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🎯 Nicomachean Ethics · Book V · 1129a–1130b

1129a In regard to Justice1 and Injustice, we have to enquire what sort of actions precisely they are concerned with, in what sense Justice is the observance of a mean, and what are the extremes between which that which is just is a mean. Our enquiry may follow the same procedure as our preceding investigations. Now we observe that everybody means by Justice that moral disposition which renders men apt to do just things, and which causes them to act justly and to wish what is just; and similarly by Injustice that disposition which makes men act unjustly and wish what is unjust. Let us then assume this definition to start with as broadly correct. The fact is that it is not the same with dispositions as with sciences and faculties. It seems that the same faculty or science deals with opposite things2; but a disposition or condition which produces a certain result does not also produce the opposite results; for example, health does not give rise to unhealthy actions, but only to healthy ones: healthy walking means walking as a healthy man would walk.3 Hence4 sometimes the nature of one of two opposite dispositions is inferred from the other, sometimes dispositions are known from the things in which they are found; for instance, if we know what good bodily condition is, we know from this what bad condition is as well, but we also know what good condition is from bodies in good condition, and know what bodies are in good condition from knowing what good condition is. Thus, supposing good condition is firmness of flesh, bad condition must be flabbiness of flesh, and a diet productive of good condition5 must be a diet producing firmness of flesh. Also, if one of two correlative groups of words is used in several senses, it follows as a rule that the other is used in several senses too: for example, if “just” has more than one meaning, so also has “unjust” and “Injustice.” Now it appears that the terms Justice and Injustice are used in several senses, but as the equivocal uses are closely connected, the equivocation is not detected; whereas in the case of widely different things called by a common name, the equivocation is comparatively obvious: for example (the difference being considerable when it is one of external form), the equivocal use of the word kleis (key) to denote both the bone6 at the base of the neck and the instrument with which we lock our doors. Let us then ascertain in how many senses a man is said to be “unjust.” Now the term “unjust” is held to apply both to the man who breaks the law and the man who takes more than his due, the unfair7 man. Hence it is clear that the law-abiding man and the fair man will both be just. “The just” therefore means that which is lawful and that which is equal or fair, and “the unjust” means that which is illegal and that which is unequal or unfair. 1129bAgain, as the unjust man is one who takes the larger share, he will be unjust in respect of good things; not all good things, but those on which good and bad fortune depend. These though always good in the absolute sense, are not always good for a particular person. Yet these are the goods men pray for and pursue, although they ought not to do so; they ought, while choosing the things that are good for them, to pray that what is good absolutely may also be good for them. The unjust man does not however always choose the larger share: of things that, speaking absolutely, are bad he chooses the smaller share; but nevertheless he is thought to take more than his due, because the lesser of two evils seems in a sense to be a good, and taking more than one’s due means taking more than one’s due of good. Let us call him “unfair,” for that is a comprehensive term, and includes both taking too much of good things and too little of bad things.8 Again, we saw that the law-breaker is unjust and the law-abiding man just. It is therefore clear that all lawful things are just in one sense of the word, for what is lawful is decided by legislature, and the several decisions of the legislature we call rules of justice. Now all the various pronouncements of the law aim either at the common interest of all, or at the interest of a ruling class determined either by excellence or in some other similar way; so that in one of its senses the term “just” is applied to anything that produces and preserves the happiness, or the component parts of the happiness, of the political community. But the law also prescribes certain conduct: the conduct of a brave man, for example not to desert one’s post, not to run away, not to throw down one’s arms; that of a temperate man, for example not to commit adultery or outrage; that of a gentle man, for example not to strike, not to speak evil; and so with actions exemplifying the rest of the virtues and vices, commanding these and forbidding those—rightly if the law has been rightly enacted, not so well if it has been made at random. Justice then in this sense is perfect Virtue, though with a qualification, namely that it is displayed towards others. This is why Justice is often thought to be the chief of the virtues, and more sublime “or than the evening or the morning star”9; and we have the proverb— In Justice is all Virtue found in sum.Theog. 147. And Justice is perfect virtue because it is the practice of perfect virtue; and perfect in a special degree,10 because its possessor can practise his virtue towards others and not merely by himself; for there are many who can practise virtue in their own private affairs but cannot do so in their relations with another. 1130aThis is why we approve the saying of Bias, “Office will show a man”; for in office one is brought into relation with others and becomes a member of a community. The same reason, namely that it involves relationship with someone else, accounts for the view11 that Justice alone of the virtues is “the good of others,” because it does what is for the advantage of another, either a ruler or an associate. As then the worst man is he who practises vice towards his friends as well as in regard to himself, so the best is not he who practises virtue in regard to himself but he who practises it towards others; for that is a difficult task. Justice in this sense then is not a part of Virtue, but the whole of Virtue; and its opposite Injustice is not a part of Vice but the whole of Vice (the distinction between Virtue and Justice in this sense being clear from what has been said: they are the same quality of mind, but their essence is different12; what as displayed in relation to others is Justice, as being simply a disposition of a certain kind is Virtue).

What we are investigating, however, is the Justice which is a part of Virtue, since we hold that there is such a thing as Justice in this sense; and similarly we are investigating Injustice in the particular sense. The existence of the latter is proved by the following considerations: (1) When a man displays the other vices—for instance, throws away his shield, from Cowardice, or uses abusive language, from Bad Temper, or refuses to assist a friend with money, from Meanness—though he acts unjustly, he is not taking more than his share of anything; whereas when a man takes more than his share, it is frequently not due to any of these vices, and certainly not to all of them, yet nevertheless the action does display some vice, since we blame it; in fact it displays the vice of Injustice. Therefore there is another sort of Injustice, which is a part of Injustice in the universal sense, and there is something unjust which is a part of the unjust in general, or illegal. (2) Again, suppose two men to commit adultery, one for profit, and gaining by the act, the other from desire, and having to pay, and so losing by it: then the latter would be deemed to be a profligate rather than a man who takes more than his due, while the former would be deemed unjust, but not profligate; clearly therefore it is being done for profit that makes the action unjust. (3) Again, whereas all other unjust acts are invariably ascribed to some particular vice—for example, adultery is put down to Profligacy, desertion from the ranks to Cowardice, assault to Anger—an unjust act by which a man has profited is not attributed to any vice except Injustice. Hence it is manifest that there is another sort of Injustice besides universal Injustice, the former being a part of the latter. It is called by the same name because its definition falls in the same genus, 1130bboth sorts of Injustice being exhibited in a man’s relation to others; but whereas Injustice in the particular sense is concerned with honor or money or security, or whatever term we may employ to include all these things, its motive being the pleasure of gain, Injustice in the universal sense is concerned with all the things that are the sphere of Virtue. Thus it is clear that there are more kinds of Justice than one, and that the term has another meaning besides Virtue as a whole. We have then to ascertain the nature and attributes of Justice in this special sense. Now we have distinguished two meanings of “the unjust,” namely the unlawful and the unequal or unfair, and two meanings of “the just,” namely the lawful and the equal or fair. Injustice then, in the sense previously mentioned, corresponds to the meaning “unlawful”; but since the unfair is not the same as the unlawful, but different from it, and related to it as part to whole (for not everything unlawful is unfair, though everything unfair is unlawful), so also the unjust and Injustice in the particular sense are not the same as the unjust and Injustice in the universal sense, but different from them, and related to them as part to whole; for Injustice in this sense is a part of universal Injustice, and similarly the Justice we are now considering is a part of universal Justice. We have therefore to discuss Justice and Injustice, and the just and unjust, in the particular sense. We may then set aside that Justice which is coextensive with virtue in general, being the practice of virtue in general towards someone else, and that Injustice which is the practice of vice in general towards someone else. It is also clear how we should define what is just and unjust in the corresponding senses. For the actions that spring from virtue in general are in the main identical with the actions that are according to law, since the law enjoins conduct displaying the various particular virtues and forbids conduct displaying the various particular vices. Also the regulations laid down for the education that fits a man for social life are the rules productive of virtue in general. As for the education of the individual as such, that makes a man simply a good man, the question whether this is the business of Political Science or of some other science must be determined later: for it would seem that to be a good man is not in every case the same thing as to be a good citizen.13 Particular Justice on the other hand, and that which is just in the sense corresponding to it, is divided into two kinds. One kind is exercised in the distribution of honor, wealth, and the other divisible assets of the community, which may be allotted among its members in equal or unequal shares. 1131aThe other kind is that which supplies a corrective principle in private transactions. This Corrective Justice again has two sub-divisions, corresponding to the two classes of private transactions, those which are voluntary and those which are involuntary.14 Examples of voluntary transactions are selling, buying, lending at interest, pledging, lending without interest, depositing, letting for hire; these transactions being termed voluntary because they are voluntarily entered upon.15 Of involuntary transactions some are furtive, for instance, theft, adultery, poisoning, procuring, enticement of slaves, assassination, false witness; others are violent, for instance, assault, imprisonment, murder, robbery with violence, maiming, abusive language, contumelious treatment.

Page 21 of 49 · Nicomachean Ethics, Aristotle , tr. H. Rackham · Perseus Digital Library