What is Reciprocation?

A man may do unjust acts and not yet have formed a character of injustice.

Is a man unjust in each particular form of injustice, say a thief, or adulterer, or robber, by doing acts of a given character?

This will not of itself make any difference.

A man may have had connection with another’s wife, knowing well with whom he was sinning, but he may have done it not of deliberate choice but from the impulse of passion: of course he acts unjustly, but he has not necessarily formed an unjust character: that is, he may have stolen yet not be a thief; or committed an act of adultery but still not be an adulterer, and so on in other cases which might be enumerated.][21]

Of the relation which Reciprocation bears to the Just we have already spoken: and here it should be noticed that the Just which we are investigating is both the Just in the abstract and also as exhibited in Social Relations, which latter arises in the case of those who live in communion with a view to independence and who are free and equal either proportionately or numerically.[22]

It follows then that those who are not in this position have not among themselves the Social Just, but still Just of some kind and resembling that other. For Just implies mutually acknowledged law, and law the possibility of injustice, for adjudication is the act of distinguishing between the Just and the Unjust.

And among whomsoever there is the possibility of injustice among these there is that of acting unjustly; but it does not hold conversely that injustice attaches to all among whom there is the possibility of acting unjustly, since by the former we mean giving one’s self the larger share of what is abstractedly good and the less of what is abstractedly evil.

This, by the way, is the reason why we do not allow a man to govern, but Principle, because a man governs for himself and comes to be a despot: but the office of a ruler is to be guardian of the Just and therefore of the Equal. Well then, since he seems to have no peculiar personal advantage, supposing him a Just man, for in this case he does not allot to himself the larger share of what is abstractedly good unless it falls to his share proportionately (for which reason he really governs for others, and so Justice, men say, is a good not to one’s self so much as to others, as was mentioned before), therefore some compensation must be given him, as there actually is in the shape of honour and privilege; and wherever these are not adequate there rulers turn into despots.

But the Just which arises in the relations of Master and Father, is not identical with, but similar to, these; because there is no possibility of injustice towards those things which are absolutely one’s own; and a slave or child (so long as this last is of a certain age and not separated into an independent being), is, as it were, part of a man’s self, and no man chooses to hurt himself, for which reason there cannot be injustice towards one’s own self: therefore neither is there the social Unjust or Just, which was stated to be in accordance with law and to exist between those among whom law naturally exists, and these were said to be they to whom belongs equality of ruling and being ruled.

Hence also there is Just rather between a man and his wife than between a man and his children or slaves; this is in fact the Just arising in domestic relations: and this too is different from the Social Just.

Further, this last-mentioned Just is of two kinds, natural and conventional; the former being that which has everywhere the same force and does not depend upon being received or not; the latter being that which originally may be this way or that indifferently but not after enactment: for instance, the price of ransom being fixed at a mina, or the sacrificing a goat instead of two sheep; and again, all cases of special enactment, as the sacrificing to Brasidas as a hero; in short, all matters of special decree.

But there are some men who think that all the Justs are of this latter kind, and on this ground: whatever exists by nature, they say, is unchangeable and has everywhere the same force; fire, for instance, burns not here only but in Persia as well, but the Justs they see changed in various places.

Now this is not really so, and yet it is in a way (though among the gods perhaps by no means): still even amongst ourselves there is somewhat existing by nature: allowing that everything is subject to change, still there is that which does exist by nature, and that which does not.[23]

Nay, we may go further, and say that it is practically plain what among things which can be otherwise does exist by nature, and what does not but is dependent upon enactment and conventional, even granting that both are alike subject to be changed: and the same distinctive illustration will apply to this and other cases; the right hand is naturally the stronger, still some men may become equally strong in both.

A parallel may be drawn between the Justs which depend upon convention and expedience, and measures; for wine and corn measures are not equal in all places, but where men buy they are large, and where these same sell again they are smaller: well, in like manner the Justs which are not natural, but of human invention, are not everywhere the same, for not even the forms of government are, and yet there is one only which by nature would be best in all places.

Chapter 11

Now of Justs and Lawfuls each bears to the acts which embody and exemplify it the relation of an universal to a particular; the acts being many, but each of the principles only singular because each is an universal.

And so there is a difference between an unjust act and the abstract Unjust, and the just act and the abstract Just: I mean, a thing is unjust in itself, by nature or by ordinance; well, when this has been embodied in act, there is an unjust act, but not till then, only some unjust thing.[24] And similarly of a just act. (Perhaps δικαιοπράγημα is more correctly the common or generic term for just act, the word δικαίωμα, which I have here used, meaning generally and properly the act corrective of the unjust act.) Now as to each of them, what kinds there are, and how many, and what is their object-matter, we must examine afterwards.

For the present we proceed to say that, the Justs and the Unjusts being what have been mentioned, a man is said to act unjustly or justly when he embodies these abstracts in voluntary actions, but when in involuntary, then he neither acts unjustly or justly except accidentally; I mean that the being just or unjust is really only accidental to the agents in such cases.

So both unjust and just actions are limited by the being voluntary or the contrary: for when an embodying of the Unjust is voluntary, then it is blamed and is at the same time also an unjust action: but, if voluntariness does not attach, there will be a thing which is in itself unjust but not yet an unjust action.

By voluntary, I mean, as we stated before, whatsoever of things in his own power a man does with knowledge, and the absence of ignorance as to the person to whom, or the instrument with which, or the result with which he does; as, for instance, whom he strikes, what he strikes him with, and with what probable result; and each of these points again, not accidentally nor by compulsion; as supposing another man were to seize his hand and strike a third person with it, here, of course, the owner of the hand acts not voluntarily, because it did not rest with him to do or leave undone: or again, it is conceivable that the person struck may be his father, and he may know that it is a man, or even one of the present company, whom he is striking, but not know that it is his father. And let these same distinctions be supposed to be carried into the case of the result and in fact the whole of any given action. In fine then, that is involuntary which is done through ignorance, or which, not resulting from ignorance, is not in the agent’s control or is done on compulsion.

I mention these cases, because there are many natural things which we do and suffer knowingly but still no one of which is either voluntary or involuntary, growing old, or dying, for instance.

Again, accidentality may attach to the unjust in like manner as to the just acts. For instance, a man may have restored what was deposited with him, but against his will and from fear of the consequences of a refusal: we must not say that he either does what is just, or does justly, except accidentally: and in like manner the man who through compulsion and against his will fails to restore a deposit, must be said to do unjustly, or to do what is unjust, accidentally only.

Again, voluntary actions we do either from deliberate choice or without it; from it, when we act from previous deliberation; without it, when without any previous deliberation. Since then hurts which may be done in transactions between man and man are threefold, those mistakes which are attended with ignorance are, when a man either does a thing not to the man to whom he meant to do it, or not the thing he meant to do, or not with the instrument, or not with the result which he intended: either he did not think he should hit him at all, or not with this, or this is not the man he thought he should hit, or he did not think this would be the result of the blow but a result has followed which he did not anticipate; as, for instance, he did it not to wound but merely to prick him; or it is not the man whom, or the way in which, he meant.

Now when the hurt has come about contrary to all reasonable expectation, it is a Misadventure; when though not contrary to expectation yet without any viciousness, it is a Mistake; for a man makes a mistake when the origination of the cause rests with himself, he has a misadventure when it is external to himself. When again he acts with knowledge, but not from previous deliberation, it is an unjust action; for instance, whatever happens to men from anger or other passions which are necessary or natural: for when doing these hurts or making these mistakes they act unjustly of course and their actions are unjust, still they are not yet confirmed unjust or wicked persons by reason of these, because the hurt did not arise from depravity in the doer of it: but when it does arise from deliberate choice, then the doer is a confirmed unjust and depraved man.

And on this principle acts done from anger are fairly judged not to be from malice prepense, because it is not the man who acts in wrath who is the originator really but he who caused his wrath. And again, the question at issue in such cases is not respecting the fact but respecting the justice of the case, the occasion of anger being a notion of injury.[25]

I mean, that the parties do not dispute about the fact, as in questions of contract (where one of the two must be a rogue, unless real forgetfulness can be pleaded), but, admitting the fact, they dispute on which side the justice of the case lies (the one who plotted against the other, i.e. the real aggressor, of course, cannot be ignorant),[26] so that the one thinks there is injustice committed while the other does not.

Well then, a man acts unjustly if he has hurt another of deliberate purpose, and he who commits such acts of injustice is ipso facto an unjust character when they are in violation of the proportionate or the equal; and in like manner also a man is a just character when he acts justly of deliberate purpose, and he does act justly if he acts voluntarily.

Then as for involuntary acts of harm, they are either such as are excusable or such as are not: under the former head come all errors done not merely in ignorance but from ignorance; under the latter all that are done not from ignorance but in ignorance caused by some passion which is neither natural nor fairly attributable to human infirmity.