LECTURE 2

Legal justice

Chapter 1

A.  He treats the legally just itself.

      1.   THE LEGALLY JUST IS DETERMINED BY LAW. — 900-901

Since it was said that the lawless person is unjust and the law-abiding person just, obviously lawful acts are in some measure I just acts. Likewise, what is determined by the positive law is lawful, and we say that such a determination is just.

      2.   THE NATURE OF LEGAL ENACTMENTS.

            a.   For whose sake a law is enacted. — 902-903

But laws aim to touch on everything which contributes to the benefit of all, or of the best, or of the rulers, either on account of virtues or something else. Therefore, for one such reason we call those laws just that bring about and preserve happiness and the things that make for happiness in the civic community.

            b.  On what matters laws are made. — 904-905

A law commands deeds of bravery, for instance, that a soldier should not leave the battle line nor throw away his arms. It commands things belonging to temperance, for example, that no one should commit adultery, that no one should be guilty of outrage. It commands things that pertain to meekness: no one should strike another, no one should contend with another. It is the same with other virtues and vices, the law ordering the former and forbidding the latter. In accord with this, a law rightly drafted will be excellent but one insufficiently considered will be bad.

B.   He considers legal justice.

      1.   THE NATURE OF LEGAL JUSTICE. — 906

Justice itself then is a perfect virtue, not in itself but in relation to another. For this reason justice seems to be the most excellent among the virtues. Hence we have the proverb: “neither evening star nor morning star is so wonderful as justice.”

      2.   IN WHAT WAY IT IS RELATED TO THE VIRTUES.

            a.   He sets forth his intention. — 907

But under justice every virtue is included at the same time, and it is especially the perfect virtue because it is the exercise of perfect virtue.

            b.  He explains his proposition.

                   i.    Legal justice is an especially perfect virtue. — 908-910

Legal justice is perfect because the person who has this virtue can exercise it in relation to another and not in relation to himself alone. Some people can apply virtue to their own affairs but not to affairs pertaining to others. Because of this, the saying of Bias seems to be commendable that authority tests a man, for the prince is already engaged in communication with others. Therefore, justice alone among the virtues seems to be another’s good because it refers to another. It produces goods useful to another, viz., the prince or the common good. Consequently, the man who practices vice in regard to himself and his friends is most wicked. On the other hand the man who practices virtue in regard to himself and toward others—a difficult thing to do—is most honorable.

                   ii.   (Legal justice) includes every virtue. — 911

This virtue, therefore, is not a particular but a general virtue, Likewise, the opposite injustice is not a particular vice but a general one.

            c.   He settles a point which could be called in question. — 912

How virtue and justice differ from one another is evident from what has been said, for they are the same in substance but different in concept. Virtue as related to another is justice; as this kind of habit it is virtue without qualification.

COMMENTARY OF ST. THOMAS

900. After the Philosopher has given the division of justice, he now considers legal justice. First [A] he treats the legally just itself, which is the object of legal justice. Second [B], at “Justice itself then etc., he considers legal justice. He discusses the first point in a twofold manner. First [A, 1 ] he shows that the legally just is determined by law. Now [A, 2], at “But laws aim etc.,” he explains the nature of legal enactments. He affirms first that, since it was said above (895-896, 899) that the lawless man is unjust and the law-abiding man just, it clearly follows that all lawful acts are just in some measure.

goi. He says “in some measure” because every law is determined in relation to some state. Now, not every state possesses what is simply just but some states have only what is partially just, as is evident in the third book of the Politics (Ch. 9, 1281 a 10; St. Th. Lect. 7, 413). In a democratic state where all the people govern, what is partially just is observed but not what is simply just, so that because all the citizens are equal in one respect (i.e., in liberty), therefore they are considered equal in every respect. Consequently, acts that are prescribed by law in a democracy are not simply but only in some measure just. But Aristotle says that those enactments are lawful that have been fixed and determined by positive law, which is within the competence of legislators, and that each enactment so decreed is said to he just in some way.

902. Next [A’, 2] , at “But laws aim,” he explains with what the decrees of law are concerned. He considers this point from two aspects. First [2, a] he shows for whose sake a law is enacted. Then [2, b], at “A law commands,” he shows on what matters laws are made. He says first that laws touch on everything that can be of any possible utility for the community (as in the ideal states where the common good is kept in mind), or for the utility of the best (i.e., certain elders of the state who govern it and are called nobles), or for the utility of he rulers (as happens in states ruled by kings and tyrants). In the framing of laws attention is always given to what is useful to the affair of chief importance in the city.

903. Some may be considered as best or as ruling either because of virtue (as in an aristocratic state where certain ones rule on account of virtue), or for the sake of something else (as in an oligarchy where the few rule on account of riches or power). Since human utility of every kind is finally ordered to happiness, obviously the legal enactments that bring about happiness and the means to it (i.e., the things that are ordered to happiness either principally, like the virtues, or instrumentally like riches and other external goods of this kind) are called just in some fashion. This is by comparison with the civic community to which the framing of a law is directed.

904. At “A law commands” [2, b] he explains on what matters laws are made, saying that a law commands what belongs to individual virtues. It commands deeds of bravery, for instance, that a soldier should not leave the battle line, nor take flight, nor throw away his arms. Likewise, it commands things pertaining to temperance, for example, that no one should commit adultery, that no one should dishonor the person of a woman. Also it commands the things belonging to meekness: no one should strike another in anger, no one should contend with another by insults. It is the same with other virtues whose acts the law commands, and with other vices whose acts the law forbids.

905. If the law is rightly drafted according to this, it will be declared an excellent law. Otherwise it is called aposchediasmenos (from a meaning without, poschedias meaning knowledge, and menos meaning a searching) as if the law was drafted without a thorough knowledge, or the expression may come from schedos signifying a decree published without being thoroughly scanned, from which we have schediazo, i.e., I am doing something off-hand. Hence a law is said to be aposchediasmenos which lacks proper forethought.

906. Then [B], at “Justice itself then,” he determines how legal justice is constituted, showing first [B, 1] the nature of legal justice; and then [B, 2], at “But under justice,” in what way it is related to the virtues. He says first that justice itself is a certain perfect virtue not in terms of itself but in relation to another. Since it is better to be perfect not only in oneself but also in relation to another, therefore it is often said that this justice is the most excellent among all virtues. This is the origin of the proverb that neither Hesperus nor Lucifer, the brightest of the morning and evening stars, shine with such brilliance as justice.

907. Next [B, 2], at “But under justice,” he shows from our discussion thus far how legal justice is related to the virtues. He treats this point under three headings. First [B, 2, a] he sets forth his intention. Then [B, 2, b], at “Legal justice is perfect etc.,” he explains his proposition. Lastly [B, 2, c], at “How virtue and justice etc.,” he settles a point which could be called in question by the present discussion. He states first that justice itself comprehends every virtue at the same time and is even the perfect virtue in a special way. The reason is that legal justice consists in the exercise of virtue having do with another and is in agreement with every virtue prescribed by the law.

908. At “Legal justice is perfect” [ B, 2, b] he explains what was set forth: first [b, i] that legal justice is an especially perfect virtue; and then, at “This virtue, therefore” [b, ii], that it includes every virtue. He says first that legal justice is a perfect virtue because a man who has this virtue can employ it in relation to another and not to himself only—something not characteristic of all virtuous people. Many can practice virtue in things pertaining to themselves but not in the things pertaining to others. To make clear the previous statements he introduces two common sayings or proverbs.

909. Bias, one of the seven wise men, said that authority tests whether a man is perfect or deficient. The man who rules is already engaged in communication with another because it is his business to arrange the things which are ordered to the common good. So from this we see that the perfection of virtue is indicated by the fact that one person is in touch with another. He proposes another saying to show that legal justice refers to another. For this reason legal justice alone seems to be the good of another (that is, relates to our neighbor) inasmuch as it aims to perform actions useful to another, viz., to the community or the ruler of the community. But some virtues aim to achieve an individual’s good, for instance, temperance strives to quiet the disgraceful desires of the soul. The same is true of the other virtues.

910. He draws the conclusion that, as that man is most wicked who practices vice not only in regard to himself but also in regard to his friends, so, that man is most honorable who practices virtue in relation not only to himself but also to others. This is especially difficult. So then it is clear that the law-abiding just man is most virtuous and legal justice is the most perfect of virtues.

911. Then [b, ii], at “This virtue, therefore,” he infers that legal justice embraces every virtue, for it pertains to legal justice to exercise virtue in regard to another. But a person can practice every virtue in his relation with another. Hence obviously legal justice is not a particular virtue but has a connection with virtue in general. Likewise, the opposite vice is not a particular vice but a general vice, since in a similar way man can exercise every vice in his relations with his neighbor.

912. Next [B, 2, c], at “How justice and virtue,” he clarifies something that may be doubtful from the premises. He says that it is clear, from what has been said, the way in which virtue and legal justice differ since they are the same in substance but different in concept. However, virtue in its relation to another is called justice, but precisely as it is a habit operative of such good, it is a virtue simply. This must be understood in regard to the act itself of justice and virtue, for an act identical in subject but diverse in concept is produced by legal justice and by virtue simply so called, for instance, not to commit adultery. But where a special formal aspect of an object exists even in general matter, thee a special habit must be found. For this reason it follows that legal justice is a definite virtue taking its species from this, that it tends to the common good.

LECTURE 3

Particular Justice

Chapter 2

A.  He indicates his proposition. — 913

We are now investigating that justice which is a part of the general virtue. As we have remarked, there is such a virtue. We also intend to speak in a similar way about particular injustice.

B.   He explains (the proposition).

      1.   THERE IS A JUSTICE WHICH IS A PARTICULAR VIRTUE.

            a.   First argument. — 914-915

The proof for the existence of a particular justice is that a man who practices other vices acting unjustly, nevertheless does not act covetously, for example, one who throws away his shield out of cowardice, or who speaks ill of another out of anger, or who refuses financial help because of stinginess. On the other hand, a person often sins by covetousness, although not by one or all of the other vices, but he does sin by this particular vice, for we reproach him for being unjust. There is then another kind of injustice, a part of injustice in general. Likewise, there is a certain unjust thing that is a part of that which is legally unjust.

            b.  Second argument. — 916

Moreover, if one man commits adultery for the sake of gain and makes money by this act, while another commits adultery for the sake of concupiscence and pays, thus sustaining a loss; the second man seems to be more lustful than the first who is unjust rather than lustful, for obviously he acted for gain.

            c.   Third argument. — 917

Yet in all other kinds of injustice’ there is always a reference to some particular vice, for instance, if a man commits adultery it is ascribed to lust. If a soldier deserts his leader, it is 30 referred to cowardice. If anyone strikes another, it is attributed to anger. But if a person makes an exorbitant profit, it is not reduced to any other vice but only to injustice. Hence it is clear that over and above general justice, there is a particular justice.

      2.   WHY IT HAS A NAME IN COMMON WITH LEGAL JUSTICE.

            a.   The reason for this. — 919

This justice has the same name because defined under the same genus, since both agree in a relation to another.

            b.  The difference between them. — 919

But particular justice is concerned with honor, money, security, and all other things of this kind whatever name they may have, and also with the pleasure that follows upon possession. But general justice touches upon everything by reason of which a man can be called virtuous.

C.  He sums up what has already been said and shows what remains to be discussed.

      1.   HE SETS THIS FORTH IN A GENERAL WAY. — 920

Obviously then there is more than one justice, there is another justice besides the general virtue. What this other justice is and its characteristics will be considered now.

      2.   HE TAKES IT UP IN A SPECIFIC WAY.

            a.   What was said about the distinction between justice and injustice. — 921

We have determined that the unjust thing is both the illegally unjust and the unjust simply, but the just thing is both the just corresponding to the law and the just that is equal or fair.

            b.  There is a twofold justice. — 922

Therefore, in accord with the illegally unjust thing, there is an injustice that we previously discussed. Now, the unjust thing that consists in a desire for inequality is not the same, but is related to the other as a part to the whole, for every unjust thing consisting in a desire for inequality is an illegally unjust thing but not the reverse. Besides, the excessive is unequal but not the reverse. Because one unjust thing is not the same as another, so also one injustice is not the same as another but different from it as a part from the whole. The same comparison holds for one injustice with the other.

            c.   Which... we must discuss.

                   i.    We must treat particular justice after this. — 923

We must then discuss particular justice and injustice, and also the just and the unjust thing taken in the same sense.

                   ii.   Here we are not going to treat legal justice. — 924

Justice that corresponds to all of virtue and injustice that corresponds to all of vice, as their exercise pertains to our neighbor, are both to be passed over for the present. It is evident in these cases how the just thing must be determined. Nearly all legal enactments are prescribed by the general virtue, for the law commands us to live according to every virtue and forbids us to live according to any vice.

                   iii. He raises a doubt. — 925-926

However, positive laws are productive of virtue in general in regard to instruction which pertains to the common good. But that instruction according to which a man is good simply, whether it belongs to political science or some other science, must be determined afterwards. Perhaps, to be a good man and to be a good citizen are not the same thing in any state.

COMMENTARY OF ST. THOMAS

913. After the Philosopher has shown that besides this there is a particular what is the nature of legal justice, which is a general virtue, now he shows justice. He treats this point under three headings. First [A] he indicates his proposition; and then [B], at “The proof for etc.,” he explains it. Last [C], at “Obviously then etc.,” he sums up what has already been said and shows what remains to be discussed. He says first that, while legal justice is a general virtue, we are not principally investigating this at present, but that which as a part of the general virtue is a particular virtue. As is commonly held, there is such a virtue. Also we intend to speak about particular injustice in a similar manner.

914. Then [B], at “The proof for,” he explains the proposition. He discusses this point from two aspects. First [B, 1] he shows that besides legal justice, which is a general virtue, there is a justice that is a particular virtue. Next [B, 2], at “This justice etc.,” he assigns the reason why it has a name in common with legal justice. On this question we must consider that to prove there is a justice that is a particular virtue, he takes for granted that there is an injustice that is a particular vice, for we said above (892) that habits are made known by their contraries. He proposes three arguments for this. The first argument [B, 1, a] is taken according to the real distinction of injustice from other vices inasmuch as injustice is found without the others and conversely. From this it is evident that injustice is a particular vice distinct from other vices.

915. He says that we have this proof that there is a particular justice and injustice because a man, who practices other particular vices acting unjustly according to legal injustice, nevertheless does not act covetously in taking something from his neighbor, for example, when a soldier throws away his shield because of cowardice, or a man casts opprobrium on someone because of anger, or a person refuses financial help to a friend because of the vice of stinginess. So other vices can exist without covetousness which is a special kind of injustice. Sometimes, on the contrary, it happens that a person sins by covetousness in taking another’s goods; although he does not sin by some one or all of the other vices, he does sin by a particular vice. This is clear because he is reproached as unjust for that reason. Hence obviously there is another justice-a part of the virtue-that is a special virtue. So evidently there exists also a certain unjust thing that is a part of what is legally unjust-the legally unjust being the unjust thing in general.

916. At “Moreover, if one man” [B, 1, b] he gives the second argument, which is taken from the order to the end. Clearly, if a vicious or evil act is ordered to another unbecoming end, from this fact it will obtain a new species of vice. This is so when a man commits adultery for the sake of gain, for example, to rob a woman or to take from her in any way whatsoever. Also it happens sometimes that a man commits adultery entirely because of concupiscence, so that he not only does not gain but rather gives something of his own and suffers a loss of is goods. A man of this sort seems to be lustful, essentially speaking (per se), since the vice of lust is strictly ordered to the satisfaction of concupiscence. But the man who commits adultery to take a woman’s goods does not seem to be lustful, absolutely speaking, because he does not intend lust as his end. He seems rather to be unjust since he sins against justice for the sake of gain. So it is clear then that injustice is a special vice.

917. At “Yet in all” [B, i, c] he assigns the third argument, which is taken by comparison with legal justice. As nothing is contained in a genus that is not contained in some species, so anything that is done according to legal injustice is reduced to a particular vice. If a man acts contrary to legal justice by committing adultery, this will be referred to the vice of lust. If a soldier deserts his general in battle, this will be attributed to the vice of cowardice. If anyone immoderately strikes his neighbor, this will be ascribed to the vice of a anger. But if a person inordinately enriches himself by pilfering another’s goods, this will not be ascribed to any other vice except injustice. Hence it remains that there is a particular injustice over and above the other injustice that is a general vice. For a like reason there is another particular justice besides legal justice that is a general virtue.

918. Then [B, 2] at “This justice has,” he shows why a particular virtue of this kind is also named justice. First [B, 2, a] he assigns the reason for this from the agreement of particular with legal justice. Next [B, 2, b], at “But particular justice,” he explains the difference between them. He says first that particular justice is univocal, that is, has a common name with legal justice. The reason is that they agree in definition according to the same genus inasmuch as both are concerned about what relates to another. However, legal justice is taken into account in relation to what is the common good, while particular justice is ordered to another as pertaining to a private person.

919. Next [B, 2, b], at “But particular justice,” he explains the difference between justice and injustice on part of the matter. He says that particular justice regards hose things hat take into account social intercourse, like honor, money, whatever pertains to the safety or harm to the body, and so on. Likewise, particular justice is concerned not alone with external things but also with pleasure consequent on the profit by which a man takes his neighbor’s goods beyond what he ought. But legal justice and injustice treat all moral matters in general in whatsoever way a man may be said to be good or virtuous about a thing.

920. At “Obviously then” [C] he summarizes what has been said and shows what remains to be discussed. First [C, 1] he sets this forth in a general way; and then [C, 2] at “We have determined etc.,” he takes it up in a specific way. He says first that it is clear from the premises (913-919) that there is more than one justice, viz., legal justice and justice aiming at equality, and that over and above legal justice, as a general virtue, there is a particular justice. But we must determine later on (927-1077) the nature and characteristics of particular justice.

921. Then [C, 2], at “We have determined,” he shows in detail what has been treated and what remains to be discussed. First [C, 2, a] he resumes what was said about the distinction between justice and injustice. He affirms that we have determined that the unjust thing is called illegal and unequal either by excess or defect. On the contrary, the just thing is called legal and equal.

922. Next [C, 2, b], at “Therefore, in accord with,” he resumes what he has said, viz., that as there is a twofold just thing, so there is a twofold justice. He affirms that in accord with the illegally unjust thing there is a certain injustice, previously discussed (911, 919), which is a general vice. Likewise, in accord with the just corresponding to the law, there is a certain justice that is a general virtue. Now, the unjust thing consisting in a desire for inequality and the illegally unjust thing are not altogether the same, but one is related to the other as a part to the whole so that every unjust thing consisting in a desire for inequality is an illegally unjust thing, but not the reverse. Again, every thing that is excessive is unequal but not the reverse, since there is a certain illegal injustice in having too few burdens. Because (I say) one unjust thing is a part of the other unjust thing, and they are not entirely the same; in a similar way, therefore, the injustice called inequality is not entirely the same as illegal injustice but is compared to it as a part to the whole. Also the justice aiming at equality is compared to legal justice in a similar manner.

923. Last [C, 2, c], at “We must then,” he shows which of these things we must discuss. On this point he does three things. First [c, i] he says that we must treat particular justice after this (927-1077), and similarly the just and the unjust thing particularly so called.

924. Then [c, ii], at “Justice that corresponds,” he explains that here we are not going to treat legal justice. He affirms that legal justice-which conforms to all of virtue inasmuch as the use of the whole of virtue referring to our neighbor pertains to it-is to be passed over for the present. Likewise, the opposite injustice (inasmuch as the use of the whole of vice pertains to it) is to be passed over. It is clear how what is just and unjust ought to be determined according to justice and injustice of this kind, because they are the precepts as laid down by the law. The greater part of legal prescriptions are enjoined in agreement with the whole of virtue inasmuch as the law commands us to live according to every virtue and forbids us to live according to any vice. However, there are certain determinations of the law that do not belong directly to the exercise of any virtue but to some disposition of external goods.

925. Last [c, iii], at “However, positive law,” he raises a doubt. It is evident that positive laws are productive of virtue in general by the instruction given a man in reference to the common good. But there is another kind of instruction by which a man is trained in virtuous actions as applicable to him individually, i.e., to his proper good inasmuch as in this way a man becomes virtuous in himself. Therefore, there can be a doubt whether instruction of this kind should belong to political science or to so-me other science.

926. He says that this question must be settled afterwards in the work on Politics. It is proved in the third book of the Politics (Ch. 4, 1276 b 16-1277 b 33; St. Th. Lect. 3, 365-377) that to be a good man simply and to be a good citizen are not the same in every state. There are some states not worthy of honor in which a person can be a good citizen yet not be a good man. Bt in the most worthy state no one is a good citizen who is not a good man.

LECTURE 4

Distributive and Commutative justice

Chapter 2

I.    HE CONSIDERS PARTICULAR JUSTICE IN A GENERAL WAY.

      A.  He makes a division of particular justice.

            A’ He indicates a species of particular justice. — 927

One species of particular justice and of the just thing corresponding to it consists in the distribution of honor, money, and other common goods that are to be apportioned to people sharing in social community, for in these matters one man as compared with another may have an equal or unequal share.

            B’ He gives a second kind of particular justice. — 928

Another species gives directions for use in private transactions.

            C’ He subdivides commutative justice.

                   1.   THERE ARE TWO PARTS. — 929

There are two parts of this species, as some types of transaction are voluntary and others involuntary. Examples of the voluntary are selling, buying, bail, loan, deposit, rent. They are called voluntary because the origin of these exchanges is voluntary.

                   2.   THE OTHER DIVISION OF TRANSACTIONS. — 930-931

Some kinds of involuntary transaction are occult, like theft, adultery, poisoning, procuring, enticement of a slave, assassination, false testimony. Others are one done with manifest violence, for example, beating, imprisonment, murder, robbery, despoiling parents of children, reproach, outrage.

B.   How a mean may be taken in this virtue.

      A’ The just thing is a mean.

            1.   IN WHAT WAY THE JUST THING... MAY BE DETERMINED.

                   a.   The just thing may be taken as a mean according to distributive justice.

                         i.    He proves that the mean... should be taken according to a... relationship of proportions.

                               x.   FROM THE VERY CONCEPT OF JUSTICE.

                                     aa.  The just thing is a certain mean. — 932-933

Chapter 3

Since the unjust person is unfair and the unjust thing is unequal, it is clear that there is a mean corresponding to what is unjust. This is the equal, for in operations of this kind where there is more or less, there is also an equal. Therefore, if the unjust thing is the unequal and, the just thing the equal—and this is evident in all situations without need of proof—then the just thing will be the mean since the equal is the mean.

                                     bb. The mean is according to a certain relationship of proportions. — 934-935

However, the equal implies at least two things. Therefore, since the just thing is both a mean and an equal, it necessarily is related to another and pertains to certain matters of equality. As a mean it will be between two things which are more and less. As it is an equal it will be between two things. As it is a just thing it will concern matters in relation to other persons, for justice regards another. Therefore, the just necessarily involves at least four objects, viz., two persons by whom justice is observed and two things about which justice is done. There will be the same equality between persons and between things in such a way that, as things are related to one another, so are persons. If they are not equal they will not have equal shares, and from this source quarrels and complaints. will arise, when either persons who are equal do not receive equal shares in distribution, or persons who are not equal do receive equal shares.

                               y.   FROM THE CONCEPT OF MERIT — 936-937

Moreover, this is clear from the fact that bestowal should be made according to merit, for he juwt thing in distribution has to be done according to a certain merit. But all do not agree that merit consists in the same thing. People of a democracy place it in a condition of freedom, people of an oligarchy in one’s riches or nobility of birth, and people of an aristocracy in a state of virtue.

COMMENTARY OF ST. THOMAS

927. After the Philosopher has differentiated particular justice from legal justice, he now begins to investigate particular justice without treating legal justice. He divides the investigation into two parts. In the first part [I] he considers particular justice in a general way by comparison with its proper object, and in the second part [Lect. 11], at “Since someone etc.” (B. 1134 a 16), he considers it in its application to the subject. In regard to the first part, he does two things. Initially [A] he makes a division of particular justice. Next [B], at “Since the unjust person etc.,” he explains how a mean may be taken in this virtue. He discusses the initial point from three aspects. First [A’] he indicates a species of particular justice. He says that one species—the same holds for the unjust thing corresponding to it—consists in the distribution of certain common goods (either honor or money or any other thing belonging to external goods or even to external evils, like labor, expenses and so on) that are to be apportioned among people who share in social community. He proves that this should belong to particular justice because in matters of this kind, equality and inequality—which belong to particular justice and injustice, as was stated before (922).Of one person to another are taken into consideration.

928. Next [B’], at “Another species,” he gives a second kind of particular justice. He says that another species establishes a measure of justice in transactions, by which a thing is transferred from one person to another -in the first species the transfer of a thing from the community to the individual was considered.

929. Last [C’], at “There sire two parts,” he subdivides commutative justice according to the different kinds of transactions, making a twofold division. He says first [1] that there are two parts of commutative justice because there are two kinds of transactions. Some are voluntary, others involuntary. The voluntary are so-called because the principle of transaction is voluntary in both parties as is evident in selling and buying, by which one man transfers the dominion over his own property to another as compensation for a price received; in barter, by which someone gives what is his to another for something of equal value; in bail, by which a person voluntarily appoints himself a debtor for another; in a loan, by which a man grants the use of his property to another without recompense but reserves ownership of the thing to himself; in a deposit, by which one commits something of his to the custody of another; in rent, by which a person accepts the use of something belonging to another for a price.

930. Then [2], at “Some kinds of involuntary,” he subdivides the other division of transactions, saying that some involuntary transactions are occult: like theft by which one takes a thing belonging to another who is unwilling; adultery, by which a man secretly approaches the wife of another for sexual intercourse, poisoning, which a person poison another with intent either to kill or injure in some way. Also they are especially called poisoners who by some sorcery bring about murder or harm. Paragogia is a derivation or a leading away, for example the occult diversion of a stream belonging to one person to the property of another. The enticement of a slave takes place when someone induces another’s slave to flee from his master. Assassination is that slaying which happens from wounds inflicted by trickery. Testimony is false in which a person conceals the truth by lying. Other transactions are involuntary and done by manifest violence. Thus a man may use violence either upon a person by beating, fettering, murdering, or upon things by robbing another of his goods, by despoiling parents of their children through murder. Likewise, a man may use violence through infamy by using reproachful words, or through injury by inflicting outrage.

931. We must consider that the voluntary and involuntary in transactions make a difference in the species of justice because voluntary transactions cause the subtraction of only a thing which must be repaid according to the equality of justice. But involuntary transactions cause a certain injury. Hence the robber is forced not only to return the thing plundered but to undergo punishment because of the affront inflicted. Since the involuntary is twofold, viz., arising from force and from ignorance, he divides involuntary transactions into those which are occult, as it were through ignorance, and those that are done openly through violence.

932. Next [B], at “Since the unjust person,” he shows how a mean is understood in these matters. He discusses this point from two aspects. First [13, A’] he explains how the just thing is a mean; and then [Lect. 10], at “From these discussions etc.” (B. 1133 b 30), how justice is a mean. He treats the first point in a twofold manner. First [A’, 1 ] he shows in what way the just thing, consisting in a mean according to either justice, may be determined. Next [Lect. 8], at “Some philosophers seem to think etc.” (B. 1132 b 21), he rejects an error. He further discusses the first point in two stages. First [1, a] he explains how the just thing may be taken as a mean according to distributive justice; and second (Lect. 6], at “There remains another etc.” (B. 1131 b 25), according to commutative justice. He considers the first point in two ways. First [a, i] he proves that the mean of distributive should be taken according to a certain relationship of proportions. Next [Lect. 5],at “Therefore the just thing etc.” (B. 113i a 30), he shows what the nature of that relationship of proportions is. On the initial point he does two things. First [i, x] he proves the proposition from the very concept of justice; and then [ i, y ], at “Moreover, this is clear etc.,” from the concept of merit. He treats the first point under two headings. First [x, aa] he shows from the very notion of justice that the just thing is a certain mean. Second [x, bb], at “However, the equal etc.,” he explains that the mean is according to a certain relationship of proportions.

913. He says first that, as was said previously (898, 921), the unjust man is one who desires an inequality of good and evil, and the unjust thing is that which consists in an inequality, and concerns both too much and too little. But wherever there is more and less, there the equal must be found, for the equal is the mean between the greater and the less. Hence wherever we find equality, there we find a mean. It is clear then that the unjust thing is a kind of unequal thing. That the just thing is a kind of equal thing is obvious to everyone without any proof. Therefore, since the equal is a mean between more and less, as has been shown (310, 896, 898), it follows that the just thing is a kind of mean.

934. At “However, the equal” [x, bb] he explains that the just thing is a mean according to a certain relationship of proportions. To prove this he takes for granted that the equal consists in at least two things between which an equality is considered. Therefore, since the just thing is both a mean and an equal, inasmuch as it is just, it is necessarily a relation to something, i.e., with respect to another, as is evident from what has been indicated (922); but inasmuch as it is an equal it pertains to certain matters in which equality between two persons is taken into account. Thus it is evident that if we consider the just thing precisely as a mean, it will then be a mean between two things that are more and less. But precisely as the just thing is an equal, it must be between two things (as a just thing, of course, it must concern some matters in relation to other persons, because justice regards another person). However, justice insofar as it is a mean, an extrinsic thing, considers more or less; but as something intrinsic it considers two things and two persons in which justice is established. So it is clear that what is just, necessarily consists in at least four objects, viz., two persons by whom justice is observed and two things about which justice is done.

935. In the concept of justice there must be the same equality between persons who practice justice and between things about which justice is done, so that as the things are related to one another, so are the persons. Otherwise they will not have shares proportional to themselves. But, by reason of this quarrels and complaints arise as if justice had been neglected because, either persons who are equal do not receive equal shares, for example, if laborers are paid wages for doing an unequal amount of work, or are paid unequal wages for doing an equal amount of work. So then it is evident that the mean of distributive justice is taken according to a certain relationship of proportions.

936. Then [i, y], at “Moreover, this is,” he shows that it is obvious also by reason of merit that the just thing consists in a certain relationship of fore they think it proper that equal proportions. In this way a thing is said to be just in distributions inasmuch as allotment is made according to merit as each is worthy to receive. A certain relationship of proportions is designated by this—that as one person is deserving of one thing, so another is deserving of another thing.

937. However, all do not judge merit in distribution in agreement with the same norm. In a democratic state where everyone governs, they judge merit according to a condition of freedom. Because the common people are the equal of others in freedom, therefore they think it proper that equal distribution be made to them. In an oligarchy where some few rule, they measure merit according to a man’s riches or according to nobility of birth, so that men who are more eminent by birth or riches should have more of the common goods. In an aristocracy where certain men govern because of their virtue, they measure merit according to a state of virtue, so that a man should have more who practices virtue more perfectly. Thus it is clear that the mean of distributive justice is understood according to a relationship of proportions.

LECTURE 5

Proportionality

Chapter 3

A.  He explains in what way the just thing should be taken according to a certain proportionality.

      1.   SOME GENERAL COMMENTS ABOUT PROPORTIONALITY.

            a.   The just thing is fittingly said to be according to proportionality. — 938-939

Therefore, the just thing is something belonging to proportion, for the proportional is proper not only to abstract number but to all enumerations. Proportionality is an equality of ratios.

            b.  The second comment. — 940

Proportionality consists of four parts at least. It is clear that discrete proportionality has four terms, but so does continuous proportionality, for we use one term in two different aspects and state it twice, for example, A is in proportion to B as B is to G. So B has been stated twice. Wherefore if B is used twice there will be four proportioned terms.

      2.   HOW THE JUST THING CONSISTS IN A CERTAIN PROPORTIONALITY. — 941-943

Like proportionality, what is just is also found in four terms at least, for both the things and persons are divided according to a similar proportion. Therefore, as the term A will be to B, so G will be to D. Hence, alternating, as A is to G, B will be to D. Therefore, the whole will be related to the whole, and this is what distribution conjoins.

If adjustment be made in this way, it will be justly done. Therefore, the union of term A with G, and of B with D will be the just thing and the mean guiding distribution. But the unjust thing is outside of what belongs to proportion, for the proportional is a mean and the just thing belongs to proportion.

      3.   THE NATURE OF PROPORTIONALITY.

            a.   The above-mentioned proportionality... is called geometrical. — 945

Mathematicians call this proportionality geometrical, for in geometry it happens that the whole is compared to the whole as part to part.

            b.  This proportionality ... cannot be continuous. — 449

But this proportionality is not continuous because there is no numerically common term for t he person and the thing.

B.   He shows how the unjust thing is outside that proportionality. — 946

This just thing then is a proportional. But the unjust thing is outside the proportional either by excess or defect. This occurs in distributions where a man acts unjustly when he accepts too much and a man suffers unjustly when he has too little of good. The reverse is true in regard to evil. By comparison with a greater evil a lesser evil has the aspect of good, for a lesser evil is preferable to a greater one. Good is preferable, and a greater good is more to be preferred. This then is one kind of the just thing.

COMMENTARY OF ST. THOMAS

938. After the Philosopher has shown that the mean of distributive justice is taken according to proportionality, he now shows according to what proportionality and in what way it is understood. He considers this point in a twofold manner. First [A] he explains in what way the just thing should be taken according to a certain proportionality. Second [B], at “This just thing etc.,” he shows how the unjust thing is outside that proportionality. He discusses the initial point under three aspects. First [A, 1] he presents in advance some general comments about proportionality. Then [A, 2], at “Like proportionality etc.,” he explains how the just thing consists in a certain proportionality. Last [A, 3], at “Mathematicians call etc.,” he shows the nature of proportionality by which a thing is judged just in distributive justice. On the first point he premises two comments. The first [1, a] is that the just thing is fittingly said to be according to proportionality, because proportionality is found not only in the enumeration of units (which is number simply taken and here called abstract number), but the quality of being proportionate is met with wherever number is found.

939. This is so because proportionality is simply geometrical equality, i.e. this to this and that to that contains the proportion of equality. Proportion is only a relation of one quantity to another. But quantity has the nature of a measure. It is found in numerical unity and is transferred from there to every kind of quantity, as the tenth book of the Metaphysics indicates (Ch. 1, 1052 b 20 sq.; St. Th. Lect. 2, 1938). Therefore, number primarily is found in the enumeration of units, and thence is attributed to every genus of quantity which is measured according to the idea of number.

940. He makes the second comment at “Proportionality consists” [1, b], saying that every proportionality consists of four parts at least. It has a twofold division, one of which is a disjunctive proportionality and the other a continuous proportionality. The disjunctive proportionality is an equality of two proportions not alike in any term. Therefore, when any proportion exists between the two, it is evident that the disjunctive proportionality consists of four terms, as when I say: as six is to three as ten is to five. There is a double proportion on both sides. The continuous proportionality is an equality of two proportions alike in one term, for instance, if I say: as eight is to four so four is to two. There is a double proportion on both sides. Therefore in this continuous proportionality there are in some measure four terms inasmuch as we use one term in two different aspects, declaring it twice, i.e., in either proportion as when I say: the proportion of A to B (or eight to four) is the same as the proportion B to C (or four to two). There is a double proportion from both sides. In this way B is used twice. Hence, although B is one in subject, nevertheless, because it is taken in two different aspects there will be four proportioned termes.

941. Then [A, 2], at “Like proportionality” he shows how the mean of distributive justice is taken according to proportionality. He says that, like proportionality, the just thing is found in four terms in which the same proportion is observed, because the things that are distributed and the persons to whom distribution is made are divided according to the same proportion. Therefore, let A be one term, for example, two pounds, and B one pound. But let G be one person, for example, Socrates who has worked two days, and D, Plato, who has worked one day. Therefore, as A is to B so G is to D, because a double proportion is found on the one side and the other. Hence by alternation, as A is to G, so B is to D. Whatever things are proportionable one to another are proportionable by alternation, as is evident in the preceding example (940), for instance, as ten is to five so eight is to four. Therefore, by alternation, as ten is to eight, so five is to four, for there is a ratio of five to four on one side and the other. In this way then, by alternation, it will be true to say that as A is to G, i.e., two pounds to the man who worked two days, so B is to D, i.e., one pound to the man who worked a day.

942. In such matters we must also consider that in the things proportionable in this way, the ratio of one to the other is the ratio of the whole to the whole. For example, if the ratio ten to eight is the same as five to four, it follows further that the ratio ten to eight and five to four will be the same ratio as ten and five taken together’ i.e., fifteen to eight and four taken together, i.e., twelve. The reason is that here we have also the ratio of five to four. How does this happen? Because fifteen contains twelve and its fourth part, i.e., three.

943. In the proposition it follows that, if as this thing is to this person, so that thing is to that person, then also the whole will be to the whole in the same way, i.e., both things taken together will be to both persons taken together. This is as distribution connects them. If in distribution man unites the things to the persons in this way, he acts justly. It is plain then that the union of A with G, i.e., of a thing doubled with a person doubly more deserving, and of B with D, i.e., of a half thing with a person deserving only half is the just thing in distribution and such a just thing is a mean. But the unjust thing is outside this proportionality. The proportional is a mean between excess and defect because the proportionality is an equality of proportion, as has been remarked (939). So the just thing is a mean since it is a certain proportional.

944. At “Mathematicians call” [A, 3] he explains the nature of proportionality according to which this just thing is understood. On this point he does two things. First 13, a] he says that the above-mentioned proportionality, which is considered according to the equality of proportion, is called geometrical by mathematicians. In this it happens that as the whole is to the whole so one part is to another, as we have pointed out in previous discussions (939-940). But this does not take place in arithmetical proportionality, which we will treat later (950).

945. Next [3, b], at “But this” he says that this proportionality, which is observed in distributive justice, cannot be continuous because on one side are the things and on the other the persons. So it is not possible to take for a common term a person to whom distribution is made and the thing which is distributed.

946. Then [B], at “This just thing,” he considers what is unjust in distributions. He says that, since the just thing is proportionable, it follows that the unjust thing is outside the proportionable. This happens either by reason of more or less than the equality of proportion demands, as is evident in the very operations of just and unjust distribution. That man acts unjustly who accepts for himself too many goods, but he suffers unjustly who has too few. The reverse is true in regard to evils. Since a lesser evil has the aspect of good by comparison with a greater evil, the lesser evil is more to be preferred than the greater evil. Everything is chosen under the aspect of good, and for this reason the thing which has the aspect of greater good is more to be preferred. So then this is one species of justice that has been discussed.

LECTURE 6

The Mean of Commutative justice

Chapter 4

A.  He shows that there is a species of justice in addition to distributive. — 947

There remains another kind of justice directive of what is done both in voluntary and involuntary transactions.

B.   This differs from the other justice.

      1.   HE SETS FORTH HIS PROPOSITION. — 948

This differs in species from the preceding justice.

      2.   HE PRESENTS THE DIFFERENCE.

            a.   He reviews something relative to distributive justice. — 949

What is just in the distribution of common goods is always in conformity with proportionality previously discussed, for when distribution is made of common wealth, it will be made according to the proportion contributed by each one. on the other hand the unjust thing opposed to this just thing is outside the proportional.

            b.  What pertains to commutative justice.

                   i.    A fact relative to commutative justice. — 950-951

However, in transactions the just thing is an equal—and the unjust thing an unequal—not according to geometrical but according to arithmetic proportion. Here it does not matter whether the good man steals from the wicked man or the wicked from the good, whether the good or wicked man commits adultery. But the law looks at only the nature of the damage done, and treats the parties as equals, if indeed one does an injustice and the other suffers an injustice, if this one injures and that one is injured. Therefore, the judge attempts to reduce to equality the unjust thing which has an inequality.

                   ii.   He clarifies this by an example.

                         x.   THE EXAMPLE. — 952

If one of two contestants receives a wound and the other inflicts a wound or even one commits murder and the other is murdered the division of action and passion brings about inequality. However, a judge tries to remove inequality by awarding damages.

                         y.   HE RESOLVES A DOUBT. — 953

In the interest of plain talk, we speak of gain in these matters, even though the name is not appropriate to some cases, for example, to the person who strikes another or to the person injured. But when passion is measured, one thing is called loss and another gain.

                   iii. Some corollaries.

                         x.   ON THE PART OF THE JUST THING ITSELF. — 954

Therefore, that which is just is an equal, a mean between more and less in such a way that gain is taken as more, and loss as less. Gain is understood in contrary ways, for it is more in relation to good and less in relation to evil, while the opposite is true of loss. Between gain and loss stands a mean, the equal which we call the just. This then is a directive, and will be the mean between gain and loss.

                         y.   ON THE PART OF THE JUDGE. — 955

For this reason when men are in doubt they have recourse to a judge. But going to a judge is going to justice, for a judge ought to be living justice. Men approaching a judge are seeking an intermediate, and this is why judges are called intermediaries or mediators, as if they touch the mean when they attain what is just. Therefore, the just thing is a mean as also is the judge who brings about an equality.

COMMENTARY OF ST. THOMAS

947. After the Philosopher has shown how the mean should be taken in distributive justice, he now explains in what way the mean should be understood in commutative justice. He discusses this point under three aspects. First [A] he shows there is a species of justice in addition to distributive. Then [B], at “This differs etc.,” he says this differs from the other justice. Third [Lect. 7], at “It is as though etc.” (B. 1132 a 25), he shows how a mean should be understood in this kind of justice. He says first that in addition to the preceding species of justice which exists in distributions, there remains one that is directive of transactions both voluntary and involuntary.

948. Then [B], at “This differs,” he shows the difference between this species and the preceding. He treats this point under two headings. First [ B, 1] he sets forth his proposition, saying that the just thing existing in transactions belongs to another species than distributive justice.

949. Second [B, 2], at “What is just,” he presents the difference. First [2, a] he reviews something relevant to distributive justice. Then [2, b], at “However, in transactions etc.,” he shows what pertains to commutative justice. He says first that the justice mentioned before always directs the distribution of common goods in conformity with proportionality, i.e., the geometrical which is observed in the equality of proportion. This is clear because if wealth belonging to the city or to certain men must be distributed to individuals, the distribution will be made in such a way that each may receive from the community in that ratio according to which he contributed to the community. We suppose in business ventures that the more a man invests in a company the greater is his return. As the just thing directing distributions consists in this proportionality, so the opposite unjust thing consists in disregarding proportionality of this kind.

95o. At “However, in transactions” [2, b], he shows what pertains to commutative justice. He gives a threefold consideration of this notion. First [b, i ] he explains a f act relative to commutative justice. Next [b, ii], at “If one of two contestants etc.,” he clarifies this by an example. Third [b, iii], at “Therefore, that which etc.,” he deduces some corollaries from the premises. He says first that the Just thing that exists in transactions agrees somewhat with the just thing directing distributions in this-that the just thing is equal, and the unjust thing, unequal. But they differ in the fact that the equal in commutative justice is not observed according to that proportionality, viz., geometrical, which was observed in distributive justice, but according to arithmetical proportionality which is observed according to equality of quantity, and not according to equality of proportion as in geometry. By arithmetical proportionality six is a mean between eight and four, because it is in excess of the one and exceeds the other by two. But there is not the same proportion on the one side and the other, for six is to four in a ratio of three to two while eight is to six in a ratio of four to three. On the contrary by geometrical proportionality the mean is exceeded and exceeds according to the same proportion but not according to the same quantity. In this way six is a mean between nine and four, since from both sides there is a three to two ratio. But there is not the same quantity, for nine exceeds six by three and six exceeds four by two.

951. Therefore, in commutative justice the equal is observed according to arithmetic proportion. This is clear from the fact that here the different relations of persons are not considered. It does not matter, insofar as commutative justice is concerned, whether a good man has stolen or robbed an evil man of his property or an evil man has done it to a good citizen. Likewise, it does not matter whether a good or evil man commits adultery. The law takes into account only the nature of the injury, so that the man who has done more damage, whatever his condition, must make more restitution. So it is evident that if one of two contestants does an injustice and the other suffers an injustice, one injures and the other is injured, the law treats them as equals, however much they may be unequal. Hence a judge, who is a dispenser of the law, attempts to reduce that injustice-by which one man injures another and which has a certain inequality-to an equality by establishing an equality in the very quantity of things and not according to the relation of different persons.

952. Next [b, ii], at “If one of two contestants,” he clarifies what he had said, by an example. First [ii, x] he presents the example; and then [ii, y], at “In the interest of plain talk etc.,” he resolves a doubt. First he sets forth the example of a personal injury about which too little is clear. He says that if one of two contestants receives a wound and the other inflicts it, or even if one commits murder and the other is murdered, this division of action and passion brings about inequality because the assailant and the murderer have more of what is esteemed good, inasmuch as they have done their own will and so seem as it were to have gained. But the man who is wounded or murdered has more of evil insofar as he is deprived against his will of well-being or life, and so he seems as it were to have suffered loss. The judge tries to equalize this by subtracting from the gain and allotting compensation for the loss, inasmuch as he takes away something from the assailant and the murderer contrary to their will and bestows it to the gain or honor of the person wounded or murdered.

953. Then [ii, y], at “In the interest of plain talk,” he resolves a certain doubt that could arise from the words “gain and loss.” He says that, in the interest of plain talk, the terms “gain and loss” are used in matters where a person has more or less. Strictly these words refer to what we possess, and sometimes they do not seem suitable, for example, in the case of personal injuries (as when one person receives a blow and another inflicts it, some injury results) because a fixed measure of action and passion cannot be taken in injuries of this kind so that what is more can be called gain and what is less, loss. But when passion is measured, i.e., according to the measure of justice, then what is more is called gain and what is less, loss.

954. At “Therefore, that which is just” [b, iii], he deduces two conclusions: the first [iii, x] on the part of the just thing itself; and the second [iii, y], at “For this reason etc.,” on the part of the judge. He says first that the just thing in transactions is a kind of equal that is a mean between more and less in such a way that gain is taken as more and loss as less. However, they are understood in different ways in good and evil, for to have more of good and less of evil belongs to the nature of gain. But the contrary pertains tp the idea of loss. Between these two, gain and loss, stands a mean, that equal which we cail the just thing. Consequently that just thing, which gives directions in transactions, is a mean between gain and loss as both these terms are commonly understood.

955. Next [iii, y], at “For this reason,” he draws a conclusion on the part of the judge of whom it was said (952) that he tries to bring about an equality. Aristotle affirms that because the just thing is a mean between gain and loss, it follows that when men are in doubt about the mean they have recourse to a judge. A judge ought to be, as it were, living justice, so that his soul is entirely possessed by justice. But the people who go to a judge seem to be seeking a mediator between parties who quarrel. Consequently, judges are called intermediaries or mediators as if they may attain the intermediate or the mean, and lead the way to what is just. So then it is evident that what is just, the subject of our discussion, is a certain mean because the judge, who determines this just thing, is the middle inasmuch as he proposes what is equal between the parties. But the equal is the mean or middle between more and less, as we have pointed out (310, 933).

LECTURE 7

Finding the Mean of Commutative Justice

Chapter 4

C.  He shows how the mean of that justice which regulates transactions is understood.

      1.   HE DISCLOSES HIS PROPOSITION.

            a.   How we may discover the mean of commutative justice.

                   i.    An example to show how the mean is applied.

                         x.   THE EXAMPLE. — 956-957

It is as though the judge were dealing with a line divided into unequal sections, and took from the greater section the length exceeding the half and added it to the smaller section. When a whole belonging to two men is divided by the dicha or measure, then it is said that each has what is his inasmuch as each receives an equal portion—the equal portion being a mean between something greater and something less according to arithmetic proportionality.

                         y.   THE APPROPRIATENESS OF THE EXAMPLE. — 958

Therefore, this mean is called dicheon (dikaion)—since it is a dicha (measure)—in the way they say dicheon (just thing) and dichastes (just man) and dichaste (justice). [W. D. Ross translates it: “It is for this reason also that it is called dikaion, because it is a division into two equal parts (dicha), just as if one were to call it dichaion; and the judge (dicastes) is one who bisects (dichastes).” –p. 1009]

                   ii.   He clarifies what he has said.

                         x.   HE EXPLAINS HIS STATEMENT. — 959-960

If there are two equals and the half of one is taken from it and added to the other, the other will exceed it b by two. But if what was taken away was not added to the other, the other would exceed the half by one. Therefore, the half taken is equal to one, and the half from which subtraction was made is equal to one. From this we know both what must be taken from the person with too much, and what must be added to the one with too little. The amount exceeding the mean must be awarded to the man with too little and taken from the one with too much.

                         y.   HE EXPRESSES IT BY TERMINALS. — 961

Let us take three equal lines and mark them by the terms AA, BB and GG. Subtract AE (the half of A) from AA, and add it to GG and call it GD. Therefore the whole line DGG exceeds the line AE by that which is GD and by that which is GB (the half of G), but it exceeds line BB by that which is GD.

            b.  He shows how we may discover (the mean) in the matter of the different arts. — 962

This is true also in other arts, for they would be destroyed if the craftsman doing the quality and quantity of work which he should is not supported accordingly.

      2.   HE EXPLAINS THE ORIGIN OF THE NAMES, GAIN AND LOSS. — 963-964

The names, gain and loss, have their origin in voluntary transactions. When a man owns more than he did own he is said to have profit, but when less he is said to have loss, as in buying, selling, and other exchanges permitted by law. However, when men have neither more nor less but the same after their transactions they are said to have what is theirs, neither gaining profit nor suffering loss. Therefore, justice is a mean between some kind of gain and loss arising in involuntary transactions; it is having an equal amount of these both before and after the transaction.

COMMENTARY OF ST. THOMAS

956. After the philosopher has shown the difference between the mean of justice regulating transactions and the mean of justice regulating distributions, now [C] he shows how the mean of that justice which regulates transactions is understood. He handles this point in a twofold fashion. First [ C, 1] he discloses his proposition. Then [C, 2], at “The names etc.,” he explains the origin of the names, gain and loss, which he has used. He discusses the initial point from two aspects. First [1, a] he shows how we may discover the mean of commutative justice in these things; next [1, b], at “This is true etc.,” how we may discover it in the matter of the different arts. He treats the first point in two ways. First [a, ij he introduces an example to show how the mean is applied in commutative justice. Then [a, ii], at “If there are etc.,” he clarifies what he has said. In regard to the initial point he first [i, x] gives the example to explain his proposition. Then [i, y], at “Therefore, this mean etc.,” he shows the appropriateness of the example from the very manner of speaking.

957. Aristotle says that this is the way a judge expresses a reduction to equality. If he wishes to reduce to equality a line divided into unequal parts, he takes away from the larger part that portion by which it exceeds the half of the whole line and adds it to the smaller part so that the half of the whole line is a certain dicha, i.e., rule or measure for reducing unequal portions to an equality. So when a whole thing belonging to two men is divided by such a dicha or measure, then it is said that each one has what is his inasmuch as he receives equality—which is the mean between more and less—according to arithmetic proportionality. The reason is that the mean of justice is exceeded by the one with more to the extent that it exceeds the person with less-this pertains to arithmetic proportionality, as we pointed out before (944,950).

958. Then [i, y], at “Therefore, this mean,” he shows that the preceding example is suitable according to Greek usage. He says that since the mean of this justice is a certain dicha, hence it is that the just thing is called dicheon by the Greeks, as if a person wanting to vary the names should say that dicheon is the just thing, dichastes the just man, and dichaste justice.

959. Next [a, ii], at “If there aretwo equals,” he makes clear what he has said, viz., that it is necessary to take from one with more in the amount exceeding the mean and to give to one with less. First [ii, x] he explains his statement; and then [ii, y], at “Let us take etc.,” he expresses it by terminals. He says first, let us take two equal lines both of which are two measures long, for example, two palms breadth or two feet; let us subtract half from one line and add it to the other. Obviously, the line receiving the addition exceeds the other by two units because the line from which the subtraction was made has only one unit remaining, and the line to which the addition has been made has three units. But if the section subtracted from one line is not added to the other, there will be an excess of only one unit. By that line, to which nothing is added or from which nothing is subtracted, we understand the mean of justice, having as it does neither more nor less than what belongs to it. By the line to which addition has been made we understand the person who has too much. By the line from which subtraction has been made we understand the person who has too little.

960. In this way then it is evident that the man who has too much exceeds the mean by one unit, which has been added to it over and above, but the mean exceeds by one-which has been taken from it-that from which subtraction has been made. Therefore, we will know by this mean what we ought to take from him who has more and give to him who has less. Besides, we will know that we ought to take from the greater, i.e., from him who has more, the amount by which he exceeds the mean because we ought to give him who has less in the amount the mean exceeds him.

961. At “Let us take” [ii, y] he sets forth in figure what was said. Let us take three equal lines and mark the terminations of one AA, of another BB, of the third GG. Then let BB remain undivided, but divide AA in half at the point E, and divide GG in half at the point 3. Next, take away from line AA a section AE, add it to the line GG and call the addition GD. It is clear then that ihe whole line DG exceeds the line A E by two units, viz., by that which is GG and by that which is GD, but it exceeds the line BB by one unit only, viz., GD. Therefore, obviously, that which is longest exceeds the mean by one unit and the shortest by two units after the manner of arithmetic proportionality.

E

A—————A

B—————B

3

G—————G——D

962. Then [1, b], at “This is true,” he shows that what has been said must be observed in transactions having to do with the different arts. The arts would be destroyed if the craftsman, who works at some handicraft, would not be supported, i.e., would not receive for his workmanship according to the quantity and quality of what he produced. For that reason the work of one craftsman