Let us now consider what the condition is of men that do an injury, and who those are whom they injure. They are, therefore, then indeed when they fancy the thing is possible to be done, and it is possible to be done by them, whether they can do it latently, or so as not to suffer punishment though it should not be done latently; or when they think that they may suffer punishment, indeed, but that the loss which they shall sustain by it, will be less than the gain which will accrue to themselves, or to those who are the objects of their care. With respect therefore to what appears possible to be effected, and what not, this will be afterwards explained; for these things are common to all the parts of rhetoric. Those men, however, fancy themselves especially able to do an injury with impunity, who are able both to speak and act, and who are skilled in a multitude of contests. Those, also, fancy they can escape with impunity who have a great number of friends, and especially, indeed, if they imagine themselves to be powerful in what we have mentioned; or if they are not, if their friends, or assistants, or accomplices are persons of this description. For through these they may be able to effect their purpose latently, and without suffering punishment. This will also be the case, if they are the friends of those that are injured, or of the judges. For friends are careless of injuries, and are reconciled before prosecution. The judges, also, are willing to gratify their friends, and either entirely acquit them, or inflict a small punishment. But those are adapted to be concealed, who have a disposition contrary to the alledged crimes; as for instance, a feeble man, when accused of striking another, and a poor and deformed man when accused of adultery. This is also the case if the crime is committed very openly, and in the eyes of all men, because in short no one would think it to be true. Or if the crimes are so great, and so many, as not to have been committed by any one person before. For men are not aware of such injuries; since all men shun those that are accustomed to act ill, in the same manner as they shun diseases; but no one avoids him that has not yet been afflicted with disease. Those, likewise, think they shall be concealed, who injure those who have none, or those who have many enemies. For if they injure the former they fancy they shall be concealed, because they are not suspected; but if they injure the latter, that they shall be concealed, because it seems incredible that they would attack those who are aware of them, and because they might urge in their defence, that they did not make the attempt because they were certain they should find resistance. The like may be said of those who are provided with the means of concealment, or of some place, or mode of escape which is at hand; and also of such, who if they cannot conceal themselves, can put off the cause by delay of justice, or by corrupting the judges. This too may be said of those who if they are amerced, delay or buy of the payment, or who through poverty have nothing to lose. And of those whose gains are apparent, or great, or near; but their punishments either small, or unapparent, or at a distance. Likewise where the punishment is not equal to the profit, as appears to be the case in a tyranny. And also with those that gain by the injury, but are only disgraced by the punishment. And also with those to whom the contrary happens, that the injuries procure them a certain praise, as if it should happen, as it did to Zeno, that a man in avenging an injury, at the same time revenges an injury done to his father or mother; but the punishments are either a fine or banishment, or something of this kind. For both these do an injury, whether it be done this way or that, though they are not the same persons, but contrary in their manners. Those, likewise, are audacious in commiting injuries, who have frequently either been concealed, or not been punished. This is likewise the case with those who have frequently failed in their attempts; for in things of this kind, in the same manner as in warlike concerns, there are some who are still prepared to renew the fight. And also with those to whom the delightful is immediately present, but the painful follows afterwards; or gain is immediate, but punishment posterior. For the intemperate are persons of this description; but there is intemperance with respect to all such things as are the objects of desire. Those, likewise, confidently do an injury to whom on the contrary the painful is immediately present, or punishment, but the delightful and the advantageous, are present afterwards and later. For the continent and those who are more prudent, pursue things of this kind. This is also the case with those who may seem to have acted from fortune or necessity, from nature, or from custom; and in short, who have erred, but have not done any injury. The like too may be said of those who have been able to obtain an equitable decision; and of such as are in want. But men are in want in a twofold respect; either as being in want of necessaries, as is the case with the poor; or as being in want of superfluities, as is the case with the rich. Those also are prone to do injuries who are renowned, and also those who are very infamous. The former, indeed, because it will not be supposed that they have done an injury; and the latter because they will not become at all more infamous by doing the injury. Under these circumstances, therefore, they attempt to act unjustly.
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