν τῷ νόμῳ οὐδʼ ἐν τῷ νομοθέτῃ ἀλλʼ ἐν τῇ φύσει τοῦ πράγματός ἐστιν· εὐθὺς γὰρ τοιαύτη ἡ τῶν πρακτῶν ὕλη ἐστίν. ὅταν οὖν λέγῃ μὲν ὁ νόμος καθόλου, συμβῇ δʼ ἐπὶ τούτου παρὰ τὸ καθόλου, τότε ὀρθῶς ἔχει, ᾗ παραλείπει ὁ νομοθέτης καὶ ἥμαρτεν ἁπλῶς εἰπών, ἐπανορθοῦν τὸ ἐλλειφθέν, ὃ κἂν ὁ νομοθέτης αὐτὸς ἂν εἶπεν ἐκεῖ παρών, καὶ εἰ ᾔδει, ἐνομοθέτησεν. διὸ δίκαιον μέν ἐστι, καὶ βέλτιόν τινος δικαίου, οὐ τοῦ ἁπλῶς δὲ ἀλλὰ τοῦ διὰ τὸ ἁπλῶς ἁμαρτήματος. καὶ ἔστιν αὕτη ἡ φύσις ἡ τοῦ ἐπιεικοῦς, ἐπανόρθωμα νόμου, ᾗ ἐλλείπει διὰ τὸ καθόλου. τοῦτο γὰρ αἴτιον καὶ τοῦ μὴ πάντα κατὰ νόμον εἶναι, ὅτι περὶ ἐνίων ἀδύνατον θέσθαι νόμον, ὥστε ψηφίσματος δεῖ.
And it is no less correct for that. The error lies not in the law, nor in the lawmaker, but in the nature of the thing, since the material of practical matters is simply like that. So when the law speaks universally, and a case arises that falls outside the universal, then it is right—where the lawmaker has left a gap and erred by speaking without qualification—to correct the omission: to say what the lawmaker himself would have said had he been present, and would have written into law had he known. That is why the equitable is just, and better than one kind of just—not better than the just without qualification, but than the error that arises from its being stated without qualification. And this is the nature of the equitable: a correction of law where it falls short because of its universality. This is also the reason why not everything is governed by law: about some things it is impossible to lay down a law, so that a decree is needed.
τοῦ γὰρ ἀορίστου ἀόριστος καὶ ὁ κανών ἐστιν, ὥσπερ καὶ τῆς Λεσβίας οἰκοδομίας ὁ μολίβδινος κανών· πρὸς γὰρ τὸ σχῆμα τοῦ λίθου μετακινεῖται καὶ οὐ μένει ὁ κανών, καὶ τὸ ψήφισμα πρὸς τὰ πράγματα. τί μὲν οὖν ἐστὶ τὸ ἐπιεικές, καὶ ὅτι δίκαιον καὶ τινὸς βέλτιον δικαίου, δῆλον. φανερὸν δʼ ἐκ τούτου καὶ ὁ ἐπιεικὴς τίς ἐστιν· ὁ γὰρ τῶν τοιούτων προαιρετικὸς καὶ πρακτικός, καὶ 1138a ὁ μὴ ἀκριβοδίκαιος ἐπὶ τὸ χεῖρον ἀλλʼ ἐλαττωτικός, καίπερ ἔχων τὸν νόμον βοηθόν, ἐπιεικής ἐστι, καὶ ἡ ἕξις αὕτη ἐπιείκεια, δικαιοσύνη τις οὖσα καὶ οὐχ ἑτέρα τις ἕξις.
For when a thing is indefinite, the rule for it is indefinite too, like the lead rule used in Lesbian building: the rule shifts to fit the shape of the stone and does not stay fixed, and so the decree adapts to the facts. So it is clear what the equitable is, and that it is just and better than one kind of just. From this it is also evident who the equitable person is: someone who decides on and does such things, and 1138a who does not insist on the strict letter of justice to the detriment of others but tends to take less, even though he has the law on his side, is equitable; and this state is equity, which is a kind of justice and not some different state.
πότερον δʼ ἐνδέχεται ἑαυτὸν ἀδικεῖν ἢ οὔ, φανερὸν ἐκ τῶν εἰρημένων. τὰ μὲν γάρ ἐστι τῶν δικαίων τὰ κατὰ πᾶσαν ἀρετὴν ὑπὸ τοῦ νόμου τεταγμένα, οἷον οὐ κελεύει ἀποκτιννύναι ἑαυτὸν ὁ νόμος, ἃ δὲ μὴ κελεύει, ἀπαγορεύει. ἔτι ὅταν παρὰ τὸν νόμον βλάπτῃ μὴ ἀντιβλάπτων ἑκών, ἀδικεῖ, ἑκὼν δὲ ὁ εἰδὼς καὶ ὃν καὶ ᾧ· ὁ δὲ διʼ ὀργὴν ἑαυτὸν σφάττων ἑκὼν τοῦτο δρᾷ παρὰ τὸν ὀρθὸν λόγον, ὃ οὐκ ἐᾷ ὁ νόμος· ἀδικεῖ ἄρα. ἀλλὰ τίνα; ἢ τὴν πόλιν, αὑτὸν δʼ οὔ; ἑκὼν γὰρ πάσχει, ἀδικεῖται δʼ οὐδεὶς ἑκών. διὸ καὶ ἡ πόλις ζημιοῖ, καί τις ἀτιμία πρόσεστι τῷ ἑαυτὸν διαφθείραντι ὡς τὴν πόλιν ἀδικοῦντι.
Whether or not it is possible to wrong oneself is evident from what has been said. One class of just things consists of those, in accordance with each excellence, that are prescribed by law; for example, the law does not command anyone to kill himself, and what it does not command, it forbids. Again, when someone voluntarily does harm contrary to the law, not in retaliation, he does wrong—and a voluntary agent is one who knows both whom he affects and with what. Now someone who cuts his own throat in anger does this voluntarily, contrary to correct reason, which the law does not permit; so he does wrong. But to whom? To the city, surely, not to himself? For he suffers voluntarily, and no one is wronged voluntarily. That is why the city also penalizes him, and a certain dishonor attaches to someone who has destroyed himself, as one who wrongs the city.
ἔτι καθʼ ὃ ἄδικος μόνον ὁ ἀδικῶν καὶ μὴ ὅλως φαῦλος, οὐκ ἔστιν ἀδικῆσαι ἑαυτόν (τοῦτο γὰρ ἄλλος ἐκείνου· ἔστι γάρ πως ὁ ἄδικος οὕτω πονηρὸς ὥσπερ ὁ δειλός, οὐχ ὡς ὅλην ἔχων τὴν πονηρίαν, ὥστʼ οὐδὲ κατὰ ταύτην ἀδικεῖ)· ἅμα γὰρ ἂν τῷ αὐτῷ εἴη ἀφῃρῆσθαι καὶ προσκεῖσθαι τὸ αὐτό· τοῦτο δὲ ἀδύνατον, ἀλλʼ ἀεὶ ἐν πλείοσιν ἀνάγκη εἶναι τὸ δίκαιον καὶ τὸ ἄδικον. ἔτι δὲ ἑκούσιόν τε καὶ ἐκ προαιρέσεως καὶ πρότερον· ὁ γὰρ διότι ἔπαθε καὶ τὸ αὐτὸ ἀντιποιῶν οὐ δοκεῖ ἀδικεῖν· αὐτὸς δʼ αὑτόν, ταὐτὰ ἅμα καὶ πάσχει καὶ ποιεῖ. ἔτι εἴη ἂν ἑκόντα ἀδικεῖσθαι. πρὸς δὲ τούτοις, ἄνευ τῶν κατὰ μέρος ἀδικημάτων οὐδεὶς ἀδικεῖ, μοιχεύει δʼ οὐδεὶς τὴν ἑαυτοῦ οὐδὲ τοιχωρυχεῖ τὸν ἑαυτοῦ τοῖχον οὐδὲ κλέπτει τὰ αὑτοῦ.
Again, in the sense in which someone who does wrong is merely unjust, and not bad in every way, it is not possible to wrong oneself. (This sense is different from the other: the unjust person is in a way bad in the same manner as the coward, not as having badness as a whole, so it is not in respect of badness as a whole that he does wrong either.) For then the same thing would at the same time have been taken from and added to the same person, and this is impossible; the just and the unjust always require more than one person. Again, doing wrong is voluntary, by decision, and comes first; someone who does the same thing back because he has suffered it is not thought to do wrong. But someone who wrongs himself suffers and does the same things at the same time. Again, it would then be possible to be wronged voluntarily. Besides, no one does wrong without committing some particular kind of wrong; but no one commits adultery with his own wife, or breaks through his own wall, or steals his own property.
ὅλως δὲ λύεται τὸ αὑτὸν ἀδικεῖν καὶ κατὰ τὸν διορισμὸν τὸν περὶ τοῦ ἑκουσίως ἀδικεῖσθαι. φανερὸν δὲ καὶ ὅτι ἄμφω μὲν φαῦλα, καὶ τὸ ἀδικεῖσθαι καὶ τὸ ἀδικεῖν (τὸ μὲν γὰρ ἔλαττον τὸ δὲ πλέον ἔχειν ἐστὶ τοῦ μέσου καὶ ὥσπερ ὑγιεινὸν μὲν ἐν ἰατρικῇ, εὐεκτικὸν δὲ ἐν γυμναστικῇ)· ἀλλʼ ὅμως χεῖρον τὸ ἀδικεῖν· τὸ μὲν γὰρ ἀδικεῖν μετὰ κακίας καὶ ψεκτόν, καὶ κακίας ἢ τῆς τελείας καὶ ἁπλῶς ἢ ἐγγύς (οὐ γὰρ ἅπαν τὸ ἑκούσιον μετὰ ἀδικίας), τὸ δʼ ἀδικεῖσθαι ἄνευ κακίας καὶ ἀδικίας. καθʼ αὑτὸ μὲν οὖν τὸ ἀδικεῖσθαι ἧττον φαῦλον, 1138b κατὰ συμβεβηκὸς δʼ οὐδὲν κωλύει μεῖζον εἶναι κακόν.
In general, the question of wronging oneself is also resolved by the distinction we drew about being wronged voluntarily. It is evident, too, that both are bad, being wronged and doing wrong (for one is having less and the other having more than the mean, as with what is healthy in medicine and what makes for fitness in athletic training). Still, doing wrong is worse. Doing wrong involves badness and is blameworthy—badness that is either complete and unqualified or close to it (for not every voluntary act involves injustice)—while being wronged involves no badness or injustice. In itself, then, being wronged is less bad, 1138b but nothing prevents it from being incidentally a greater evil.
ἀλλʼ οὐδὲν μέλει τῇ τέχνῃ, ἀλλὰ πλευρῖτιν λέγει μείζω νόσον προσπταίσματος· καίτοι γένοιτʼ ἄν ποτε θάτερον κατὰ συμβεβηκός, εἰ προσπταίσαντα διὰ τὸ πεσεῖν συμβαίη ὑπὸ τῶν πολεμίων ληφθῆναι ἢ ἀποθανεῖν. κατὰ μεταφορὰν δὲ καὶ ὁμοιότητα ἔστιν οὐκ αὐτῷ πρὸς αὑτὸν δίκαιον ἀλλὰ τῶν αὐτοῦ τισίν, οὐ πᾶν δὲ δίκαιον ἀλλὰ τὸ δεσποτικὸν ἢ τὸ οἰκονομικόν. ἐν τούτοις γὰρ τοῖς λόγοις διέστηκε τὸ λόγον ἔχον μέρος τῆς ψυχῆς πρὸς τὸ ἄλογον· εἰς ἃ δὴ βλέπουσι καὶ δοκεῖ εἶναι ἀδικία πρὸς αὑτόν, ὅτι ἐν τούτοις ἔστι πάσχειν τι παρὰ τὰς ἑαυτῶν ὀρέξεις· ὥσπερ οὖν ἄρχοντι καὶ ἀρχομένῳ εἶναι πρὸς ἄλληλα δίκαιόν τι καὶ τούτοις. περὶ μὲν οὖν δικαιοσύνης καὶ τῶν ἄλλων, τῶν ἠθικῶν ἀρετῶν, διωρίσθω τὸν τρόπον τοῦτον.
But the craft doesn’t concern itself with that: it calls pleurisy a worse illness than a stumble, even though the stumble might sometimes turn out incidentally worse—if, say, a man stumbled, fell, and as a result was captured by the enemy or killed. By metaphor and resemblance there is a justice not between a person and himself but between certain parts of him—not every kind of justice, but the kind between master and slave, or within a household. For in these discussions the part of the soul that has reason is set apart from the non-rational part. It is with these parts in view that there seems to be such a thing as injustice toward oneself, because they can suffer something contrary to their own desires; so there is thought to be a kind of justice between them, as between ruler and ruled. Let this, then, be our account of justice and the other excellences, those of character.