The Basic Works of Aristotle (Modern Library Classics) (172 page)

10
     Our next subject is equity and the equitable (
to epieikes
), and their respective relations to justice and the just. For on examination they appear to be neither absolutely the same nor generically different; and while we sometimes praise what is equitable and the equitable man (so that we apply the name by way of praise even to instances of the other virtues,
(35)
instead of ‘good,’ meaning by
epieikesteron
that a thing is better), at other times, when we reason it out, it seems strange if the equitable, being something different from the just, is yet praiseworthy; for either the just or the equitable is not good, if they are different; or, if both are good, they are the same.
[1137b]

These,
(5)
then, are pretty much the considerations that give rise to the problem about the equitable; they are all in a sense correct and not opposed to one another; for the equitable, though it is better than one kind of justice, yet is just, and it is not as being a different class of thing that it is better than the just. The same thing, then, is just and equitable,
(10)
and while both are good the equitable is superior. What creates the problem is that the equitable is just, but not the legally just but a correction of legal justice. The reason is that all law is universal but about some things it is not possible to make a universal statement which shall be correct. In those cases, then,
(15)
in which it is necessary to speak universally, but not possible to do so correctly, the law takes the usual case, though it is not ignorant of the possibility of error. And it is none the less correct; for the error is not in the law nor in the legislator but in the nature of the thing, since the matter of practical affairs is of this kind from the start. When the law speaks universally,
(20)
then, and a case arises on it which is not covered by the universal statement, then it is right, where the legislator fails us and has erred by over-simplicity, to correct the omission—to say what the legislator himself would have said had he been present, and would have put into his law if he had known. Hence the equitable is just,
(25)
and better than one kind of justice—not better than absolute justice but better than the error that arises from the absoluteness of the statement. And this is the nature of the equitable, a correction of law where it is defective owing to its universality. In fact this is the reason why all things are not determined by law, viz. that about some things it is impossible to lay down a law, so that a decree is needed. For when the thing is indefinite the rule also is indefinite, like the leaden rule used in making the Lesbian moulding; the rule adapts itself to the shape of the stone and is not rigid,
(30)
and so too the decree is adapted to the facts.

It is plain, then, what the equitable is, and that it is just and is better than one kind of justice. It is evident also from this who the equitable man is; the man who chooses and does such acts,
(35)
and is no stickler for his rights in a bad sense but tends to take less than his share though he has the law on his side, is equitable, and this state of character is equity, which is a sort of justice and not a different state of character.
[1138a]

11
     Whether a man can treat himself unjustly or not,
(5)
is evident from what has been said.
²²
For (
a
) one class of just acts are those acts in
accordance with any virtue which are prescribed by the law; e. g. the law does not expressly permit suicide, and what it does not expressly permit it forbids. Again, when a man in violation of the law harms another (otherwise than in retaliation) voluntarily, he acts unjustly, and a voluntary agent is one who knows both the person he is affecting by his action and the instrument he is using; and he who through anger voluntarily stabs himself does this contrary to the right rule of life,
(10)
and this the law does not allow; therefore he is acting unjustly. But towards whom? Surely towards the state, not towards himself. For he suffers voluntarily, but no one is voluntarily treated unjustly. This is also the reason why the state punishes; a certain loss of civil rights attaches to the man who destroys himself, on the ground that he is treating the state unjustly.

Further (
b
) in that sense of ‘acting unjustly’ in which the man who ‘acts unjustly’ is unjust only and not bad all round, it is not possible to treat oneself unjustly (this is different from the former sense; the unjust man in one sense of the term is wicked in a particularized way just as the coward is,
(15)
not in the sense of being wicked all round, so that his ‘unjust act’ does not manifest wickedness in general). For (i) that would imply the possibility of the same thing’s having been subtracted from and added to the same thing at the same time; but this is impossible—the just and the unjust always involve more than one person. Further, (ii) unjust action is voluntary and done by choice,
(20)
and
takes the initiative
(for the man who because he has suffered does the same in return is not thought to act unjustly); but if a man harms himself he suffers and does the same things
at the same time
. Further, (iii) if a man could treat himself unjustly, he could be voluntarily treated unjustly. Besides, (iv) no one acts unjustly without committing particular acts of injustice; but no one can commit adultery with his own wife or housebreaking on his own house or theft on his own property.
(25)

In general, the question ‘can a man treat himself unjustly?’ is solved also by the distinction we applied to the question ‘can a man be voluntarily treated unjustly?’
²³

(It is evident too that both are bad, being unjustly treated and acting unjustly; for the one means having less and the other having more than the intermediate amount, which plays the part here that the healthy does in the medical art,
(30)
and that good condition does in the art of bodily training. But still acting unjustly is the worse, for it
involves vice and is blameworthy—involves vice which is either of the complete and unqualified kind or almost so (we must admit the latter alternative, because not all voluntary unjust action implies injustice as a state of character), while being unjustly treated does not involve vice and injustice in oneself.
(35)
In itself, then, being unjustly treated is less bad, but there is nothing to prevent its being incidentally a greater evil.
[1138b]
But theory cares nothing for this; it calls pleurisy a more serious mischief than a stumble; yet the latter may become incidentally the more serious, if the fall due to it leads to your being taken prisoner or put to death by the enemy.)

Metaphorically and in virtue of a certain resemblance there is a justice,
(5)
not indeed between a man and himself, but between certain parts of him; yet not every kind of justice but that of master and servant or that of husband and wife.
²⁴
For these are the ratios in which the part of the soul that has a rational principle stands to the irrational part; and it is with a view to these parts that people also think a man can be unjust to himself,
(10)
viz. because these parts are liable to suffer something contrary to their respective desires; there is therefore thought to be a mutual justice between them as between ruler and ruled.

Let this be taken as our account of justice and the other, i. e. the other moral, virtues.

¹
Pl.
Rep
. 343
C
.

²
1179
^b
20–1181
^b
12.
Pol
. 1276
^b
16–1277
^b
32, 1278
^a
40–
^b
5, 1288
^a
32–
^b
2, 1333
^a
11–16, 1337
^a
11–14.

³
Person A + thing C to person B + thing D.

⁴
The problem of distributive justice is to divide the distributable honour or reward into parts which are to one another as are the merits of the persons who are to participate. If

A (first person) : B (second person) :: C (first portion) : D (second portion), then (
alternando
) A : C :: B : D,

and therefore (
componendo
) A + C : B + D :: A : B.

In other words the position established answers to the relative merits of the parties.

⁵
l. 12 f.

⁶
The problem of ‘rectificatory justice’ has nothing to do with punishment proper but is only that of rectifying a wrong that has been done, by awarding damages; i. e. rectificatory justice is that of the civil, not that of the criminal courts. The parties are treated by the court as equal (since a law court is not a court of morals), and the wrongful act is reckoned as having brought equal gain to the wrong-doer and loss to his victim; it brings A to the position A + C, and B to the position B — C. The judge’s task is to find the arithmetical mean between these, and this he does by transferring C from A to B. Thus (A being treated as = B) we get the arithmetical ‘proportion’

(A + C) — (A + C — C) = (A + C — C) — (B — C)

or

(A + C) — (B — C + C) = (B — C + C) — (B — C).

⁷
l. 14.

⁸
sc
. equal to AE.

⁹
i. e. for the loser.

¹⁰
1132
^b
21–1133
^b
28.

¹¹
1130
^a
3.

¹²
i. e. his slave.

^13
a
30.

^14
a
26–8.

¹⁵
Possibly a reference to an intended (or now lost) book of the
Politics
on laws.

¹⁶
1109
^b
35–1111
^a
24.

¹⁷
The plaintiff, if he brings a false accusation; the defendant, if he denies a true one.

¹⁸
Il
. vi. 236.

¹⁹
Il.
3–5.

²⁰
i. e. that stated in l. 4 f., that acting unjustly is in our own power.

²¹
Cf. ll. 6–8.

²²
Cf. 1129
^a
32-
^b
1, 1136
^a
10–1137
^a
4.

²³
Cf. 1136
^a
31-
^b
5.

²⁴
Cf. 1134
^b
15–17.

1
     Since we have previously said that one ought to choose that which is intermediate, not the excess nor the defect,
¹
and that the intermediate is determined by the dictates of the right rule,
²
let us discuss the nature of these dictates.
(20)
In all the states of character we have mentioned,
³
as in all other matters, there is a mark to which the man who has the rule looks, and heightens or relaxes his activity accordingly, and there is a standard which determines the mean states which we say are intermediate between excess and defect, being in accordance with the right rule.
(25)
But such a statement, though true, is by no means clear; for not only here but in all other pursuits which are objects of knowledge it is indeed true to say that we must not exert ourselves nor relax
our efforts too much nor too little, but to an intermediate extent and as the right rule dictates; but if a man had only this knowledge he would be none the wiser—e. g. we should not know what sort of medicines to apply to our body if some one were to say ‘all those which the medical art prescribes,
(30)
and which agree with the practice of one who possesses the art.’ Hence it is necessary with regard to the states of the soul also not only that this true statement should be made, but also that it should be determined what is the right rule and what is the standard that fixes it.

We divided the virtues of the soul and said that some are virtues of character and others of intellect.
⁴
(35)
Now we have discussed in detail the moral virtues;
³
with regard to the others let us express our view as follows, beginning with some remarks about the soul.
[1139a]
We said before
⁵
that there are two parts of the soul—that which grasps a rule or rational principle, and the irrational; let us now draw a similar distinction within the part which grasps a rational principle.
(5)
And let it be assumed that there are two parts which grasp a rational principle—one by which we contemplate the kind of things whose originative causes are invariable, and one by which we contemplate variable things; for where objects differ in kind the part of the soul answering to each of the two is different in kind, since it is in virtue of a certain likeness and kinship with their objects that they have the knowledge they have.
(10)
Let one of these parts be called the scientific and the other the calculative; for to deliberate and to calculate are the same thing, but no one deliberates about the invariable. Therefore the calculative is one part of the faculty which grasps a rational principle. We must, then, learn what is the best state of each of these two parts; for this is the virtue of each.
(15)

2
     The virtue of a thing is relative to its proper work. Now there are three things in the soul which control action and truth—sensation, reason, desire.

Of these sensation originates no action; this is plain from the fact that the lower animals have sensation but no share in action.
(20)

What affirmation and negation are in thinking, pursuit and avoidance are in desire; so that since moral virtue is a state of character concerned with choice, and choice is deliberate desire, therefore both the reasoning must be true and the desire right, if the choice is to be good,
(25)
and the latter must pursue just what the former asserts. Now this kind
of intellect and of truth is practical; of the intellect which is contemplative, not practical nor productive, the good and the bad state are truth and falsity respectively (for this is the work of everything intellectual) ; while of the part which is practical and intellectual the good state is truth in agreement with right desire.
(30)

The origin of action—its efficient, not its final cause—is choice, and that of choice is desire and reasoning with a view to an end. This is why choice cannot exist either without reason and intellect or without a moral state; for good action and its opposite cannot exist without a combination of intellect and character.
(35)
Intellect itself, however, moves nothing, but only the intellect which aims at an end and is practical; for this rules the productive intellect as well, since every one who makes makes for an end, and that which is made is not an end in the unqualified sense (but only an end in a particular relation, and the end of a particular operation)—only that which is
done
is that; for good action is an end, and desire aims at this.
[1139b]
Hence choice is either desiderative reason or ratiocinative desire, and such an origin of action is a man.
(5)
(It is to be noted that nothing that is past is an object of choice, e. g. no one chooses to have sacked Troy; for no one
deliberates
about the past, but about what is future and capable of being otherwise, while what is past is not capable of not having taken place; hence Agathon is right in saying

The work of both the intellectual parts, then, is truth. Therefore the states that are most strictly those in respect of which each of these parts will reach truth are the virtues of the two parts.