Book 5 / Chapter 10
Paragraph 3 - Equity as an Exemplification of Justice
Explanation - Part By Part
"It is plain, then, what the equitable is, and that it is just and is better than one kind of justice."
Aristotle is affirming that the concept of equity (or the equitable) has been clarified. He emphasizes that equity itself is a form of justice, but it is superior to a specific type of justice—namely, the rigid, universal application of the law. This superiority arises because equity allows for flexibility and fairness in situations where strict legal rules might result in an unfair outcome due to their inability to account for every unique case. Equity acts as a refinement or adjustment to justice when the universality of law falls short.
"It is evident also from this who the equitable man is; the man who chooses and does such acts, and is no stickler for his rights in a bad sense but tends to take less than his share though he has the law oft his side, is equitable,"
This part defines the nature of an equitable person. Such a person is someone who, even when they have the law on their side—meaning they could rightfully demand what is legally theirs—chooses not to insist rigidly on their rights in a harsh or unreasonable way. Instead, they act with consideration and fairness, often being willing to accept less than what they are entitled to. This quality of being equitable shows a level of moral sensitivity and flexibility, prioritizing what is fair and humane over strictly following the letter of the law.
"and this state of character is equity, which is a sort of justice and not a different state of character."
Aristotle is explaining that equity, or fairness, is not an entirely separate quality or virtue from justice; rather, it is a specific aspect or expression of justice. Equity involves recognizing that strict adherence to general laws may sometimes lead to unfair outcomes because laws can't perfectly account for every unique situation. Thus, equity steps in as a way to correct or adjust justice when the rigid application of a law could create an unjust result.
In simpler terms, equity is about applying the spirit of the law rather than just the letter of the law. It reflects a refined sense of justice by acknowledging the complexities and variations in real-life circumstances. This mindset or "state of character" is not a fundamentally different virtue but rather a particular way of embodying justice in cases where fairness requires flexibility.