Book V chapter 4

(B) The remaining one is the rectificatory, which arises in connexion with transactions both voluntary and involuntary. This form of the just has a different specific character from the former. For the justice which distributes common possessions is always in accordance with the kind of proportion mentioned above (for in the case also in which the distribution is made from the common funds of a partnership¹ it will be according to the same ratio which the funds put into the business by the partners bear to one another); and the injustice² opposed to this kind of justice is that which violates the proportion. But the justice in transactions between man and man is a sort of equality indeed, and the injustice a sort of inequality; not according to that kind of proportion, however, but according to arithmetical proportion. For it makes no difference whether a good man has defrauded³ a bad man or a bad man a good one, nor whether it is a good or a bad man that has committed adultery; the law looks only to the distinctive⁴ character of the injury, and treats the parties as equal, if one is in the wrong and the other is being wronged, and if one inflicted⁵ injury and the other has received it. Therefore, this kind of injustice being an inequality, the judge tries to equalize it; for in the case also in which one has received and the other has inflicted a wound, or one has slain⁶ and the other been slain, the suffering and the action have been unequally distributed; but the judge tries to equalize by means of the penalty, taking away from the gain of the assailant. For the term ‘gain’ is applied⁷ generally to such cases, even if it be not a term appropriate to certain cases, e.g. to the person who inflicts⁸ a woundand ‘loss’ to the sufferer; at all events when the suffering has been estimated, the one is called loss and the other gain. Therefore the equal is intermediate between the greater and the less, but the gain and the loss are respectively greater and less in contrary ways; more of the good and less of the evil are gain, and the contrary is loss; intermediate between them is, as we saw, equal, which we say is just; therefore corrective justice will be the intermediate between loss and gain. This is why, when people dispute, they take refuge in the judge; and to go to the judge is to go to justice; for the nature of the judge is to be a sort of animate⁹ justice; and they seek the judge as an intermediate, and in some states they call judges mediators, on the assumption that if they get what is intermediate they will get what is just. The just, then, is an intermediate, since the judge is so. Now the judge restores equality; it is as though there were a line divided into unequal parts, and he took away that by which the greater segment exceeds the half, and added it to the smaller segment. And when the whole has been equally divided, then they say they have ‘their own’-i.e. when they have got what is equal. The equal is intermediate between the greater and the lesser¹⁰ line according to arithmetical proportion. It is for this reason also that it is called just (sikaion), because it is a division into two equal parts (sicha), just as if one were to call it sichaion; and the judge (sikastes) is one who bisects (sichastes). For when something is subtracted from one of two equals and added to the other, the other is in excess by these two; since if what was taken from the one had not been added to the other, the latter would have been in excess by one only. It therefore exceeds the intermediate by one, and the intermediate exceeds by one that from which something was taken. By this, then, we shall recognize both what we must subtract from that which has more, and what we must add to that which has less; we must add to the latter that by which the intermediate exceeds it, and subtract from the greatest that by which it exceeds the intermediate. Let the lines AA’, BB’, CC’ be equal to one another; from the line AA’ let the segment AE have been subtracted, and to the line CC’ let the segment CD have been added, so that the whole line DCC’ exceeds the line EA’ by the segment CD and the segment CF; therefore it exceeds the line BB’ by the segment CD. (See diagram.)

These names, both loss and gain, have come from voluntary exchange; for to have more than one’s own is called gaining, and to have less than one’s original share is called losing, e.g. in buying and selling and in all other matters in which the law has left people free to make their own terms; but when they get neither more nor less but just what belongs to themselves, they say that they have their own and that they neither lose nor gain.

Therefore the just is intermediate between a sort of gain and a sort of loss, viz. those which are involuntary; it consists in having an equal amount before and after the transaction.

1 partnership   

n.合作关系，伙伴关系

参考例句：

• The company has gone into partnership with Swiss Bank Corporation.这家公司已经和瑞士银行公司建立合作关系。
• Martin has taken him into general partnership in his company.马丁已让他成为公司的普通合伙人。

2 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

3 defrauded   

v.诈取，骗取( defraud的过去式和过去分词 )

参考例句：

• He defrauded his employers of thousands of dollars. 他诈取了他的雇主一大笔钱。 来自《简明英汉词典》
• He defrauded them of their money. 他骗走了他们的钱。 来自辞典例句

4 distinctive   

adj.特别的，有特色的，与众不同的

参考例句：

• She has a very distinctive way of walking.她走路的样子与别人很不相同。
• This bird has several distinctive features.这个鸟具有几种突出的特征。

5 inflicted   

把…强加给，使承受，遭受( inflict的过去式和过去分词 )

参考例句：

• They inflicted a humiliating defeat on the home team. 他们使主队吃了一场很没面子的败仗。
• Zoya heroically bore the torture that the Fascists inflicted upon her. 卓娅英勇地承受法西斯匪徒加在她身上的酷刑。

6 slain   

杀死，宰杀，杀戮( slay的过去分词 )； (slay的过去分词)

参考例句：

• The soldiers slain in the battle were burried that night. 在那天夜晚埋葬了在战斗中牺牲了的战士。
• His boy was dead, slain by the hand of the false Amulius. 他的儿子被奸诈的阿缪利乌斯杀死了。

7 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

8 inflicts   

把…强加给，使承受，遭受( inflict的第三人称单数 )

参考例句：

• Bullfrog 50 Inflicts poison when your enemy damages you at short range. 牛娃50对近距离攻击你的敌人造成毒伤。
• The U.S. always inflicts its concept of human nature on other nations. 美国总是把自己的人权观念强加于别国。

9 animate   

v.赋于生命，鼓励；adj.有生命的，有生气的

参考例句：

• We are animate beings,living creatures.我们是有生命的存在，有生命的动物。
• The girls watched,little teasing smiles animating their faces.女孩们注视着，脸上挂着调皮的微笑，显得愈加活泼。

10 lesser   

adj.次要的，较小的；adv.较小地，较少地

参考例句：

• Kept some of the lesser players out.不让那些次要的球员参加联赛。
• She has also been affected,but to a lesser degree.她也受到波及，但程度较轻。