第26章 13(1)

It will now be well to make a complete classification of just and unjust actions. We may begin by observing that they have been defined relatively to two kinds of law, and also relatively to two classes of persons. By the two kinds of law I mean particular law and universal law. Particular law is that which each community lays down and applies to its own members: this is partly written and partly unwritten. Universal law is the law of Nature. For there really is, as every one to some extent divines, a natural justice and injustice that is binding on all men, even on those who have no association or covenant with each other. It is this that Sophocles' Antigone clearly means when she says that the burial of Polyneices was a just act in spite of the prohibition: she means that it was just by nature.

Not of to-day or yesterday it is, But lives eternal: none can date its birth.

And so Empedocles, when he bids us kill no living creature, says that doing this is not just for some people while unjust for others, Nay, but, an all-embracing law, through the realms of the sky Unbroken it stretcheth, and over the earth's immensity.

And as Alcidamas says in his Messeniac Oration....

The actions that we ought to do or not to do have also been divided into two classes as affecting either the whole community or some one of its members. From this point of view we can perform just or unjust acts in either of two ways-towards one definite person, or towards the community. The man who is guilty of adultery or assault is doing wrong to some definite person; the man who avoids service in the army is doing wrong to the community.

Thus the whole class of unjust actions may be divided into two classes, those affecting the community, and those affecting one or more other persons. We will next, before going further, remind ourselves of what 'being wronged' means. Since it has already been settled that 'doing a wrong' must be intentional, 'being wronged' must consist in having an injury done to you by some one who intends to do it. In order to be wronged, a man must (1) suffer actual harm, (2) suffer it against his will. The various possible forms of harm are clearly explained by our previous, separate discussion of goods and evils. We have also seen that a voluntary action is one where the doer knows what he is doing. We now see that every accusation must be of an action affecting either the community or some individual. The doer of the action must either understand and intend the action, or not understand and intend it. In the former case, he must be acting either from deliberate choice or from passion. (Anger will be discussed when we speak of the passions the motives for crime and the state of mind of the criminal have already been discussed.) Now it often happens that a man will admit an act, but will not admit the prosecutor's label for the act nor the facts which that label implies.

He will admit that he took a thing but not that he 'stole' it; that he struck some one first, but not that he committed 'outrage'; that he had intercourse with a woman, but not that he committed 'adultery'; that he is guilty of theft, but not that he is guilty of 'sacrilege', the object stolen not being consecrated; that he has encroached, but not that he has 'encroached on State lands'; that he has been in communication with the enemy, but not that he has been guilty of 'treason'. Here therefore we must be able to distinguish what is theft, outrage, or adultery, from what is not, if we are to be able to make the justice of our case clear, no matter whether our aim is to establish a man's guilt or to establish his innocence.