Book 5
6
There are then three waysThe three sorts of injury are ἀτύχημα, ἁμάρτημα, and ἀδίκημα. The second term is introduced first, in its wider sense of a mistake which leads to an offense against someone else (the word connotes both things). It is then subdivided into two; ἀτύχημα, accident or misadventure, and offense due to mistake and not reasonably to be expected, and ἁμάρτημα in the narrow sense, a similar offense that ought to have been foreseen. The third term, ἀδίκημα, a wrong, is subdivided into wrongs done in a passion, which do not prove wickedness, and wrongs done deliberately, which do. in which a man may injure his fellow. An injury done in ignorance is an error, the person affected or the act or the instrument or the result being other than the agent supposed; for example, he did not think to hit, or not with this missile, or not this person, or not with this result, but it happened that either the result was other than he expected (for instance he did not mean to inflict a wound but only a prick), or the person, or the missile.
7
When then the injury happens contrary to reasonable expectation, it is (1) a misadventure. When, though not contrary to reasonable expectation, it is done without evil intent, it is (2) a culpable error; for an error is culpable when the cause of one’s ignorance lies in oneself, but only a misadventure when the cause lies outside oneself.
8
When an injury is done knowingly but not deliberately, it is (3) an act of injustice or wrong; such, for instance, are injuries done through anger, or any other unavoidable or natural passion to which men are liable; since in committing these injuries and errors a man acts unjustly, and his action is an act of injustice, but he is not ipso facto unjust or wicked, for the injury was not done out of wickedness. When however an injury is done from choice, the doer is unjust and wicked.