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🎯 Nicomachean Ethics · Book V · 1135a–1136b

Political Justice is of two kinds, one natural, the other conventional. A rule of justice is natural that has the same validity everywhere, and does not depend on our accepting it or not. A rule is conventional that in the first instance may be settled in one way or the other indifferently, though having once been settled it is not indifferent: for example, that the ransom for a prisoner shall be a mina, that a sacrifice shall consist of a goat and not of two sheep; and any regulations enacted for particular cases, for instance the sacrifice in honor of Brasidas,1 and ordinances in the nature of special decrees. Some people think that all rules of justice are merely conventional, because whereas a law of nature is immutable and has the same validity everywhere, as fire burns both here and in Persia, rules of justice are seen to vary. That rules of justice vary is not absolutely true, but only with qualifications. Among the gods indeed it is perhaps not true at all; but in our world,2 although there is such a thing as Natural Justice, all rules of justice are variable. But nevertheless there is such a thing as Natural Justice as well as justice not ordained by nature; and it is easy3 to see which rules of justice, though not absolute, are natural, and which are not natural but legal and conventional, both sorts alike being variable. The same distinction will hold good in all other matters; for instance, the right hand is naturally stronger than the left, yet it is possible for any man to make himself ambidextrous. The rules of justice based on convention and expediency 1135aare like standard measures. Corn and wine measures are not equal in all places, but are larger in wholesale and smaller in retail markets. Similarly the rules of justice ordained not by nature but by man are not the same in all places, since forms of government are not the same, though in all places there is only one form of government that is natural, namely, the best form. The several rules of justice and of law are related to the actions conforming with them as universals to particulars, for the actions done are many, while each rule or law is one, being universal. There is a difference between “that which is unjust” and “unjust conduct,” and between “that which is just” and “just conduct.” Nature or ordinance pronounces a thing unjust: when that thing is done, it is “unjust conduct”; till it is done, it is only “unjust.” And similarly with “just conduct,” a dikaioma (or more correctly, the general term is dikaiopragema, dikaioma denoting the rectification of an act of injustice). We shall have later4 to consider the several rules of justice and of law, and to enumerate their various kinds and describe them and the things with which they deal.

Such being an account of just and unjust actions, it is their voluntary performance that constitutes just and unjust conduct. If a man does them involuntarily, he cannot be said to act justly, or unjustly, except incidentally, in the sense that he does an act which happens to be just or unjust. Whether therefore an action is or is not an act of injustice, or of justice, depends on its voluntary or involuntary character. When it is involuntary, the agent is blamed, and only in that case is the action an act of injustice; so that it is possible for an act to be unjust without being an act of injustice, if the qualification of voluntariness be absent. By a voluntary action, as has been said before,5 I mean any action within the agent’s own control which he performs knowingly, that is, without being in ignorance of the person affected, the instrument employed, and the result (for example, he must know whom he strikes, and with what weapon, and the effect of the blow); and in each of these respects both accident6 and compulsion must be excluded. For instance, if A took hold of B’s hand and with it struck C, B would not be a voluntary agent, since the act would not be in his own control. Or again, a man may strike his father without knowing that it is his father, though aware that he is striking some person, and perhaps that it is one or other of the persons present7; and ignorance may be similarly defined with reference to the result, and to the circumstances of the action generally. An involuntary act is therefore an act done in ignorance, or else one that though not done in ignorance is not in the agent’s control, or is done under compulsion; since there are many natural processes too 1135bthat we perform or undergo knowingly, though none of them is either voluntary or involuntary8; for example, growing old, and dying. Also an act may be either just or unjust incidentally. A man may restore a deposit unwillingly and from fear of consequences, and we must not then say that he does a just act, nor that he acts justly, except incidentally; and similarly a man who under compulsion and against his will fails to restore a deposit can only be said to act unjustly or do what is unjust incidentally. Again voluntary acts are divided into acts done by choice and those done not by choice, the former being those done after deliberation and the latter those done without previous deliberation. There are then three ways9 in which a man may injure his fellow. An injury done in ignorance is an error, the person affected or the act or the instrument or the result being other than the agent supposed; for example, he did not think to hit, or not with this missile, or not this person, or not with this result, but it happened that either the result was other than he expected (for instance he did not mean to inflict a wound but only a prick), or the person, or the missile. When then the injury happens contrary to reasonable expectation, it is (1) a misadventure. When, though not contrary to reasonable expectation, it is done without evil intent, it is (2) a culpable error; for an error is culpable when the cause of one’s ignorance lies in oneself, but only a misadventure when the cause lies outside oneself. When an injury is done knowingly but not deliberately, it is (3) an act of injustice or wrong; such, for instance, are injuries done through anger, or any other unavoidable or natural passion to which men are liable; since in committing these injuries and errors a man acts unjustly, and his action is an act of injustice, but he is not ipso facto unjust or wicked, for the injury was not done out of wickedness. When however an injury is done from choice, the doer is unjust and wicked. Hence acts due to sudden anger are rightly held not to be done of malice aforethought, for it is the man who gave the provocation that began it, not he who does the deed in a fit of passion. And moreover the issue is not one of fact, but of justification (since it is apparent injustice that arouses anger); the fact of the injury is not disputed (as it is in cases of contract, where one or the other of the parties must be a knave, unless they dispute the facts out of forgetfulness). They agree as to the facts but dispute on which side justice lies so that one thinks he has been unjustly treated and the other does not. On the other hand, one who has planned an injury is not acting in ignorance;10 1136abut if a man does an injury of set purpose, he is guilty of injustice, and injustice of the sort that renders the doer an unjust man, if it be an act that violates proportion or equality. Similarly one who acts justly on purpose is a just man; but he acts justly only if he acts voluntarily. Of involuntary actions some are pardonable and some are not. Errors not merely committed in ignorance but caused by ignorance are pardonable; those committed in ignorance, but caused not by that ignorance but by unnatural or inhuman passion, are unpardonable.

But it may perhaps be doubted whether our discussion of suffering and doing injustice has been sufficiently definite; and in the first place, whether the matter really is as Euripides has put it in the strange lines11I killed my mother—that’s the tale in brief! Were you both willing, or unwilling both? Is it really possible to suffer injustice12 voluntarily, or on the contrary is suffering injustice always involuntary, just as acting unjustly is always voluntary? And again, is suffering injustice always voluntary, or always involuntary, or sometimes one and sometimes the other? And similarly with being treated justly (acting justly being always voluntary). Thus it would be reasonable to suppose that both being treated unjustly and being treated justly are similarly opposed to acting unjustly and acting justly respectively: that either both are voluntary or both involuntary. But it would seem paradoxical to assert that even being treated justly is always voluntary; for people are sometimes treated justly against their will. The fact is that the further question might be raised, must a man who has had an unjust thing done to him always be said to have been treated unjustly, or does the same thing hold good of suffering as of doing something unjust? One may be a party to a just act, whether as its agent or its object, incidentally.13 And the same clearly is true of an unjust act: doing what is unjust is not identical with acting unjustly, nor yet is suffering what is unjust identical with being treated unjustly, and the same is true of acting and being treated justly; for to be treated unjustly requires someone who acts unjustly, and to be treated justly requires someone who acts justly. But if to act unjustly is simply to do harm voluntarily, and voluntarily means knowing the person affected, the instrument, and the manner of injury, it will follow both that the man of defective self-restraint, inasmuch as he voluntarily harms himself, voluntarily suffers injustice, and also that it is possible for a man to act unjustly towards himself 1136b(for the possibility of this is also a debated question). Moreover, lack of self-restraint may make a person voluntarily submit to being harmed by another; which again would prove that it is possible to suffer injustice voluntarily. But perhaps this definition of acting unjustly is incorrect, and we should add to the words “to do harm knowing the person affected, the instrument and the manner” the further qualification “against that person’s wish.” If so, though a man can be harmed and can have an unjust thing done to him voluntarily, no one can suffer injustice voluntarily, because no one can wish to be harmed: even the unrestrained man does not, but acts contrary to his wish, since no one wishes for a thing that he does not think to be good, and the unrestrained man does what he thinks he ought not to do. One who gives away what is his own—as Homer14 says that Glaucus gave to Diomede golden arms for bronze, An hundred beeves’ worth for the worth of nine— cannot be said to suffer injustice; for giving rests with oneself, suffering injustice does not—there has to be another person who acts unjustly. It is clear then that it is not possible to suffer injustice voluntarily. There still remain two of the questions that we proposed to discuss: (1) Is it ever he who gives the unduly large share, or is it always he who receives it, that is guilty of the injustice? and (2) Can one act unjustly towards oneself? If the former alternative is possible, that is, if it may be the giver and not the receiver of too large a share who acts unjustly, then when a man knowingly and voluntarily assigns a larger share to another than to himself— as modest people are thought to do, for an equitable man is apt to take less than his due—this is a case of acting unjustly towards oneself. But perhaps this also requires qualification. For the man who gave himself the smaller share may possibly have got a larger share of some other good thing, for instance glory, or intrinsic moral nobility. Also the inference may be refuted by referring to our definition of acting unjustly: in the case supposed, the distributor has nothing done to him against his wish; therefore he does not suffer injustice merely because he gets the smaller share: at most he only suffers damage. And it is clear that the giver as well as the receiver of an undue share may be acting unjustly, and that the receiver is not doing so in all cases. For the charge of injustice attaches, not to a man of whom it can be said that he does what is unjust, but to one of whom it can be said that he does this voluntarily, that is to say one from whom the action originates; and the origin of the act in this case lies in the giver and not in the receiver of the share. Again, “to do a thing” has more than one meaning. In a certain sense a murder is done by the inanimate instrument, or by the murderer’s hand, or by a slave acting under orders. But though these do what is unjust, they cannot be said to act unjustly.15 Again, although if a judge has given an unfair judgement in ignorance, he is not guilty of injustice, nor is the judgement unjust, in the legal sense of justice (though the judgement is unjust in one sense, for legal justice is different from justice in the primary sense), yet if he knowingly gives an unjust judgement, 1137ahe is himself taking more than his share, either of favor or of vengeance. Hence a judge who gives an unjust judgement for these motives takes more than his due just as much as if he shared the proceeds of the injustice; for even a judge who assigns a piece of land on that condition does not receive land but money. Men think that it is in their power to act unjustly and therefore that it is easy to be just. But really this is not so. It is easy to lie with one’s neighbor’s wife or strike a bystander or slip some money into a man’s hand, and it is in one’s power to do these things or not; but to do them as a result of a certain disposition of mind is not easy, and is not in one’s power. Similarly men suppose it requires no special wisdom to know what is just and what is unjust, because it is not difficult to understand the pronouncements of the law. But the actions prescribed by law are only accidentally just actions. How an action must be performed, how a distribution must be made to be a just action or a just distribution—to know this is a harder task than to know what medical treatment will produce health. Even in medicine, though it is easy to know what honey, wine and hellebore, cautery and surgery are, to know how and to whom and when to apply them so as to effect a cure is no less an undertaking than to be a physician. And for this very reason16 men think that the just man will act unjustly no less than justly, because the just man is not less but rather more able than another to do any particular unjust thing: for example, he can lie with a woman, or strike a blow, and a brave man can throw away his shield, and can wheel to the right or left and run away. But to be a coward and to be guilty of injustice consists not in doing these things (except accidentally), but in doing them from a certain disposition of mind; just as to be a physician and cure one’s patients is not a matter of employing or not employing surgery or drugs, but of doing so in a certain manner. Claims of justice exist between persons who share in things generally speaking good, and who can have too large a share or too small a share of them. There are persons who cannot have too large a share of these goods: doubtless, for example, the gods. And there are those who can derive no benefit from any share of them: namely, the incurably vicious; to them all the things generally good are harmful. But for others they are beneficial within limits; and this is the case with ordinary mortals.

Page 24 of 49 · Nicomachean Ethics, Aristotle , tr. H. Rackham · Perseus Digital Library