The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
5. These words, _just_ and _unjust_, as also _justice_ and
_injustice_, are equivocal; for they signify one thing when they are
attributed to persons, another when to actions. When they are
attributed to actions, _just_ signifies as much as what is done with
right, and _unjust_, as what is done with injury. He who hath done
some just thing, is not therefore said to be a _just_ person, but
_guiltless_; and he that hath done some unjust thing, we do not
therefore say he is an _unjust_, but _guilty_ man. But when the
words are applied to persons, _to be just_ signifies as much as to
be delighted in just dealing, to study how to do righteousness, or
to endeavour in all things to do that which is just; and _to be
unjust_ is to neglect righteous dealing, or to think it is to be
measured not according to my contract, but some present benefit. So
as the justice or injustice of the mind, the intention, or the man,
is one thing, that of an action or omission another; and innumerable
actions of a just man may be unjust, and of an unjust man, just. But
that man is to be accounted just, who doth just things because the
law commands it, unjust things only by reason of his infirmity; and
he is properly said to be unjust, who doth righteousness for fear of
the punishment annexed unto the law, and unrighteousness by reason
of the iniquity of his mind.
[Sidenote: The distinction of commutative and distributive justice,
examined.]
6. The justice of actions is commonly distinguished into two kinds,
commutative and distributive; the former whereof, they say, consists
in arithmetical, the latter in geometrical proportion; and that is
conversant in exchanging, in buying, selling, borrowing, lending,
location and conduction, and other acts whatsoever belonging to
contractors; where, if there be an equal return made, hence, they
say, springs a commutative justice: but this is busied about the
dignity and merits of men; so as if there be rendered to every man
κατὰ τὴν ἀξίαν, more to him who is more worthy, and less to him that
deserves less, and that proportionably; hence, they say, ariseth
distributive justice. I acknowledge here some certain distinction of
equality: to wit, that one is an equality simply so called; as when
two things of equal value are compared together, as a pound of
silver with twelve ounces of the same silver: the other is an
equality _secundum quod_; as when a thousand pounds is to be divided
to a hundred men, six hundred pounds are given to sixty men, and
four hundred to forty, where there is no equality between six
hundred and four hundred; but when it happens that there is the same
inequality in the number of them to whom it is distributed, every
one of them shall take an equal part, whence it is called an equal
distribution. But such like equality is the same thing with
geometrical proportion. But what is all this to justice? For neither
if I sell my goods for as much as I can get for them, do I injure