1 of 2 in Book V, Chapter XII131 of 276 in work
Now entering Book V, Chapter XII
Act vs. Suffer
Aristotle
Nicomachean Ethics

The author distinguishes between the act of doing something unjust and the formal state of acting unjustly, which requires a specific relational context.

...tary or involuntary. Now as for being justly dealt with, the position that every case of this is voluntary is a strange one, for some are certainly justly dealt with without their will.[27] The fact is a man may also fairly raise this question, whether in every case he who has suffered what is unjust is therefore unjustly dealt with, or rather that the case is the same with suffering as it is with acting; namely that in both it is possible to participate in what is just, but only accidentally.
Clearly the case of what is unjust is similar: for doing things in themselves unjust is not identical with acting unjustly, nor is suffering them the same as being unjustly dealt with. So too of acting justly and being justly dealt with, since it is impossible to be unjustly dealt with unless some one else acts unjustly or to be justly dealt with unless some one else acts justly.
Now if acting unjustly is simply “hurting another voluntarily” (by which I mean, knowing whom you are hurting, and wherewith, and how you are hurting him), and the man who fails of self-control voluntarily hurts himself, then this will be a case of being voluntarily dealt unjustly with, and it will be possible for a man to deal unjustly with himself. (This by the way is one of the questions raised, whether it is possible for a man to deal unjustly with himself.) Or again, a man may, by reason...
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2 of 2 in Book V, Chapter XII132 of 276 in work
Voluntary Harm's Paradox
Aristotle
Nicomachean Ethics

The text clarifies that being 'unjustly dealt with' requires the action to be against the victim's wish, concluding that one cannot be voluntarily treated unjustly.

...m), and the man who fails of self-control voluntarily hurts himself, then this will be a case of being voluntarily dealt unjustly with, and it will be possible for a man to deal unjustly with himself. (This by the way is one of the questions raised, whether it is possible for a man to deal unjustly with himself.) Or again, a man may, by reason of failing of self-control, receive hurt from another man acting voluntarily, and so here will be another case of being unjustly dealt with voluntarily.
The solution, I take it, is this: the definition of being unjustly dealt with is not correct, but we must add, to the hurting with the knowledge of the person hurt and the instrument and the manner of hurting him, the fact of its being against the wish of the man who is hurt. So then a man may be hurt and suffer what is in itself unjust voluntarily, but unjustly dealt with voluntarily no man can be: since no man wishes to be hurt, not even he who fails of self-control, who really acts contrary to his wish: for no man wishes for that which he does not think to be good, and the man who fails of self-control does not what he thinks he ought to…
And again, he that gives away his own property (as Homer says Glaucus gave to Diomed, “armour of gold for brass, armour worth a hundred oxen for that which was worth but nine”) is not unjustly dealt with, because the giving rests entirely with himself; but being unjustly dealt with does not, there must be some other person who is dealing unjustly towards him. With respect to being unjustly dealt with then, it is clear that it is not voluntary. Chapter XIII. There remain yet two points on wh...
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1 of 2 in Book V, Chapter XIV133 of 276 in work
Now entering Book V, Chapter XIV
The Disposition's Difficulty
Aristotle
Nicomachean Ethics

The author argues that while physical acts of injustice are easy to perform, acting with a truly just or unjust internal disposition is difficult.

...f he knowingly decided unjustly, then he himself as well as the receiver got the larger share, that is, either of favour from the receiver or private revenge against the other party: and so the man who decided unjustly from these motives gets a larger share, in exactly the same sense as a man would who received part of the actual matter of the unjust action: because in this case the man who wrongly adjudged, say a field, did not actually get land but money by his unjust decision. Chapter XIV.
Now men suppose that acting Unjustly rests entirely with themselves, and conclude that acting Justly is therefore also easy. But this is not really so; to have connection with a neighbour’s wife, or strike one’s neighbour, or give the money with one’s hand, is of course easy and rests with one’s self: but the doing these acts with certain inward dispositions neither is easy nor rests entirely with one’s self.
And in like way, the knowing what is Just and what Unjust men think no great instance of wisdom because it is not hard to comprehend those things of which the laws speak. They forget that these are not Just actions, except accidentally: to be Just they must be done and distributed in a certain manner: and this is a more difficult task than knowing what things are wholesome; for in this branch of knowledge it is an easy matter to know honey, wine, hellebore, cautery, or the use of the knife, but...
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2 of 2 in Book V, Chapter XIV134 of 276 in work
Just Distribution's Difficulty
Aristotle
Nicomachean Ethics

Aristotle compares justice to medicine, noting that knowing the rules is easy, but knowing how to apply them to specific people and times is the true challenge.

...at acting Justly is therefore also easy. But this is not really so; to have connection with a neighbour’s wife, or strike one’s neighbour, or give the money with one’s hand, is of course easy and rests with one’s self: but the doing these acts with certain inward dispositions neither is easy nor rests entirely with one’s self. And in like way, the knowing what is Just and what Unjust men think no great instance of wisdom because it is not hard to comprehend those things of which the laws speak.
They forget that these are not Just actions, except accidentally: to be Just they must be done and distributed in a certain manner: and this is a more difficult task than knowing what things are wholesome; for in this branch of knowledge it is an easy matter to know honey, wine, hellebore, cautery, or the use of the knife, but the knowing how one should administer these with a view to health, and to whom and at what time, amounts in fact to being a physician.
From this very same mistake they suppose also, that acting Unjustly is equally in the power of the Just man, for the Just man no less, nay even more, than the Unjust, may be able to do the particular acts; he may be able to have intercourse with a woman or strike a man; or the brave man to throw away his shield and turn his back and run this way or that. True: but then it is not the mere doing these things which constitutes acts of cowardice or injustice (except accidentally), but the doing th...
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1 of 3 in Book V, Chapter XV135 of 276 in work
Now entering Book V, Chapter XV
Law's Necessary Error
Aristotle
Nicomachean Ethics

Aristotle defines equity as a necessary correction to universal law, arguing that the general nature of legal statutes cannot account for every specific, complex human circumstance.

...esis different; or if both are good then they are identical. This is a tolerably fair statement of the difficulty which on these grounds arises in respect of the Equitable; but, in fact, all these may be reconciled and really involve no contradiction: for the Equitable is Just, being also better than one form of Just, but is not better than the Just as though it were different from it in kind: Just and Equitable then are identical, and, both being good, the Equitable is the better of the two.
What causes the difficulty is this; the Equitable is Just, but not the Just which is in accordance with written law, being in fact a correction of that kind of Just. And the account of this is, that every law is necessarily universal while there are some things which it is not possible to speak of rightly in any universal or general statement. Where then there is a necessity for general statement, while a general statement cannot apply rightly to all cases, the law takes the generality of cases, being fully aware of the error thus involved; and rightly too notwithstanding, because the fault is not in the law, or in the framer of the law, but…
When then the law has spoken in general terms, and there arises a case of exception to the general rule, it is proper, in so far as the lawgiver omits the case and by reason of his universality of statement is wrong, to set right the omission by ruling it as the lawgiver himself would rule were he there present, and would have provided by law had he foreseen the case would arise. And so the Equitable is Just but better than one form of Just; I do not mean the abstract Just but the error which...
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