Nicomachean Ethics by Aristotle (little readers .TXT) 📕

judgment on these grounds, takes more than his due, quite as much as if he received a share of the unjust award; for even in the latter case a judge who awards a piece of land would receive, not land, but money.

Men fancy that as it is in their power to act unjustly, so it is an easy matter to be just. But it is not so. To lie with your neighbour’s wife, or to strike your neighbour, or to pass certain coins from your hand to his is easy enough, and always within your power, but to do these acts as the outcome of a certain character is not an easy matter, nor one which is always within your power.134

Similarly men think that to know what is just and what is unjust needs no great wisdom, since anyone can inform himself about those things which the law prescribes (though these things are only accidentally, not essentially, just): but to know how these acts must be done and how these distributions must be made in order to be just⁠—that indeed is a harder matter than to know what conduces to health; though that is no easy matter. It is easy enough to know the meaning of honey, and wine, and hellebore, and cautery, and the knife, but to know how, and to whom, and when they must be applied in order to produce health, is so far from being easy, that to have this knowledge is to be a physician.

For the same reason, some people think that the just man is as able to act unjustly as justly, for he is not less but rather more capable than another of performing the several acts, e.g. of lying with a woman or of striking a blow, as the courageous man is rather more capable than another of throwing away his shield and turning his back and running away anywhere. But to play the coward or to act unjustly means not merely to do such an act (though the doer might be said “accidentally” to act unjustly),135 but to do it in a certain frame of mind; just as to act the part of a doctor and to heal does not mean simply to apply the knife or not to apply it, to give or to withhold a drug, but to do this in a particular fashion.

Justice, lastly, implies persons who participate in those things that, generally speaking, are good, but who can have too much or too little of them. For some⁠—for the gods perhaps⁠—no amount of them is too much; and for others⁠—for the incurably vicious⁠—no amount is beneficial, they are always hurtful; but for the rest of mankind they are useful within certain limits: justice, therefore, is essentially human.

X

We have next to speak of equity and of that which is equitable, and to inquire how equity is related to justice, and that which is equitable to that which is just. For, on consideration, they do not seem to be absolutely identical, nor yet generically different. At one time we praise that which is equitable and the equitable man, and even use the word metaphorically as a term of praise synonymous with good, showing that we consider that the more equitable a thing is the better it is. At another time we reflect and find it strange that what is equitable should be praiseworthy, if it be different from what is just; for, we argue, if it be something else, either what is just is not good, or what is equitable is not good;136 if both be good, they are the same.

These are the reflections which give rise to the difficulty about what is equitable. Now, in a way, they are all correct and not incompatible with one another; for that which is equitable, though it is better than that which is just (in one sense of the word), is yet itself just, and is not better than what is just in the sense of being something generically distinct from it. What is just, then, and what is equitable are generically the same, and both are good, though what is equitable is better.

But what obscures the matter is that though what is equitable is just, it is not identical with, but a correction of, that which is just according to law.

The reason of this is that every law is laid down in general terms, while there are matters about which it is impossible to speak correctly in general terms. Where, then, it is necessary to speak in general terms, but impossible to do so correctly, the legislator lays down that which holds good for the majority of cases, being quite aware that it does not hold good for all.

The law, indeed, is none the less correctly laid down because of this defect; for the defect lies not in the law, nor in the lawgiver, but in the nature of the subject-matter, being necessarily involved in the very conditions of human action.

When, therefore, the law lays down a general rule, but a particular case occurs which is an exception to this rule, it is right, where the legislator fails and is in error through speaking without qualification, to make good this deficiency, just as the lawgiver himself would do if he were present, and as he would have provided in the law itself if the case had occurred to him.

What is equitable, then, is just, and better than what is just in one sense of the word⁠—not better than what is absolutely just, but better than that which fails through its lack of qualification. And the essence of what is equitable is that it is an amendment of the law, in those points where it fails through the generality of its language.

The reason why the law does not cover all cases is that there are matters about which it is impossible to lay down a law,