Book 5 / Chapter 2
Paragraph 4 - Types and Divisions of Justice
Explanation - Part By Part
"Of particular justice and that which is just in the corresponding sense, (A) one kind is that which is manifested in distributions of honour or money or the other things that fall to be divided among those who have a share in the constitution (for in these it is possible for one man to have a share either unequal or equal to that of another),"
Aristotle is discussing particular justice, which is a subsection of justice that deals with specific aspects of fairness in society. Here, he focuses on one aspect of particular justice: the fairness in distributing things like honors, wealth, or other benefits that are shared among members of a community or society.
This type of justice concerns how resources or privileges are divided—whether equally or unequally—and whether the distribution is fair based on relevant factors like merit, contribution, or need. It's about ensuring that each person receives what is rightfully theirs in proportion to their role or share in the social structure. For example, in modern terms, this could apply to how a company decides to allocate bonuses or promotions among employees, or how a government distributes welfare benefits or political offices. The key question is whether these allocations are just and fair.
"(B) one is that which plays a rectifying part in transactions between man and man."
This part refers to a specific type of justice that deals with making things right—or "rectifying"—in interactions and transactions between individuals. Essentially, this kind of justice steps in to correct imbalances or resolve wrongs that occur in personal exchanges, whether they are voluntary agreements (like a sale or loan) or involuntary acts (like theft or assault). Its role is to ensure fairness is restored when some harm or inequality disrupts the balance between people.
"Of this there are two divisions; of transactions (1) some are voluntary and (2) others involuntary-"
Here, Aristotle is explaining that justice in particular situations (what he calls "particular justice") can deal with interactions or transactions between individuals. These interactions are split into two main categories:
1. Voluntary Transactions: These are interactions where both parties agree to participate willingly. Examples include buying, selling, borrowing, renting, or lending. Essentially, these are everyday exchanges that people consent to and where they have a choice to engage.
2. Involuntary Transactions: These, on the other hand, are interactions where someone's participation is without their consent, often involving harm or wrongdoing. Aristotle further splits this category into two types:
- Clandestine (hidden): Secretive offenses, like theft, fraud, or deception, where one party is wronged behind their back.
- Violent: Openly forceful offenses, such as physical assault, robbery, or murder, where harm is inflicted directly and visibly.
Aristotle is organizing different kinds of human interactions in terms of fairness and justice, noting how they can either arise from mutual agreement or from acts of harm or coercion. Recognizing this distinction helps him set up his framework for understanding justice in these specific cases.
"voluntary such transactions as sale, purchase, loan for consumption, pledging, loan for use, depositing, letting (they are called voluntary because the origin of these transactions is voluntary),"
In this part, Aristotle is talking about a specific kind of justice called particular justice, which deals with fairness in exchanges and interactions between people. Here, he divides interactions into two main groups: voluntary and involuntary.
This section focuses on voluntary transactions, which are exchanges or agreements that both parties enter into willingly. Examples include things like buying something, selling goods, borrowing money or items, making deposits for safekeeping, renting property, or pledging something as collateral. These are called "voluntary" because both sides agree to these arrangements—they happen by choice, not by force or deceit.
In essence, Aristotle is emphasizing that fairness (justice) must be upheld in everyday dealings where people willingly participate in agreements or exchanges. This ensures equality and mutual respect in economic and personal interactions.
"while of the involuntary (a) some are clandestine, such as theft, adultery, poisoning, procuring, enticement of slaves, assassination, false witness, and (b) others are violent, such as assault, imprisonment, murder, robbery with violence, mutilation, abuse, insult."
In this part, Aristotle is categorizing actions that fall under "involuntary transactions," or situations where harm or injustice occurs without mutual agreement or consent between the parties involved. He breaks these into two subcategories:
1. Clandestine acts: These are secretive or hidden offenses, typically done in a deceptive or underhanded way. Examples include theft (stealing property), adultery (violating a marital bond), poisoning (intentionally harming someone using substances), procuring (facilitating immoral or exploitative actions, often involving others), enticement of slaves (luring or convincing slaves to escape or betray their duties), assassination (killing someone by surprise), and false witness (lying in a court of law to harm justice).
2. Violent acts: These involve overt physical harm or abuse that is committed openly or by force. Examples listed are assault (physically attacking someone), imprisonment (unjustly restraining someone's freedom), murder (intentionally killing someone), robbery with violence (stealing with the use of force), mutilation (causing lasting physical damage or disfigurement to someone), abuse (verbal or emotional harm), and insult (attacking someone's honor or dignity in a harmful way).
By distinguishing between clandestine and violent involuntary actions, Aristotle examines how injustice operates differently depending on whether it is hidden and deceitful or open and forceful. Both types, however, fall under the category of unjust actions that harm others without their agreement.