BOOK V

[1] Each term is important to make up the character of Justice, men must have the capacity, do the acts, and do them from moral choice.

[2] But not always. [Greek: Philein], for instance, has two senses, “to love” and “to kiss,” [Greek: misein] but one. Topics, I. chap. XIII. 5.

[3] Things are [Greek: homonuma] which have only their name in common, being in themselves different. The [Greek: homonumia] is close therefore when the difference though real is but slight. There is no English expression for [Greek: homonumia], “equivocal” being applied to a term and not to its various significates.

[4] See Book I. chap. 1. [Greek: toiautaen de tina planaen echei kai tagatha k.t.l.]

[5] A man habitually drunk in private is viewed by our law as confining his vice to himself, and the law therefore does not attempt to touch him; a religious hermit may be viewed as one who confines his virtue to his own person.

[6] See the account of Sejanus and Livia. Tac. Annal. IV. 3.

[7] Cardwell’s text, which here gives [Greek: paranomon], yields a much easier and more natural sense. All Injustice violates law, but only the particular kinds violate equality; and therefore the unlawful : the unequal :: universal Injustice the particular i.e. as whole to part.
    There is a reading which also alters the words within the parenthesis, but this hardly affects the gist of the passage.

[8] There are two reasons why the characters are not necessarily coincident. He is a good citizen, who does his best to carry out the [Greek: politeia] under which he lives, but this may be faulty, so therefore pro tanto is he.
    Again, it is sufficient, so far as the Community is concerned, that he does the facts of a good man but for the perfection of his own individual character, he must do them virtuously. A man may move rightly in his social orbit, without revolving rightly on his own axis.
    The question is debated in the Politics, III. 2. Compare also the distinction between the brave man, and good soldier (supra, Book III. chap. xii.), and also Bishop Butler’s first Sermon.

[9] Terms used for persons.

[10] By [Greek:——] is meant numbers themselves, 4, 20, 50, etc, by [Greek:——] these numbers exemplified, 4 horses, 20 sheep, etc.

[11] The profits of a mercantile transaction (say £1000) are to be divided between A and B, in the ratio of 2 to 3 (which is the real point to be settled); then,
    A : B :: 400 : 600.
    A : 400 :: B : 600 (permutando, and assuming a value for A and B, so as to make them commensurable with the respectiy sums).
    A+400 : B+600 :: A : B. This represents the actual distribution; its fairness depending entirely on that of the first proportion.

[12] i.e. where the ratio is that of equality, thus 2 : 2 :: 40 : 40

[13] Her Majesty’s “Justices.”

[14] I have omitted the next three lines, as they seem to be out of place here, and to occur much more naturally afterwards; it not being likely that they were originally twice written, one is perhaps at liberty to give Aristotle the benefit of the doubt, and conclude that he put them where they made the best sense.

[15] This I believe to be the meaning of the passage but do not pretend to be able to get it out of the words.

[16] This is apparently contrary to what was said before, but not really so. Aristotle does not mean that the man in authority struck wrongfully, but he takes the extreme case of simple Reciprocation, and in the second case, the man who strikes one in authority commits two offences, one against the person (and so far they are equal), and another against the office.

[17] χάρις denotes, 1st, a kindly feeling issuing in a gratuitous act of kindness, 2ndly, the effect of this act of kindness on a generous mind; 3rdly, this effect issuing in a requital of the kindness.

[18] The Shoemaker would get a house while the Builder only had (say) one pair of shoes, or at all events not so many as he ought to have. Thus the man producing the least valuable ware would get the most valuable, and vice versa.
    Adopting, as I have done, the reading which omits [Greek:——] at [Greek:——], we have simply a repetition of the caution, that before Reciprocation is attempted, there must be the same ratio between the wares as between the persons, i.e. the ratio of equality.
    If we admit [Greek: ou], the meaning may be, that you must not bring into the proportion the difference mentioned above [Greek: eteron kai ouk ison], since for the purposes of commerce all men are equal.
    Say that the Builder is to the Shoemaker as 10:1. Then there must be the same ratio between the wares, consequently the highest artist will carry off the most valuable wares, thus combining in himself both [Greek: uperochai]. The following are the three cases, given 100 pr. shoes = 1 house.

Builder : Shoemaker : : 1 pr. shoes : 1 house—wrong.

—— —— 100 pr. shoes : 1 house—right

—— —— 10 (100 pr. shoes) : 1 house—wrong.

[19] [Greek] Compare a similar use of [Greek]. De Interpretatione, II. 2. [Greek].

[20] Every unjust act embodies [Greek: to adikon], which is a violation of [Greek: to ison], and so implies a greater and a less share, the former being said to fall to the doer, the latter to the sufferer, of injury.

[21] This passage certainly occurs awkwardly here. If attached to the close of the preceding Chapter it would leave that Chapter incomplete, for the question is not gone into, but only stated. As the commencement of this Chapter it is yet more out of place; I should propose to insert it at the commencement of the following Chapter, to which it forms an appropriate introduction.

[22] In a pure democracy men are absolutely, i.e. numerically, equal, in other forms only proportionately equal. Thus the meanest British subject is proportionately equal to the Sovereign, that is to say, is as fully secured in his rights as the Sovereign in hers.

[23] Or, according to Cardwell’s reading ([Greek: kineton ou mentoi pan]) “but amongst ourselves there is Just, which is naturally variable, but certainly all Just is not such.” The sense of the passage is not affected by the reading. In Bekker’s text we must take [Greek: kineton] to mean the same as [Greek: kinoumenon], i.e. “we admit there is no Just which has not been sometimes disallowed, still,” etc. With Cardwell’s, [Greek: kineton] will mean “which not only does but naturally may vary.”

[24] Murder is unjust by the law of nature, Smuggling by enactment. Therefore any act which can be referred to either of these heads is an unjust act, or, as Bishop Butler phrases it, an act materially unjust. Thus much may be decided without reference to the agent. See the note on page 32, l. 16.

[25] “As distinct from pain or loss.” Bishop Butler’s Sermon on Resentment. See also, Rhet. 11. 2 Def. of [Greek: orgae].

[26] This method of reading the passage is taken from Zell as quoted in Cardwell’s Notes, and seems to yield the best sense. The Paraphrast gives it as follows:
    “But the aggressor is not ignorant that he began, and so he feels himself to be wrong [and will not acknowledge that he is the aggressor], but the other does not.”

[27] As when a man is “justified at the Grass Market,” i.e. hung.

[28] Where the stock of good is limited, if any individual takes more than his share some one else must have less than his share; where it is infinite, or where there is no good at all this cannot happen.

[29] The reference is to chap. vii. where it was said that the law views the parties in a case of particular injustice as originally equal, but now unequal, the wrong doer the gainer and the sufferer the loser by the wrong, but in the case above supposed there is but one party.

[30] So in the Politics, 1. 2.
    Hae men gar psuchae tou somatos archei despotikaen archaen, o de nous taes orexeos politikaen kai despotikaev.
    Compare also Bishop Butler’s account of human nature as a system—of the different authority of certain principles, and specially the supremacy of Conscience.