"neither Hesper nor the Morning-star So worthy of our admiration:"
and in a proverbial saying we express the same;
"All virtue is in Justice comprehended."
And it is in a special sense perfect Virtue because it is the practice of perfect Virtue. And perfect it is because he that has it is able to practise his virtue towards his neighbour and not merely on himself; I mean, there are many who can practise virtue in the regulation of their own personal conduct who are wholly unable to do it in transactions with [Sidenote:1130a] their neighbour. And for this reason that saying of Bias is thought to be a good one,
"Rule will show what a man is;"
for he who bears Rule is necessarily in contact with others, i.e. in a community. And for this same reason Justice alone of all the Virtues is thought to be a good to others, because it has immediate relation to some other person, inasmuch as the Just man does what is advantageous to another, either to his ruler or fellow-subject. Now he is the basest of men who practises vice not only in his own person but towards his friends also; but he the best who practises virtue not merely in his own person but towards his neighbour, for this is a matter of some difficulty.
However, Justice in this sense is not a part of Virtue but is co-extensive with Virtue; nor is the Injustice which answers to it a part of Vice but co-extensive with Vice. Now wherein Justice in this sense differs from Virtue appears from what has been said: it is the same really, but the point of view is not the same: in so far as it has respect to one"s neighbour it is Justice, in so far as it is such and such a moral state it is simply Virtue.
II
But the object of our inquiry is Justice, in the sense in which it is a part of Virtue (for there is such a thing, as we commonly say), and likewise with respect to particular Injustice. And of the existence of this last the following consideration is a proof: there are many vices by practising which a man acts unjustly, of course, but does not grasp at more than his share of good; if, for instance, by reason of cowardice he throws away his shield, or by reason of ill-temper he uses abusive language, or by reason of stinginess does not give a friend pecuniary a.s.sistance; but whenever he does a grasping action, it is often in the way of none of these vices, certainly not in all of them, still in the way of some vice or other (for we blame him), and in the way of Injustice. There is then some kind of Injustice distinct from that co-extensive with Vice and related to it as a part to a whole, and some "Unjust" related to that which is co-extensive with violation of the law as a part to a whole.
Again, suppose one man seduces a man"s wife with a view to gain and actually gets some advantage by it, and another does the same from impulse of l.u.s.t, at an expense of money and damage; this latter will be thought to be rather dest.i.tute of self-mastery than a grasping man, and the former Unjust but not dest.i.tute of self-mastery: now why? plainly because of his gaining.
Again, all other acts of Injustice we refer to some particular depravity, as, if a man commits adultery, to abandonment to his pa.s.sions; if he deserts his comrade, to cowardice; if he strikes another, to anger: but if he gains by the act to no other vice than to Injustice.
[Sidenote:1131b] Thus it is clear that there is a kind of Injustice different from and besides that which includes all Vice, having the same name because the definition is in the same genus; for both have their force in dealings with others, but the one acts upon honour, or wealth, or safety, or by whatever one name we can include all these things, and is actuated by pleasure attendant on gain, while the other acts upon all things which const.i.tute the sphere of the good man"s action.
Now that there is more than one kind of Justice, and that there is one which is distinct from and besides that which is co-extensive with, Virtue, is plain: we must next ascertain what it is, and what are its characteristics.
Well, the Unjust has been divided into the unlawful and the unequal, and the Just accordingly into the lawful and the equal: the aforementioned Injustice is in the way of the unlawful. And as the unequal and the more are not the same, but differing as part to whole (because all more is unequal, but not all unequal more), so the Unjust and the Injustice we are now in search of are not the same with, but other than, those before mentioned, the one being the parts, the other the wholes; for this particular Injustice is a part of the Injustice co-extensive with Vice, and likewise this Justice of the Justice co-extensive with Virtue.
So that what we have now to speak of is the particular Justice and Injustice, and likewise the particular Just and Unjust.
Here then let us dismiss any further consideration of the Justice ranking as co-extensive with Virtue (being the practice of Virtue in all its bearings towards others), and of the co-relative Injustice (being similarly the practice of Vice). It is clear too, that we must separate off the Just and the Unjust involved in these: because one may pretty well say that most lawful things are those which naturally result in action from Virtue in its fullest sense, because the law enjoins the living in accordance with each Virtue and forbids living in accordance with each Vice. And the producing causes of Virtue in all its bearings are those enactments which have been made respecting education for society.
By the way, as to individual education, in respect of which a man is simply good without reference to others, whether it is the province of [Greek: politikhae] or some other science we must determine at a future time: for it may be it is not the same thing to be a good man and a good citizen in every case.
Now of the Particular Justice, and the Just involved in it, one species is that which is concerned in the distributions of honour, or wealth, or such other things as are to be shared among the members of the social community (because in these one man as compared with another may have either an equal or an unequal share), and the other is that which is Corrective in the various transactions between man and man.
[Sidenote: 1131a] And of this latter there are two parts: because of transactions some are voluntary and some involuntary; voluntary, such as follow; selling, buying, use, bail, borrowing, deposit, hiring: and this cla.s.s is called voluntary because the origination of these transactions is voluntary.
The involuntary again are either such as effect secrecy; as theft, adultery, poisoning, pimping, kidnapping of slaves, a.s.sa.s.sination, false witness; or accompanied with open violence; as insult, bonds, death, plundering, maiming, foul language, slanderous abuse.
III
Well, the unjust man we have said is unequal, and the abstract "Unjust"
unequal: further, it is plain that there is some mean of the unequal, that is to say, the equal or exact half (because in whatever action there is the greater and the less there is also the equal, i.e. the exact half). If then the Unjust is unequal the Just is equal, which all must allow without further proof: and as the equal is a mean the Just must be also a mean. Now the equal implies two terms at least: it follows then that the Just is both a mean and equal, and these to certain persons; and, in so far as it is a mean, between certain things (that is, the greater and the less), and, so far as it is equal, between two, and in so far as it is just it is so to certain persons. The Just then must imply four terms at least, for those to which it is just are two, and the terms representing the things are two.
And there will be the same equality between the terms representing the persons, as between those representing the things: because as the latter are to one another so are the former: for if the persons are not equal they must not have equal shares; in fact this is the very source of all the quarrelling and wrangling in the world, when either they who are equal have and get awarded to them things not equal, or being not equal those things which are equal. Again, the necessity of this equality of ratios is shown by the common phrase "according to rate," for all agree that the Just in distributions ought to be according to some rate: but what that rate is to be, all do not agree; the democrats are for freedom, oligarchs for wealth, others for n.o.bleness of birth, and the aristocratic party for virtue.
The Just, then, is a certain proportionable thing. For proportion does not apply merely to number in the abstract, but to number generally, since it is equality of ratios, and implies four terms at least (that this is the case in what may be called discrete proportion is plain and obvious, but it is true also in continual proportion, for this uses the one [Sidenote: 1131b] term as two, and mentions it twice; thus A:B:C may be expressed A:B::B:C. In the first, B is named twice; and so, if, as in the second, B is actually written twice, the proportionals will be four): and the Just likewise implies four terms at the least, and the ratio between the two pair of terms is the same, because the persons and the things are divided similarly. It will stand then thus, A:B::C:D, and then permutando A:C::B:D, and then (supposing C and D to represent the things) A+C:B+D::A:B. The distribution in fact consisting in putting together these terms thus: and if they are put together so as to preserve this same ratio, the distribution puts them together justly. So then the joining together of the first and third and second and fourth proportionals is the Just in the distribution, and this Just is the mean relatively to that which violates the proportionate, for the proportionate is a mean and the Just is proportionate. Now mathematicians call this kind of proportion geometrical: for in geometrical proportion the whole is to the whole as each part to each part. Furthermore this proportion is not continual, because the person and thing do not make up one term.
The Just then is this proportionate, and the Unjust that which violates the proportionate; and so there comes to be the greater and the less: which in fact is the case in actual transactions, because he who acts unjustly has the greater share and he who is treated unjustly has the less of what is good: but in the case of what is bad this is reversed: for the less evil compared with the greater comes to be reckoned for good, because the less evil is more choiceworthy than the greater, and what is choiceworthy is good, and the more so the greater good.
This then is the one species of the Just.
IV
And the remaining one is the Corrective, which arises in voluntary as well as involuntary transactions. Now this just has a different form from the aforementioned; for that which is concerned in distribution of common property is always according to the aforementioned proportion: I mean that, if the division is made out of common property, the shares will bear the same proportion to one another as the original contributions did: and the Unjust which is opposite to this Just is that which violates the proportionate.
But the Just which arises in transactions between men is an equal in a certain sense, and the Unjust an unequal, only not in the way of that proportion but of arithmetical. [Sidenote: 1132a ] Because it makes no difference whether a robbery, for instance, is committed by a good man on a bad or by a bad man on a good, nor whether a good or a bad man has committed adultery: the law looks only to the difference created by the injury and treats the men as previously equal, where the one does and the other suffers injury, or the one has done and the other suffered harm. And so this Unjust, being unequal, the judge endeavours to reduce to equality again, because really when the one party has been wounded and the other has struck him, or the one kills and the other dies, the suffering and the doing are divided into unequal shares; well, the judge tries to restore equality by penalty, thereby taking from the gain.
For these terms gain and loss are applied to these cases, though perhaps the term in some particular instance may not be strictly proper, as gain, for instance, to the man who has given a blow, and loss to him who has received it: still, when the suffering has been estimated, the one is called loss and the other gain.
And so the equal is a mean between the more and the less, which represent gain and loss in contrary ways (I mean, that the more of good and the less of evil is gain, the less of good and the more of evil is loss): between which the equal was stated to be a mean, which equal we say is Just: and so the Corrective Just must be the mean between loss and gain. And this is the reason why, upon a dispute arising, men have recourse to the judge: going to the judge is in fact going to the Just, for the judge is meant to be the personification of the Just. And men seek a judge as one in the mean, which is expressed in a name given by some to judges ([Greek: mesidioi], or middle-men) under the notion that if they can hit on the mean they shall hit on the Just. The Just is then surely a mean since the judge is also.
So it is the office of a judge to make things equal, and the line, as it were, having been unequally divided, he takes from the greater part that by which it exceeds the half, and adds this on to the less. And when the whole is divided into two exactly equal portions then men say they have their own, when they have gotten the equal; and the equal is a mean between the greater and the less according to arithmetical equality.
This, by the way, accounts for the etymology of the term by which we in Greek express the ideas of Just and Judge; ([Greek: dikaion] quasi [Greek: dichaion], that is in two parts, and [Greek: dikastaes] quasi [Greek: dichastaes], he who divides into two parts). For when from one of two equal magnitudes somewhat has been taken and added to the other, this latter exceeds the former by twice that portion: if it had been merely taken from the former and not added to the latter, then the latter would [Sidenote:1132b] have exceeded the former only by that one portion; but in the other case, the greater exceeds the mean by one, and the mean exceeds also by one that magnitude from which the portion was taken. By this ill.u.s.tration, then, we obtain a rule to determine what one ought to take from him who has the greater, and what to add to him who has the less. The excess of the mean over the less must be added to the less, and the excess of the greater over the mean be taken from the greater.
Thus let there be three straight lines equal to one another. From one of them cut off a portion, and add as much to another of them. The whole line thus made will exceed the remainder of the first-named line, by twice the portion added, and will exceed the untouched line by that portion. And these terms loss and gain are derived from voluntary exchange: that is to say, the having more than what was one"s own is called gaining, and the having less than one"s original stock is called losing; for instance, in buying or selling, or any other transactions which are guaranteed by law: but when the result is neither more nor less, but exactly the same as there was originally, people say they have their own, and neither lose nor gain.
So then the Just we have been speaking of is a mean between loss and gain arising in involuntary transactions; that is, it is the having the same after the transaction as one had before it took place.
[Sidenote: V] There are people who have a notion that Reciprocation is simply just, as the Pythagoreans said: for they defined the Just simply and without qualification as "That which reciprocates with another." But this simple Reciprocation will not fit on either to the Distributive Just, or the Corrective (and yet this is the interpretation they put on the Rhadamanthian rule of Just, If a man should suffer what he hath done, then there would be straightforward justice"), for in many cases differences arise: as, for instance, suppose one in authority has struck a man, he is not to be struck in turn; or if a man has struck one in authority, he must not only be struck but punished also.
And again, the voluntariness or involuntariness of actions makes a great difference.
[Sidenote: II33_a_] But in dealings of exchange such a principle of Justice as this Reciprocation forms the bond of union, but then it must be Reciprocation according to proportion and not exact equality, because by proportionate reciprocity of action the social community is held together, For either Reciprocation of evil is meant, and if this be not allowed it is thought to be a servile condition of things: or else Reciprocation of good, and if this be not effected then there is no admission to partic.i.p.ation which is the very bond of their union.
And this is the moral of placing the Temple of the Graces ([Greek: charites]) in the public streets; to impress the notion that there may be requital, this being peculiar to [Greek: charis] because a man ought to requite with a good turn the man who has done him a favour and then to become himself the originator of another [Greek: charis], by doing him a favour.
Now the acts of mutual giving in due proportion may be represented by the diameters of a parallelogram, at the four angles of which the parties and their wares are so placed that the side connecting the parties be opposite to that connecting the wares, and each party be connected by one side with his own ware, as in the accompanying diagram.
[Ill.u.s.tration: Builder_Shoemaker House_Shoes.]
The builder is to receive from the shoemaker of his ware, and to give him of his own: if then there be first proportionate equality, and _then_ the Reciprocation takes place, there will be the just result which we are speaking of: if not, there is not the equal, nor will the connection stand: for there is no reason why the ware of the one may not be better than that of the other, and therefore before the exchange is made they must have been equalised. And this is so also in the other arts: for they would have been destroyed entirely if there were not a correspondence in point of quant.i.ty and quality between the producer and the consumer. For, we must remember, no dealing arises between two of the same kind, two physicians, for instance; but say between a physician and agriculturist, or, to state it generally, between those who are different and not equal, but these of course must have been equalised before the exchange can take place.
It is therefore indispensable that all things which can be exchanged should be capable of comparison, and for this purpose money has come in, and comes to be a kind of medium, for it measures all things and so likewise the excess and defect; for instance, how many shoes are equal to a house or a given quant.i.ty of food. As then the builder to the shoemaker, so many shoes must be to the house (or food, if instead of a builder an agriculturist be the exchanging party); for unless there is this proportion there cannot be exchange or dealing, and this proportion cannot be unless the terms are in some way equal; hence the need, as was stated above, of some one measure of all things. Now this is really and truly the Demand for them, which is the common bond of all such dealings. For if the parties were not in want at all or not similarly of one another"s wares, there would either not be any exchange, or at least not the same.
And money has come to be, by general agreement, a representative of Demand: and the account of its Greek name [Greek: nomisma] is this, that it is what it is not naturally but by custom or law ([Greek: nomos]), and it rests with us to change its value, or make it wholly useless.
[Sidenote: 1113b] Very well then, there will be Reciprocation when the terms have been equalised so as to stand in this proportion; Agriculturist : Shoemaker : : wares of Shoemaker : wares of Agriculturist; but you must bring them to this form of proportion when they exchange, otherwise the one extreme will combine both exceedings of the mean: but when they have exactly their own then they are equal and have dealings, because the same equality can come to be in their case.
Let A represent an agriculturist, C food, B a shoemaker, D his wares equalised with A"s. Then the proportion will be correct, A:B::C:D; _now_ Reciprocation will be practicable, if it were not, there would have been no dealing.
Now that what connects men in such transactions is Demand, as being some one thing, is shown by the fact that, when either one does not want the other or neither want one another, they do not exchange at all: whereas they do when one wants what the other man has, wine for instance, giving in return corn for exportation.
And further, money is a kind of security to us in respect of exchange at some future time (supposing that one wants nothing now that we shall have it when we do): the theory of money being that whenever one brings it one can receive commodities in exchange: of course this too is liable to depreciation, for its purchasing power is not always the same, but still it is of a more permanent nature than the commodities it represents. And this is the reason why all things should have a price set upon them, because thus there may be exchange at any time, and if exchange then dealing. So money, like a measure, making all things commensurable equalises them: for if there was not exchange there would not have been dealing, nor exchange if there were not equality, nor equality if there were not the capacity of being commensurate: it is impossible that things so greatly different should be really commensurate, but we can approximate sufficiently for all practical purposes in reference to Demand. The common measure must be some one thing, and also from agreement (for which reason it is called [Greek: nomisma]), for this makes all things commensurable: in fact, all things are measured by money. Let B represent ten minae, A a house worth five minae, or in other words half B, C a bed worth 1/10th of B: it is clear then how many beds are equal to one house, namely, five.
It is obvious also that exchange was thus conducted before the existence of money: for it makes no difference whether you give for a house five beds or the price of five beds. We have now said then what the abstract Just and Unjust are, and these having been defined it is plain that just acting is a mean between acting unjustly and being acted unjustly towards: the former being equivalent to having more, and the latter to having less.
But Justice, it must be observed, is a mean state not after the same manner as the forementioned virtues, but because it aims at producing the mean, while Injustice occupies _both_ the extremes.
[Sidenote: 1134_a_] And Justice is the moral state in virtue of which the just man is said to have the apt.i.tude for practising the Just in the way of moral choice, and for making division between _, himself and another, or between two other men, not so as to give to himself the greater and to his neighbour the less share of what is choiceworthy and contrariwise of what is hurtful, but what is proportionably equal, and in like manner when adjudging the rights of two other men.