Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section of the individual titles, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Manuscripts & Archives Division. New York Public Library
Helpful texts in ascertaining being
Liberty Fund translation:
“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.”
Another translation (Kathy Eden, Hermeneutics and the Rhetorical Tradition: Chapters in the Ancient Legacy & its Humanist Reception, New Haven: Yale, 1997):
Hence, while the equitable is just, and is superior to one sort of justice (ou tou haplos,) but only to the error (hamartema) due to its absolute statement. This is the essential nature of the equitable: it is a rectification (epanorthoma) of law where law is defective because of generality. In fact this is the reason why things are not all determined by law: it is because there are some cases for which it is impossible to lay down a law, so that a special ordinance becomes necessary. For what is itself indefinite can only be measured by an indefinite standard, like the leaded rule used by Lesbian builders; just as that rule is not rigid but can be bent to the shape of the stone, so a special ordinance is made to fit the circumstance of the case.
Aristotle, The Nichomachean Ethics of Aristotle, trans. F.H. Peters, M.A. 5th edition (London: Kegan Paul, Trench, Truebner & Co., 1893). Chapter: 10.: Of equity
Accessed from oll.libertyfund.org/title/903/70726 on 2008-04-11
The text is in the public domain.
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.
[† ]Οὐ δίκαιον I have omitted (after Trendelenburg) as obviously wrong. We may suppose either that the original οὐ σπουδαɩ̂ον was altered into οὐ δίκαιον, or (more probably) that οὐ δίκαιον or δίκαιον was inserted by a bungling copyist.
The born lover, to whose degree the musician also may attain—and then either come to a stand or pass beyond—has a certain memory of beauty but, severed from it now, he no longer comprehends it: spell-bound by visible loveliness he clings amazed about that. His lesson must be to fall down no longer in bewildered delight before some, one embodied form; he must be led, under a system of mental discipline, to beauty everywhere and made to discern the One Principle underlying all, a Principle apart from the material forms, springing from another source, and elsewhere more truly present.
Plotinus, The Ethical Treatises, being the Treatises of the First Ennead, with Porphry’s Life of Plotinus, and the Preller-Ritter Extracts forming a Conspectus of the Plotinian System, translated from Greek by Stephen Mackenna (Boston: Charles T. Branford, 1918). Chapter: THIRD TRACTATE On Dialectic (The Upward Way)
Accessed from oll.libertyfund.org/title/1272/6645 on 2008-04-11
The text is in the public domain.
What art is there, what method, what discipline to bring us there where we must go?
The Term at which we must arrive we may take as agreed: we have established elsewhere, by many considerations, that our journey is to the Good, to the Primal-Principle; and, indeed, the very reasoning which discovered the Term was itself something like an initiation.
But what order of beings will attain the Term?
Surely, as we read, those that have already seen all or most things, those who at their first birth have entered into the life-germ from which is to spring a metaphysician, a musician or a born lover, the metaphysician taking to the path by instinct, the musician and the nature peculiarly susceptible to love needing outside guidance.
But how lies the course? Is it alike for all, or is there a distinct method for each class of temperament?
For all there are two stages of the path, as they are making upwards or have already gained the upper sphere.
The first degree is the conversion from the lower life; the second—held by those that have already made their way to the sphere of the Intelligibles, have set as it were a footprint there but must still advance within the realm—lasts until they reach the extreme hold of the place, the Term attained when the topmost peak of the Intellectual realm is won.
But this highest degree must bide its time: let us first try to speak of the initial process of conversion.
We must begin by distinguishing the three types. Let us take the musician first and indicate his temperamental equipment for the task.
The musician we may think of as being exceedingly quick to beauty, drawn in a very rapture to it: somewhat slow to stir of his own impulse, he answers at once to the outer stimulus: as the timid are sensitive to noise so he to tones and the beauty they convey; all that offends against unison or harmony in melodies and rhythms repels him; he longs for measure and shapely pattern.
This natural tendency must be made the starting-point to such a man; he must be drawn by the tone, rhythm and design in things of sense: he must learn to distinguish the material forms from the Authentic-Existent which is the source of all these correspondences and of the entire reasoned scheme in the work of art: he must be led to the Beauty that manifests itself through these forms; he must be shown that what ravished him was no other than the Harmony of the Intellectual world and the Beauty in that sphere, not some one shape of beauty but the All-Beauty, the Absolute Beauty; and the truths of philosophy must be implanted in him to lead him to faith in that which, unknowing it, he possesses within himself. What these truths are we will show later.
The born lover, to whose degree the musician also may attain—and then either come to a stand or pass beyond—has a certain memory of beauty but, severed from it now, he no longer comprehends it: spell-bound by visible loveliness he clings amazed about that. His lesson must be to fall down no longer in bewildered delight before some, one embodied form; he must be led, under a system of mental discipline, to beauty everywhere and made to discern the One Principle underlying all, a Principle apart from the material forms, springing from another source, and elsewhere more truly present. The beauty, for example, in a noble course of life and in an admirably organised social system may be pointed out to him—a first training this in the loveliness of the immaterial—he must learn to recognise the beauty in the arts, sciences, virtues; then these severed and particular forms must be brought under the one principle by the explanation of their origin. From the virtues he is to be led to the Intellectual-Principle, to the Authentic-Existent; thence onward, he treads the upward way.
The metaphysician, equipped by that very character, winged already and not like those others, in need of disengagement, stirring of himself towards the supernal but doubting of the way, needs only a guide. He must be shown, then, and instructed, a willing wayfarer by his very temperament, all but self-directed.
Mathematics, which as a student by nature he will take very easily, will be prescribed to train him to abstract thought and to faith in the unembodied; a moral being by native disposition, he must be led to make his virtue perfect; after the Mathematics he must be put through a course in Dialectic and made an adept in the science.
But this science, this Dialectic essential to all the three classes alike, what, in sum, is it?
It is the Method, or Discipline, that brings with it the power of pronouncing with final truth upon the nature and relation of things—what each is, how it differs from others, what common quality all have, to what Kind each belongs and in what rank each stands in its Kind and whether its Being is Real-Being, and how many Beings there are, and how many non-Beings to be distinguished from Beings.
Dialectic treats also of the Good and the not-Good, and of the particulars that fall under each, and of what is the Eternal and what the not-Eternal—and of these, it must be understood, not by seeming-knowledge (“sense-knowledge”) but with authentic science.
All this accomplished, it gives up its touring of the realm of sense and settles down in the Intellectual Kosmos and there plies its own peculiar Act: it has abandoned all the realm of deceit and falsity, and pastures the Soul in the “Meadows of Truth”: it employs the Platonic division to the discernment of the Ideal-Forms, of the Authentic-Existence and of the First-Kinds (or Categories of Being): it establishes, in the light of Intellection, the unity there is in all that issues from these Firsts, until it has traversed the entire Intellectual Realm: then, resolving the unity into the particulars once more, it returns to the point from which it starts.
Now it rests: instructed and satisfied as to the Being in that sphere, it is no longer busy about many things: it has arrived at Unity and it contemplates: it leaves to another science all that coil of premisses and conclusions called the art of reasoning, much as it leaves the art of writing: some of the matter of logic, no doubt, it considers necessary—to clear the ground—but it makes itself the judge, here as in everything else; where it sees use, it uses; anything it finds superfluous, it leaves to whatever department of learning or practice may turn that matter to account.
But whence does this science derive its own initial laws?
The Intellectual-Principle furnishes standards, the most certain for any soul that is able to apply them. What else is necessary, Dialectic puts together for itself, combining and dividing, until it has reached perfect Intellection. “For,” we read, “it is the purest (perfection) of Intellection and Contemplative-Wisdom.” And, being the noblest method and science that exists it must needs deal with Authentic-Existence, The Highest there is: as Contemplative-Wisdom (or true-knowing) it deals with Being, as Intellection with what transcends Being.
What, then, is Philosophy?
Philosophy is the supremely precious.
Is Dialectic, then, the same as Philosophy?
It is the precious part of Philosophy. We must not think of it as the mere tool of the metaphysician: Dialectic does not consist of bare theories and rules: it deals with verities; Existences are, as it were, Matter to it, or at least it proceeds methodically towards Existences, and possesses itself, at the one step, of the notions and of the realities.
Untruth and sophism it knows, not directly, not of its own nature, but merely as something produced outside itself, something which it recognises to be foreign to the verities laid up in itself; in the falsity presented to it, it perceives a clash with its own canon of truth. Dialectic, that is to say, has no knowledge of propositions—collections of words—but it knows the truth and, in that knowledge, knows what the schools call their propositions: it knows above all, the operation of the soul, and, by virtue of this knowing, it knows, too, what is affirmed and what is denied, whether the denial is of what was asserted or of something else, and whether propositions agree or differ; all that is submitted to it, it attacks with the directness of sense-perception and it leaves petty precisions of process to what other science may care for such exercises.
Philosophy has other provinces, but Dialectic is its precious part: in its study of the laws of the universe, Philosophy draws on Dialectic much as other studies and crafts use Arithmetic, though, of course, the alliance between Philosophy and Dialectic is closer.
And in Morals, too, Philosophy uses Dialectic: by Dialectic it comes to contemplation, though it originates of itself the moral state or rather the discipline from which the moral state develops.
Our reasoning faculties employ the data of Dialectic almost as their proper possession for they are mainly concerned about Matter (whose place and worth Dialectic establishes).
And while the other virtues bring the reason to bear upon particular experiences and acts, the virtue of Wisdom (i.e. the virtue peculiarly induced by Dialectic) is a certain super-reasoning much closer to the Universal; for it deals with (such abstract ideas as) correspondence and sequence, the choice of time for action and inaction, the adoption of this course, the rejection of that other: Wisdom and Dialectic have the task of presenting all things as Universals and stripped of matter for treatment by the Understanding.
But can these inferior kinds of virtue exist without Dialectic and philosophy?
Yes—but imperfectly, inadequately.
And is it possible to be a Sage, a Master in Dialectic, without these lower virtues?
It would not happen: the lower will spring either before or together with the higher. And it is likely that everyone normally possesses the natural virtues from which, when Wisdom steps in, the perfected virtue develops. After the natural virtues, then, Wisdom and, so the perfecting of the moral nature. Once the natural virtues exist, both orders, the natural and the higher, ripen side by side to their final excellence: or as the one advances it carries forward the other towards perfection.
But, ever, the natural virtue is imperfect in vision and in strength—and to both orders of virtue the essential matter is from what principles we derive them.