Now when the hurt has come about contrary to all reasonable
expectation, it is a Misadventure; when though not contrary to
expectation yet without any viciousness, it is a Mistake; for a man
makes a mistake when the origination of the cause rests with himself,
he has a misadventure when it is external to himself. When again he
acts with knowledge, but not from previous deliberation, it is an
unjust action; for instance, whatever happens to men from anger or
other passions which are necessary or natural: for when doing these
hurts or making these mistakes they act unjustly of course and their
actions are unjust, still they are not yet confirmed unjust or wicked
persons by reason of these, because the hurt did not arise from
depravity in the doer of it: but when it does arise from deliberate
choice, then the doer is a confirmed unjust and depraved man.
And on this principle acts done from anger are fairly judged not to be
from malice prepense, because it is not the man who acts in wrath who
is the originator really but he who caused his wrath. And again, the
question at issue in such cases is not respecting the fact but
respecting the justice of the case, the occasion of anger being a
notion of injury.[25] I mean, that the parties do not dispute about the
fact, as in questions of contract (where one of the two must be a
rogue, unless real forgetfulness can be pleaded), but, admitting the
fact, they dispute on which side the justice of the case lies (the one
who plotted against the other, _i.e._ the real aggressor, of course,
cannot be ignorant),[26] so that the one thinks there is injustice
committed while the other does not.
Well then, a man acts unjustly if he has hurt another of deliberate
purpose, and he who commits such acts of injustice is _ipso facto_ an
unjust character when they are in violation of the proportionate or the
equal; and in like manner also a man is a just character when he acts
justly of deliberate purpose, and he does act justly if he acts
voluntarily.
Then as for involuntary acts of harm, they are either such as are
excusable or such as are not: under the former head come all errors
done not merely in ignorance but from ignorance; under the latter all
that are done not from ignorance but in ignorance caused by some
passion which is neither natural nor fairly attributable to human
infirmity.
Chapter XII.
Now a question may be raised whether we have spoken with sufficient
distinctness as to being unjustly dealt with, and dealing unjustly
towards others.
First, whether the case is possible which Euripides has put, saying
somewhat strangely,
“My mother he hath slain; the tale is short,
Either he willingly did slay her willing,
Or else with her will but against his own.”
I mean then, is it really possible for a person to be unjustly dealt
with with his own consent, or must every case of being unjustly dealt
with be against the will of the sufferer as every act of unjust dealing
is voluntary?