Book 5: The Several Moral Virtues and Vices—Concluded. Justice.
Now that we have ascertained what is just and what is unjust, we may say that a man acts unjustly or justly when he does these things voluntarily; but when he does them involuntarily, he does not, strictly speaking, act either unjustly or justly, but only “accidentally,” i.e. he does a thing which happens to be just or unjust. For whether an act is or is not to be called an act of injustice (or of justice) depends upon whether it is voluntary or involuntary; for if it be voluntary the agent is blamed, and at the same time the act becomes an act of injustice: so something unjust may be done, and yet it may not be an act of injustice, i.e. if this condition of voluntariness be absent.
By a voluntary act I mean, as I explained before, anything which, being within the doer’s control, is done knowingly (i.e. with knowledge of the person, the instrument, and the result; e.g. the person whom and the instrument with which he is striking, and the effect of the blow), without the intervention at any point of accident or constraint; e.g. if another take your hand and with it strike a third person, that is not a voluntary act of yours, for it was not within your control; again, the man you strike may be your father, and you may know that it is a man, or perhaps that it is one of the company, that you are striking but not know that it is your father; and it must be understood that the same distinction is to be made with regard to the result, and, in a word, to the whole act. That then which either is done in ignorance, or, though not done in ignorance, is not under our control, or is done under compulsion, is involuntary; besides which, there are many natural processes in which we knowingly take an active or a passive part, which cannot be called either voluntary or involuntary, such as growing old and dying.
An accidentally unjust act and an accidentally just act are equally possible; e.g. a man might restore a deposit against his will for fear of consequences, and then you could not say that he did what was just or acted justly except accidentally: and, similarly, a man who against his will was forcibly prevented from restoring a deposit would be said only accidentally to act unjustly or to do that which is unjust.
Voluntary acts, again, are divided into (1) those that are done of set purpose, and (2) those that are done without set purpose; i.e. (1) those that are done after previous deliberation, and (2) those that are done without previous deliberation.
Now, there are three ways in which we may hurt our neighbour. Firstly, a hurt done in ignorance is generally called a mistake when there is a misconception as to the person affected, or the thing done, or the instrument, or the result; e.g. I may not think to hit, or not to hit with this instrument, or not to hit this person, or not to produce this effect, but an effect follows other than that which was present to my mind; I may mean to inflict a prick, not a wound, or not to wound the person whom I wound, or not to deal a wound of this kind.
But [if we draw the distinction more accurately] when the hurt comes about contrary to what might reasonably be expected, it may be called a mishap: but when, though it is not contrary to what might reasonably be expected, there is still no vicious intention, it is a mistake; for a man makes a mistake when he sets the train of events in motion, but he is unfortunate when an external agency interferes.
Secondly, when the agent acts with knowledge but without previous deliberation, it is an act of injustice; e.g. when he is impelled by anger or any of the other passions to which man is necessarily or naturally subject. In doing such hurt and committing such errors, the doer acts unjustly and the acts are acts of injustice, though they are not such as to stamp him as unjust or wicked; for the hurt is not done out of wickedness.
But, thirdly, when it is done of set purpose, the doer is unjust and wicked.
On this account acts done in anger are rightly held not to be done of malice aforethought; for he who gave the provocation began it, not he who did the deed in a passion.
Again, in such cases as this last, what men dispute about is usually not whether the deed was done or not, but what the justice of the case is; for it is an apparent injustice that stirs the assailant’s wrath. There is a difference between cases of this kind and disputes about contracts: in the latter the question is a question of fact, and one or other of the parties must be a vicious character, unless his memory be at fault; but in these cases they agree about the facts, but differ as to which side is in the right (whereas the deliberate aggressor knows very well the rights of the case), so that the one thinks that he is wronged, while the other thinks differently.
But if a man hurt another of set purpose, he acts unjustly, and acts of injustice (i.e. violations of what is proportionate and fair), when so done, stamp the doer as an unjust character.
In like manner a man is a just character when he of set purpose acts justly; but he is said to act justly if he merely do voluntarily that which is just.
Of involuntary injuries, on the other hand, some are pardonable, some unpardonable. Errors that are committed not merely in ignorance but by reason of ignorance are pardonable; but those that are committed not through ignorance but rather in ignorance, through some unnatural or inhuman passion, are not pardonable.