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🎯 Nicomachean Ethics · Book V · 1137b–1138b

We have next to speak of Equity and the equitable, and of their relation to Justice and to what is just respectively. For upon examination it appears that Justice and Equity are neither absolutely identical nor generically different. Sometimes, it is true, we praise equity and the equitable man, so much so that we even apply the word “equitable”1 1137bas a term of approval to other things besides what is just, and use it as the equivalent of “good,” denoting by “more equitable” merely that a thing is better. Yet at other times, when we think the matter out, it seems strange that the equitable should be praiseworthy if it is something other than the just. If they are different, either the just or the equitable is not good; if both are good, they are the same thing. These then are the considerations, more or less, from which the difficulty as to the equitable arises. Yet they are all in a manner correct, and not really inconsistent. For equity, while superior to one sort of justice, is itself just: it is not superior to justice as being generically different from it. Justice and equity are therefore the same thing, and both are good, though equity is the better. The source of the difficulty is that equity, though just, is not legal justice, but a rectification of legal justice. The reason for this is that law is always a general statement, yet there are cases which it is not possible to cover in a general statement. In matters therefore where, while it is necessary to speak in general terms, it is not possible to do so correctly, the law takes into consideration the majority of cases, although it is not unaware of the error this involves. And this does not make it a wrong law; for the error is not in the law nor in the lawgiver, but in the nature of the case: the material of conduct is essentially irregular. When therefore the law lays down a general rule, and thereafter a case arises which is an exception to the rule, it is then right, where the Iawgiver’s pronouncement because of its absoluteness is defective and erroneous, to rectify the defect by deciding as the lawgiver would himself decide if he were present on the occasion, and would have enacted if he had been cognizant of the case in question. Hence, while the equitable is just, and is superior to one sort of justice, it is not superior to absolute justice, but only to the error due to its absolute statement. This is the essential nature of the equitable: it is a rectification of law where law is defective because of its generality. In fact this is the reason why things are not all determined by law: it is because there are some cases for which it is impossible to lay down a law, so that a special ordinance becomes necessary. For what is itself indefinite can only be measured by an indefinite standard, like the leaden rule2 used by Lesbian builders; just as that rule is not rigid but can be bent to the shape of the stone, so a special ordinance is made to fit the circumstances of the case. It is now plain what the equitable is, and that it is just, and that it is superior to one sort of justice. And from this it is clear what the equitable man is: he is one who by choice and habit does what is equitable, and 1138awho does not stand on his rights unduly, but is content to receive a smaller share although he has the law on his side. And the disposition described is Equity; it is a special kind of Justice, not a different quality altogether.

The foregoing discussion has indicated the answer to the question, Is it possible or not for a man to commit injustice against himself? (1) One class of just actions consists of those acts, in accordance with any virtue, which are ordained by law.3 For instance, the law does not sanction suicide (and what4 it does not expressly sanction, it forbids). Further, when a man voluntarily (which means with knowledge of the person affected and the instrument employed) does an injury (not in retaliation) that is against the law, he commits injustice. But he who kills himself in a fit of passion, voluntarily does an injury (against the right principle5) which the law does not allow. Therefore the suicide commits injustice; but against whom? It seems to be against the state rather than against himself; for he suffers voluntarily, and nobody suffers injustice voluntarily. This is why the state exacts a penalty; suicide is punished by certain marks of dishonor,6 as being an offense against the state. (2) Moreover, it is not possible to act unjustly towards oneself in the sense in which a man is unjust who is a doer of injustice only and not universally wicked. (This case is distinct from the former, because Injustice in one sense is a special form of wickedness, like Cowardice, and does not imply universal wickedness; hence it is necessary further to show that a man cannot commit injustice against himself in this sense either.) For (a) if it were, it would be possible for the same thing to have been taken away from and added to the same thing at the same time. But this is impossible: justice and injustice always necessarily imply more than one person. Again (b) an act of injustice must be voluntary and done from choice, and also unprovoked; we do not think that a man acts unjustly if having suffered he retaliates, and gives what he got. But when a man injures himself, he both does and suffers the same thing at the same time. Again (c) if a man could act unjustly towards himself, it would be possible to suffer injustice voluntarily. Furthermore (d) no one is guilty of injustice without committing some particular unjust act; but a man cannot commit adultery with his own wife, or burglary on his own premises, or theft of his own property. (3) And generally, the question, Can a man act unjustly towards himself? is solved by our decision upon the question, Can a man suffer injustice voluntarily? (It is further manifest that, though both to suffer and to do injustice are evils—for the former is to have less and the latter to have more than the mean, corresponding7 to what is health-giving in medicine and conducive to fitness in athletic training—nevertheless to do injustice is the worse evil, for it is reprehensible, implying vice in the agent, and vice utter and absolute—or nearly so, for it is true that not every unjust act voluntarily committed implies vice—, whereas to suffer injustice does not necessarily imply vice or injustice in the victim. Thus in itself to suffer injustice is the lesser evil, 1138bthough accidentally it may be the greater. With this however science is not concerned; science pronounces pIeurisy a more serious disorder than a sprain, in spite of the fact that in certain circumstances a sprain may be accidentally worse than pleurisy, as for instance if it should happen that owing to a sprain you fell and in consequence of falling were taken by the enemy and killed.) In a metaphorical and analogical sense however there is such a thing as justice, not towards oneself but between different parts of one’s nature; not, it is true, justice in the full sense of the term, but such justice as subsists between master and slave, or between the head of a household and his wife and children. For in the discourses on this question8 a distinction is set up between the rational and irrational parts of the soul; and this is what leads people to suppose that there is such a thing as injustice towards oneself, because these parts of the self may be thwarted in their respective desires, so that there may be a sort of justice between them, such as exists between ruler and subject. So much may be said in description of Justice and of the other Moral Virtues.

Page 25 of 49 · Nicomachean Ethics, Aristotle , tr. H. Rackham · Perseus Digital Library