The Nicomachean ethics of Aristotle — Aristotle — John Shaqi
The Nicomachean ethics of Aristotle
Aristotle · en
The treatment of Justice in Book V has always been a source of great
difficulty to students of the _Ethics_. Almost more than any other part
of the work it has exercised influence upon mediaeval and modern
thought upon the subject. The distinctions and divisions have become
part of the stock-in-trade of would be philosophic jurists. And yet,
oddly enough, most of these distinctions have been misunderstood and
the whole purport of the discussion misconceived. Aristotle is here
dealing with justice in a restricted sense viz as that special goodness
of character which is required of every adult citizen and which can be
produced by early discipline or habituation. It is the temper or
habitual attitude demanded of the citizen for the due exercise of his
functions as taking part in the administration of the civic
community—as a member of the judicature and executive. The Greek
citizen was only exceptionally, and at rare intervals if ever, a
law-maker while at any moment he might be called upon to act as a judge
(juryman or arbitrator) or as an administrator. For the work of a
legislator far more than the moral virtue of justice or fairmindedness
was necessary, these were requisite to the rarer and higher
“intellectual virtue” of practical wisdom. Then here, too, the
discussion moves on a low level, and the raising of fundamental
problems is excluded. Hence “distributive justice” is concerned not
with the large question of the distribution of political power and
privileges among the constituent members or classes of the state but
with the smaller questions of the distribution among those of casual
gains and even with the division among private claimants of a common
fund or inheritance, while “corrective justice” is concerned solely
with the management of legal redress. The whole treatment is confused
by the unhappy attempt to give a precise mathematical form to the
principles of justice in the various fields distinguished. Still it
remains an interesting first endeavour to give greater exactness to
some of the leading conceptions of jurisprudence.