thing be made his, but not a _jus in re_; that is, the thing is not properly his before he actually gets it. 6. _Commutative justice_ alone is Justice strictly so called: for therein alone the parties to the act are perfectly other and other, and the matter that passes between them, if withheld by one of the parties, would make a case of keeping the other out of that which he could still properly call by right his own. _Commutative justice_ runs between two individuals, or two independent States, or between the State and an individual inasmuch as the latter is an independent person, having rights of his own against the former. This justice is called _commutative_, from being concerned with _exchanges_, or contracts, _voluntary_ and _involuntary_. The idea of voluntary contract, like that between buyer and seller, is familiar enough. But the notion of an _involuntary contract_ is technical, and requires explanation. Whoever, then, wrongfully takes that which belongs to another, enters into an involuntary contract, or makes an involuntary exchange, with the party. This he may do by taking away his property, honour, reputation, liberty, or bodily ease and comfort. This is an involuntary transaction, against the will of the party that suffers. It is a contract, because the party that does the damage takes upon himself, whether he will or no, by the very act of doing it, the obligation of making the damage good, and of restoring what he has taken away. This is the obligation of _restitution_, which attaches to breaches of _commutative justice_, and, strictly speaking, to them alone. Thus, if a minister has not promoted a deserving officer in face of a clear obligation of _distributive justice_, the obligation indeed remains as that of a duty unfulfilled, so long as he remains minister with the patronage in his hands: but the promotion, if he finally makes it, is not an act of restitution: it is giving to the officer that which was not his before. And if the opportunity has passed, he owes the officer nothing in compensation. But if he has insulted the officer, he owes him an apology for all time to come: he must give back that honour which belonged to the officer, and of which he has robbed him. This is restitution. In a thousand practical cases it is important, and often a very nice question to decide, whether a particular offence, such as failure to pay taxes, be a sin against _commutative justice_ or only against some more general form of the virtue. If the former, restitution is due: if the latter, repentance only and purpose of better things in future, but not reparation of the past.