Book 5
13
This Corrective Justice again has two sub-divisions, corresponding to the two classes of private transactions, those which are voluntary and those which are involuntary.Involuntary here means lacking the consent of one of the parties. Examples of voluntary transactions are selling, buying, lending at interest, pledging, lending without interest, depositing, letting for hire; these transactions being termed voluntary because they are voluntarily entered upon.In chap. 4 below, the writer gives no illustration of the operation of Corrective Justice in Voluntary Transactions, but he is clearly thinking of actions at law for damages resulting from breach of contract. See 4.13 note. Of involuntary transactions some are furtive, for instance, theft, adultery, poisoning, procuring, enticement of slaves, assassination, false witness; others are violent, for instance, assault, imprisonment, murder, robbery with violence, maiming, abusive language, contumelious treatment.
1
Now since an unjust man is one who is unfair, and the unjust is the unequal, it is clear that corresponding to the unequal there is a mean, namely that which is equal;
2
for every action admitting of more and less admits of the equal also.
3
If then the unjust is the unequal, the just is the equal—a view that commends itself to all without proof; and since the equal is a mean, the just will be a sort of mean too.
4
Again, equality involves two terms at least. It accordingly follows not only (a) that the just is a mean and equal [and relative to something and just for certain personsThese words appear to be an interpolation.], but also (b) that, as a mean, it implies certain extremes between which it lies, namely the more and the less; (c) that, as equal, it implies two shares that are equal; and (d) that, as just, it implies certain persons for whom it is just.
5
It follows therefore that justice involves at least four terms, namely, two persons for whom it is just and two shares which are just.
