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Ethics
Thomas C. Brickhouse
Abstract This paper argues against the view favored by many contemporary
scholars that corrective justice in the Nicomachean Ethics is essentially compensatory
and in favor of a bifunctional account according to which corrective justice aims at
equalizing inequalities of both goods and evils resulting from various interactions
between persons. Not only does the account defended in this paper better explain the
broad array of examples Aristotle provides than does the standard interpretation, it also
better fits Aristotle's general definition of what is just. In the last section, the paper
argues, again against the standard interpretation, that proportional reciprocity, the kind
of justice discussed in Nicomachean Ethics V.5, has two forms and is closely linked to
corrective justice. Although corrective justice and proportional reciprocity are con-
ceptually distinct and do different work in Aristotle' s political philosophy, instances of
proportional reciprocity are instantiated by instances of corrective justice. This link-
age, the paper concludes, helps to explain why Aristotle would assign corrective
justice such a prominent place in his theory of justice.
T. C. Brickhouse (13)
Lynchburg College, Lynchburg, VA, USA
e-mail: Brickhouse@lynchburg.edu
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voluntarily to oth
inequality that ca
that has wrongly
(Çt1|axcl), that ha
It falls to a judge
Counting the part
loss (ÇT1|iia) on t
and the initial loss
So just how does
the injustice and r
behind the idea th
Bostock writes: "S
quo; the offender
restored to the vic
"...corrective justic
(or its fungible e
striking that 'equa
the status quo bef
by H. Curzer: " Re
must be compelled
logos) for rectific
injustice state (11
porary secondary
deserves to be call
It is not difficult
Aristotle twice re
judge should recti
H. Joachim's note is
relation which comes t
Interactions that are "by
one" are involuntary.
loss, they seem to be r
2 Bostock (2000, p. 6
3 Young (2006, pp. 1
4 Brown (2009, note o
5 Cruzer (2012, pp. 2
6For other endorsem
Rowe (2002, p. 36), E
7 In preparing the tran
Urmson after Ross (2
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See Burnet (1900, note on xo'3 p^ápouç xt|v 6xa<popav, pp. 218-219).
9 Burnet (Burnet 1900, note on éíiáv -yap x.xX, p. 221). For example, in a failed but attempted murder
the actual injury may be minimal, or even nonexistent, though the moral harm is considerable. On the
other hand, serious physical injury to one party may be the result of a moment of careless on the part of
the agent.
10 Aristotle employs two terms during the discussion: "6iop0coxxxóv" (NE, 1 131al, 1 13 lb25, 1 132b4)
and "eTtavopOcoxiKov" (NE, 1 132a 18, 1 132b24). Burnet takes the former to be a broad term that refers
to any "adjustment" and so to equalizing before an exchange of goods and to equalizing after an
involuntary interaction. The latter refers to equalizing only after an involuntary interaction. (Burnet 1900,
note on 6xop0íoxixóv, p. 213.).
11 One notable exception is Joachim, who writes, "...I think that on the whole Burnet is on the right
lines." (Joachim 1951, p. 146).
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reciprocity" (to à
introduces in V.5
1132b31-33, also
I will argue that i
which is how it is
normative princip
forms, each one c
justice achieves e
equality, whether
forms of proporti
"hold the commun
assigns to propor
important role in
generally apprecia
1 Problems with
If Aristotle really
V.4 is remarkably
various wrongful
1132a8) obviously c
ante is to be restor
that is to be comp
estate for a wrong
respect to some go
Even if we set a
Aristotle's part,21
the uneven lines an
segments. This tim
CC/which are equa
segment CD, so th
it exceeds BB/by
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A E A /
B B /
D C F C /
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23 Whether Aristotle i
the doubters, see Eng
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As we have seen, the goal of corrective justice is to nullify gain and loss an
reestablish a just relationship. When Aristotle first introduces the notions of
and loss, he explicitly states that both can be understood in two ways: "An
24 Bostock (2000, p. 63) takes a0rxh'n elxwn to be someone functioning as a policeman. Pakaluk
p. 194) claims the referent is a "government official." Burnet (1900, note on olov ei k.tX, p. 224) thi
Aristotle has a military officer in mind.
25 Bostock (2000, p. 63) recognizes that the passage makes sense only if Aristotle is pointing out
response on the part of the judge would fit corrective justice. Bostock, a proponent of the sta
interpretation, simply suggests that "Aristotle himself fails to notice this fact." Brown, another prop
of the standard interpretation, also notices the problem and argues that the discussion of the assault o
officeholder is "an important qualification to the account in Chap. 4." (See Brown 2009, note on 1 1 32
23 1 .) It is hard to see how punishment for this sort of wrongdoing can be a "qualification" of any s
compensatory view of rectification.
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equality is a mean (
and loss are more an
and sometimes (5'
èvavxiov, NE, 1132
he presumably mea
of what is good tha
loss can be just the
equal, it is natural t
equal, and inthose
corresponding loss
The fact that gain
possibility that w
interaction that cal
involuntary interac
corrective justice is
to this interpretati
difference in the v
value is determin
obviously an inequa
she bargained for b
in trade. In this cas
has received what h
owes. After an invo
determined, the tas
of some sort - is co
that penalty on th
exemplified by Ari
beaten and punishe
We can see what th
"everyone underst
construed as "as a
between the value
something (èv oîç,
interaction is a matt
interaction it is a m
sort on the wrongd
are counted as of
person and his shar
part of particular j
about equality. Wh
depends upon the n
does corrective just
the rectification of
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26 Broadie (2002, p. 36) maintains that Aristotle recognizes rectification through punishment, but that he
does not distinguish between that and rectification through "forced reparation." It is hard to believe,
however, that Aristotle would not recognize the important difference between the two. Moreover, Broadie
states nothing about how Aristotle's remarks in V.4 apply to the rectification of injustices from voluntary
and involuntary interactions. Pakuluk (2005, p. 196) seems to hold the same view as Broadie: rectification
can come "...by taking goods away from the offender and restoring them to the victim, or by simply
punishing the offender." But like Broadie, Pakaluk nowhere explains how Aristotle's comments,
especially the line analogies, are supposed to fit such very different ways of rectifying.
27 A similar objection is raised against Kraut by Keyt (2003), which, if valid, would also apply to my
interpretation.
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legal classification
been made about w
A more troubling
evils for evils - is t
analogies, which A
injustices (NE, 1 1
equalizing of good
interpretation und
this to the other."
equally to the bifu
inflicting an evil o
When Aristotle in
thinking about a
Accordingly, by "t
he is thinking abo
single line divided
are segments of on
is adding to the ot
making the other,
becomes part of a
thereby lengthene
segment exceeds th
mean that taking
loss.
If gain correspond
of a single line , w
that the party wh
good or evil, for j
Since the party w
gain the judge ha
making the good h
party. Just as to b
other segment, so
just is to have an a
against my interp
strongly supports i
Still, does not th
interpretation and
the uneven segmen
divided into unequ
the first of which
Ross' illustration a
is something that "
the one having les
the shorter, and
possibly equalize e
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3 Corrective Jus
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wrongdoer. Accor
these just relation
comparable goods
Earlier, I argued
Aristotle's genera
and their respecti
now be obvious th
correspond to the
goods that have b
goods and evils th
cancels gain and lo
reciprocal repaym
involuntary inter
instantiate correct
is important to s
different work in
goods to the satisf
are not instance
establishing equal
we have seen, Ari
when it rectifies a
of corrective jus
reciprocity, by co
with others. It is
common to all citi
goods bargained fo
another avenged. A
involuntary intera
instances of corre
mistake to conclud
at vengeance or th
If I am right abo
linked, corrective
communities. Wh
communities for
joining in a comm
To the extent they
suffered requited,
has already noted
1 126a7-8), and are
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common, if there
it, the community
to understand th
reciprocity, while
regarding commun
ideal communities
as the community
4 Conclusion
In this paper I have argued against the view that corrective justice in the NE i
essentially compensatory, and in favor of a bifunctional account. But unlike other
who defend bifunctional accounts, I have argued that, for Aristotle, correctiv
justice aims at equalizing inequalities of both goods and evils resulting from various
interactions. The account I have defended here better explains the broad array of
examples Aristotle provides of actions that call for rectification than does the
standard interpretation, or so I have argued. Moreover, with respect to the two
famous analogies of equalizing unequal line segments, which are often taken a
compelling evidence in favor of the compensatory interpretation, my account is
actually supported by the first and is at least consistent with the second. In addition,
unlike the received interpretation, my account of rectifying involuntary interaction
does not have the implausible consequence that in V.4 Aristotle developed a view,
namely correction as compensation, that appears nowhere else in the corpus.
Finally, I take it to be a virtue of my account that it makes good sense - indeed,
better sense that do rival accounts - of the way Aristotle introduces proportional
reciprocity and what he says about it in connection with goods and evils. If what I
have argued is correct, although corrective justice aims at a kind of equality after
injustices, it also yields instances of proportional reciprocity, which is essential to
the stability of the political community. That both, equality and stability, are
essential to the wellbeing of the political community helps to explain why Aristotle
would assign corrective justice such a prominent place in his theory of justice.
Acknowledgments I am indebted to N.D. Smith and Angelo Corlett for helpful comments on an earlier
draft of this paper. It should not be assumed that either agrees with the theses defended here or with any of
the arguments offered in their support.
References
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