Equity, a corrective of legal justice.
Our next subject is equity and the equitable (to epiekes), and their respective relations to justice and the just. For on examination they appear to be neither absolutely the same nor generically different; and while we sometime praise what is equitable and the equitable man (so that we apply the name by way of praise even to instances of the other virtues, instead of 'good' meaning by epieikestebon that a thing is better), at other times, when we reason it out, it seems strange if the equitable, being something different from the just, is yet praiseworthy; for either the just or the equitable is not good, if they are different; or, if both are good, they are the same.
These, then, are pretty much the considerations that give rise to the problem about the equitable; they are all in a sense correct and not opposed to one another; for the equitable, though it is better than one kind of justice, yet is just, and it is not as being a different class of thing that it is better than the just. The same thing, then, is just and equitable, and while both are good the equitable is superior. What creates the problem is that the equitable is just, but not the legally just but a correction of legal justice. The reason is that all law is universal but about some things it is not possible to make a universal statement which shall be correct. In those cases, then, in which it is necessary to speak universally, but not possible to do so correctly, the law takes the usual case, though it is not ignorant of the possibility of error. And it is none the less correct; for the error is in the law nor in the legislator but in the nature of the thing, since the matter of practical affairs is of this kind from the start. When the law speaks universally, then, and a case arises on it which is not covered by the universal statement, then it is right, where the legislator fails us and has erred by oversimplicity, to correct the omission -- to say what the legislator himself would have said had he been present, and would have put into his law if he had known. Hence the equitable is just, and better than one kind of justice -- not better than absolute justice but better than the error that arises from the absoluteness of the statement. And this is the nature of the equitable, a correction of law where it is defective owing to its universality. In fact this is the reason why all things are not determined by law, that about some things it is impossible to lay down a law, so that a decree is needed. For when the thing is indefinite the rule also is indefinite, like the leaden rule used in making the Lesbian moulding; the rule adapts itself to the shape of the stone and is not rigid, and so too the decree is adapted to the facts.
It is plain, then, what the equitable is, and that it is just and is better than one kind of justice. 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, and this state of character is equity, which is a sort of justice and not a different state of character.
Can a man treat himself unjustly?
Whether a man can treat himself unjustly or not, is evident from what has been said. For (a) one class of just acts are those acts in accordance with any virtue which are prescribed by the law; e.g. the law does not expressly permit suicide, and what it does not expressly permit it forbids. Again, when a man in violation of the law harms another (otherwise than in retaliation) voluntarily, he acts unjustly, and a voluntary agent is one who knows both the person he is affecting by his action and the instrument he is using; and he who through anger voluntarily stabs himself does this contrary to the right rule of life, and this the law does not allow; therefore he is acting unjustly. But towards whom? Surely towards the state, not towards himself. For he suffers voluntarily, but no one is voluntarily treated unjustly. This is also the reason why the state punishes; a certain loss of civil rights attaches to the man who destroys himself, on the ground that he is treating the state unjustly.
Further (b) in that sense of 'acting unjustly' in which the man who 'acts unjustly' is unjust only and not bad all round, it is not possible to treat oneself unjustly (this is different from the former sense; the unjust man in one sense of the term is wicked in a particularized way just as the coward is, not in the sense of being wicked all round, so that his 'unjust act' does not manifest wickedness in general). For (i) that would imply the possibility of the same thing's having been subtracted from and added to the same thing at the same time; but this is impossible -- the just and the unjust always involve more than one person. Further, (ii) unjust action is voluntary and done by choice, and takes the initiative (for the man who because he has suffered does the same in return is not thought to act unjustly); but if a man harms himself he suffers and does the same things at the same time. Further, (iii) if a man could treat himself unjustly, he could be voluntarily treated unjustly. Besides, (iv) no one acts unjustly without committing particular acts of injustice; but no one can commit adultery with his own wife or housebreaking on his own house or theft on his own property,
In general, the question 'can a man treat himself unjustly?' is solved also by the distinction we applied to the question 'can a man be voluntarily treated unjustly?'
(It is evident too that both are bad, being unjustly treated and acting unjustly; for the one means having less and the other having more than the intermediate amount, which plays the part here that the healthy does in the medical art, and that good condition does in the art of bodily training. But still acting unjustly is the worse, for it involves vice and is blameworthy -- involves vice which is either of the complete and unqualified kind or almost so (we must admit the latter alternative, because not all voluntary unjust action implies injustice as a state of character), while being unjustly treated does not involve vice and injustice in oneself. In itself, then, being unjustly treated is less bad, but there is nothing to prevent its being incidentally a greater evil. But theory cares nothing for this; it calls pleurisy a more serious mischief than a stumble; yet the latter may become incidentally the more serious, if the fall due to it leads to your being taken prisoner or put to death the enemy.)
Metaphorically and in virtue of a certain resemblance there is a justice, not indeed between a man and himself, but between certain parts of him; yet not every kind of justice but that of master and servant or that of husband and wife. For these are the ratios in which the part of the soul that has a rational principle stands to the irrational part; and it is with a view to these parts that people also think a man can be unjust to himself, viz. because these parts are liable to suffer something contrary to their respective desires; there is therefore thought to be a mutual justice between them as between ruler and ruled.
Let this be taken as our account of justice and the other, i.e. the other moral, virtues.