But where the original giving is not upon these terms but avowedly for
some return, the most proper course is perhaps for the requital to be
such as _both_ shall allow to be proportionate, and, where this cannot
be, then for the receiver to fix the value would seem to be not only
necessary but also fair: because when the first giver gets that which
is equivalent to the advantage received by the other, or to what he
would have given to secure the pleasure he has had, then he has the
value from him: for not only is this seen to be the course adopted in
matters of buying and selling but also in some places the law does not
allow of actions upon voluntary dealings; on the principle that when
one man has trusted another he must be content to have the obligation
discharged in the same spirit as he originally contracted it: that is
to say, it is thought fairer for the trusted, than for the trusting,
party, to fix the value. For, in general, those who have and those who
wish to get things do not set the same value on them: what is their
own, and what they give in each case, appears to them worth a great
deal: but yet the return is made according to the estimate of those who
have received first, it should perhaps be added that the receiver
should estimate what he has received, not by the value he sets upon it
now that he has it, but by that which he set upon it before he obtained
it.
Chapter II.
Questions also arise upon such points as the following: Whether one’s
father has an unlimited claim on one’s services and obedience, or
whether the sick man is to obey his physician? or, in an election of a
general, the warlike qualities of the candidates should be alone
regarded?
In like manner whether one should do a service rather to one’s friend
or to a good man? whether one should rather requite a benefactor or
give to one’s companion, supposing that both are not within one’s
power?
Is not the true answer that it is no easy task to determine all such
questions accurately, inasmuch as they involve numerous differences of
all kinds, in respect of amount and what is honourable and what is
necessary? It is obvious, of course, that no one person can unite in
himself all claims. Again, the requital of benefits is, in general, a
higher duty than doing unsolicited kindnesses to one’s companion; in
other words, the discharging of a debt is more obligatory upon one than
the duty of giving to a companion. And yet this rule may admit of
exceptions; for instance, which is the higher duty? for one who has
been ransomed out of the hands of robbers to ransom in return his
ransomer, be he who he may, or to repay him on his demand though he has
not been taken by robbers, or to ransom his own father? for it would
seem that a man ought to ransom his father even in preference to
himself.