Front Page Titles (by Subject) 10.: Of equity - The Nicomachean Ethics
10.: Of equity - Aristotle, The Nicomachean Ethics 
The Nichomachean Ethics of Aristotle, trans. F.H. Peters, M.A. 5th edition (London: Kegan Paul, Trench, Truebner & Co., 1893).
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- Preface to the Fifth Edition.
- Book I.: The End.
- 1.: In All He Does Man Seeks Same Good As End Or Means.
- 2.: The End Is the Good; Our Subject Is This and Its Science Politics.
- 3.: Exactness Not Permitted By Subject Nor to Be Expected By Student, Who Needs Experience and Training.
- 4.: Men Agree That the Good Is Happiness, But Differ As to What This Is.
- 5.: The Good Cannot Be Pleasure, Nor Honour, Nor Virtue.
- 6.: Various Arguments to Show Against the Platonists That There Cannot Be One Universal Good.
- 7.: The Good Is the Final End, and Happiness Is This.
- 8.: This View Harmonizes Various Current Views.
- 9.: It Happiness Acquired, Or the Gift of Gods Or of Chance?
- 10.: Can No Man Be Called Happy During Life?
- 11.: Cannot the Fortunes of Survivors Affect the Dead?
- 12.: Happiness As Absolute End Is Above Praise.
- 13.: Division of the Faculties and Resulting Division of the Virtues.
- Book II.: Moral Virtue.
- 1.: Moral Virtue Is Acquired By the Repetition of the Corresponding Acts.
- 2.: These Acts Must Be Such As Reason Prescribes; They Can’t Be Defined Exactly, But Must Be Neither Too Much Nor Too Little.
- 3.: Virtue Is In Various Ways Concerned With Pleasure and Pain.
- 4.: The Conditions of Virtuous Action As Distinct From Artistic Production.
- 5.: Virtue Not an Emotion, Nor a Faculty, But a Trained Faculty Or Habit.
- 6.: Viz., the Habit of Choosing the Mean.
- 7.: This Must Be Applied to the Several Virtues.
- 8.: The Two Vicious Extremes Are Opposed to One Another and to the Intermediate Virtue.
- 9.: The Mean Hard to Hit, and Is a Matter of Perception, Not of Reasoning.
- Book III.
- Chapters 1–5.: the Will.
- 1.: An Act Is Involuntary When Done (a) Under Compulsion, Or (b) Through Ignorance: (a) Means Not Originated By Doer, (b) Means Through Ignorance of the Circumstances: Voluntary Then Means Originated With Knowledge of Circumstances.
- 2.: Purpose, a Mode of Will, Means Choice After Deliberation.
- 3.: We Deliberate On What We Can Do—not On Ends, But Means.
- 4.: We Wish For
- 5.: Virtue and Vice Are Alike Voluntary, Our Acts Are Our Own; For We Are Punished For Them; If This Be Our Character, We Have Made It By Repeated Acts; Even Bodily Vices Are Blamable When Thus Formed. We Cannot Plead That Our Notion of Good Depends On Ou
- Chapters 6—12: the Several Moral Virtues and Vices.
- 6.: Of Courage and the Opposite Vices.
- 7. Of Courage (continued)
- 8. Of Courage Improperly So Called.
- 9.: How Courage Involves Both Pain and Pleasure.
- 10.: Of Temperance.
- 11. Of Temperance (continued)
- 12.: How Profligacy Is More Voluntary Than Cowardice.
- Book IV.: The Several Moral Virtues and Vices— Continued.
- 1.: Of Liberality.
- 2.: Of Magnificence.
- 3.: Of High-mindedness
- 4.: Of a Similar Virtue In Smaller Matters.
- 5.: Of Gentleness.
- 6.: Of Agreeableness.
- 7.: Of Truthfulness.
- 8.: Of Wittiness.
- 9.: Of the Feeling of Shame
- Book V.: The Several Moral Virtues and Vices— Concluded. Justice.
- 1.: Preliminary Two Senses of Justice Distinguished Justice (l) = Obedience to Law = Complete Virtue.
- 2.: Of Justice (2) = Fairness, How Related to Justice (1). What Is Just In Distribution Distinguished From What Is Just In Correction.
- 3.: Of What Is Just In Ditribution and Its Rule of Geometrical Proportion.
- 4.: Of That Which Is Just In Correction, and Its Rule of Arithmetical Proportion.
- 5.: Simple Requital Is Not Identical With What Is Just, But Proportionate Requital Is What Is Just In Exchange; and This Is Effected By Means of Money. We Can Now Give a General Definition of Justice (2).
- 6.: ( One Can Act Unjustly Without Being Unjust. ) That Which Is Just In the Strict Sense Is Between Citizens Only, For It Implies Law.
- 7.: It Is In Part Natural, In Part Conventional.
- 8.: The Internal Conditions of a Just Or Unjust Action, and of a Just Or Unjust Agent.
- 9.: Sundry Questions About Doing and Suffering Injustice
- 10.: Of Equity
- 11.: Can a Man Wrong Himself?
- Book VI.: The Intellectual Virtues.
- 1.: Must Be Studied Because (a) Reason Prescribes the Mean, (b) They Are a Part of Human Excellence. the Intellect Is (1) Scientific, (2) Calculative: We Want the Virtue of Each.
- 2.: The Function of the Intellect, Both In Practice and Speculation, Is to Attain Truth.
- 3.: Of the Five Modes of Attaining Truth: (1) of Demonstrative Science of Things Invariable.
- 4.: Of Knowledge of Things Variable, Viz. (2) of Art In What We Make;
- 5.: And (3) of Prudence In What We Do, the Virtue of the Calculative Intellect.
- 6.: (4) of Intuitive Reason As the Basis of Demonstrative Science.
- 7.: (5) of Wisdom As the Union of Science and Intuitive Reason. Comparison of the Two Intellectual Virtues, Wisdom and Prudence.
- 8.: Prudence Compared With Statesmanship and Other Forms of Knowledge.
- 9.: Of Deliberation.
- 10.: Of Intelligence
- 11.: Of Judgment of Reason Or Intuitive Perception As the Basis of the Practical Intellect.
- 12.: Of the Uses of Wisdom and Prudence. How Prudence Is Related to Cleverness.
- 13.: How Prudence Is Related to Moral Virtue
- Book VII.
- Chapters 1–10.: Characters Other Than Virtue and Vice.
- 1.: Of Continence and Incontinence, Heroic Virtue and Brutality. of Method. Statement of Opinions About Continence.
- 2.: Statement of Difficulties As to How One Can Know Right and Do Wrong.
- 3.: Solution: to Know Has Many Senses; In What Sense Such a Man Knows.
- 4.: Of Incontinence In the Strict and In the Metaphorical Sense.
- 5.: Of Incontinence In Respect of Brutal Or Morbid Appetites.
- 6.: Incontinence In Anger Less Blamed Than In Appetite.
- 7.: Incontinence Yields to Pleasure, Softness to Pain. Two Kinds of Incontinence, the Hasty and the Weak.
- 8.: Incontinence Compared With Vice and Virtue.
- 9.: Continence and Incontinence Not Identical With Keeping and Breaking a Resolution.
- 10.: Prudence Is Not, But Cleverness Is, Compatible With Incontinence.
- Chapters 11—14.: of Pleasure.
- 11.: We Must Now Discuss Pleasure. Opinions About It.
- 12.: Answers to Arguments Against Goodness of Pleasure. Ambiguity of Good and Pleasant. Pleasure Not a Transition, But Unimpeded Activity.
- 13.: Pleasure Is Good, and the Pleasure That Consists In the Highest Activity Is the Good. All Admit That Happiness Is Pleasant. Bodily Pleasures Not the Only Pleasures.
- 14.: Of the Bodily Pleasures, and the Distinction Between Naturally and Accidentally Pleasant.
- Book VIII.: Friendship Or Love.
- 1.: Uses of Friendship. Differences of Opinion About It.
- 2.: Three Motives of Friendship. Friendship Defined.
- 3.: Three Kinds of Friendship, Corresponding to the Three Motives Perfect Friendship Is That Whose Motive Is the Good.
- 4.: The Others Are Imperfect Copies of This.
- 5.: Intercourse Necessary to the Maintenance of Friendship.
- 6.: Impossible to Have Many True Friends.
- 7.: Of Friendship Between Unequal Persons and Its Rule of Proportion. Limits Within Which This Is Possible.
- 8.: Of Loving and Being Loved.
- 9.: Every Society Has Its Own Form of Friendship As of Justice. All Societies Are Summed Up In Civil Society.
- 10.: Of the Three Forms of Constitution.
- 11.: Of the Corresponding Forms of Friendship.
- 12.: Of the Friendship of Kinsmen and Comrades.
- 13.: Of the Terms of Interchange and Quarrels Hence Arising In Equal Friendships.
- 14.: Of the Same In Unequal Friendships.
- Book IX.: Friendship Or Love— Continued.
- 1.: Of the Rule of Proportion In Dissimilar Friendships.
- 2.: Of the Conflict of Duties.
- 3.: Of the Dissolution of Friendships.
- 4.: A Man’s Relation to His Friend Like His Relation to Himself.
- 5.: Friendship and Goodwill.
- 6.: Friendship and Unanimity
- 7.: Why Benefactors Love More Than They Are Loved.
- 8.: In What Sense It Is Right to Love One’s Self.
- 9.: Why a Happy Man Needs Friends.
- 10.: Of the Proper Number of Friends.
- 11.: Friends Needed Both In Prosperity and Adversity.
- 12.: Friendship Is Realized In Living Together.
- Book X.
- Chapters 1–5.: Pleasure.
- 1.: Reasons For Discussing Pleasure.
- 2.: Arguments of Eudoxus That Pleasure Is the Good.
- 3.: Argument That It Is Not a Quality; That It Is Not Determined; That It Is a Motion Or Coming Into Being. Pleasures Differ In Kind.
- 4.: Pleasure Defined: Its Relation to Activity.
- 5.: Pleasures Differ According to the Activities the Standard Is the Good Man.
- Chapters 6–9.: Conclusion.
- 6.: Happiness Not Amusement, But Life.
- 7.: Of the Speculative Life As Happiness In the Highest Sense.
- 8.: Of the Practical Life As Happiness In a Lower Sense, and of the Relation Between the Two. Prosperity, How Far Needed.
- 9.: How Is the End to Be Realized?
We have next to speak of equity and of that which is equitable, and to inquire how equity is related to justice, and that which is equitable to that which is just. For, on consideration, they do not seem to be absolutely identical, nor yet generically different. At one time we praise that which is equitable and the equitable man, and even use the word metaphorically as a term of praise synonymous with good, showing that we consider that the more equitable a thing is the better it is. At another time we reflect and find it strange that what is equitable should be praiseworthy, if it be different from what is just; for, we argue, if it be something else, either what is just is not good, or what is equitable is not good; if both be good, they are the same.
These are the reflections which give rise to the difficulty about what is equitable. Now, in a way, they are all correct and not incompatible with one another; for that which is equitable, though it is better than that which is just (in one sense of the word), is yet itself just, and is not better than what is just in the sense of being something generically distinct from it. What is just, then, and what is equitable are generically the same, and both are good, though what is equitable is better.
But what obscures the matter is that though what is equitable is just, it is not identical with, but a correction of, that which is just according to law.
The reason of this is that every law is laid down in general terms, while there are matters about which it is impossible to speak correctly in general terms. Where, then, it is necessary to speak in general terms, but impossible to do so correctly, the legislator lays down that which holds good for the majority of cases, being quite aware that it does not hold good for all.
The law, indeed, is none the less correctly laid down because of this defect; for the defect lies not in the law, nor in the lawgiver, but in the nature of the subject-matter, being necessarily involved in the very conditions of human action.
When, therefore, the law lays down a general rule, but a particular case occurs which is an exception to this rule, it is right, where the legislator fails and is in error through speaking without qualification, to make good this deficiency, just as the lawgiver himself would do if he were present, and as he would have provided in the law itself if the case had occurred to him.
What is equitable, then, is just, and better than what is just in one sense of the word—not better than what is absolutely just, but better than that which fails through its lack of qualification. And the essence of what is equitable is that it is an amendment of the law, in those points where it fails through the generality of its language.
The reason why the law does not cover all cases is that there are matters about which it is impossible to lay down a law, so that they require a special decree. For that which is variable needs a variable rule, like the leaden rule employed in the Lesbian style of masonry; as the leaden rule has no fixed shape, but adapts itself to the outline of each stone, so is the decree adapted to the occasion.
We have ascertained, then, what the equitable course is, and have found that it is just, and also better than what is just in a certain sense of the word. And after this it is easy to see what the equitable man is: he who is apt to choose such a course and to follow it, who does not insist on his rights to the damage of others, but is ready to take less than his due, even when he has the law to back him, is called an equitable man; and this type of character is called equitableness, being a sort of justice, and not a different kind of character.