Aristotle, Rhetoric. Book I, Chapter 15


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Those injuries, however, are greater which proceed from greater injustice. Hence, also, sometimes the least injuries are attended with the greatest injustice. Thus for instance, Callistratus accused Melanopus for having defrauded the builders of the temple of three sacred vessels of an inconsiderable value. But the contrary takes place in justice. These, however, are the greatest injuries, because they transcend in power. For he who stole these three sacred vessels, would have committed any other unjust act. Sometimes, therefore, the injury is thus greater; but sometimes it is judged to be greater from the harm that ensues. That injury also is considered as greater, to which no punishment is equal, but every punishment is less than it deserves. And likewise that for which there is no remedy; because it is difficult and impossible to apply such a remedy. Also that for which the sufferer can obtain no recompence; for the evil is incurable; since justice and punishment are the remedies of injuries. Likewise, if the sufferer and he who is injured, cannot endure the attendant ignominy; for in this case he who did the injury deserves to be punished in a still greater degree. Thus Sophocles when pleading for Euctemon, because he who had been used insolently slew himself, said, that he who had done the injury ought not to be punished in a less degree, than he had punished himself who had been injured. The injury likewise is greater which a man does alone, or the first of all men, or with a few associates. The injury, also, is considered as greater which is often committed. And also that for the prevention of which laws and punishments have been explored. Thus in Argos those are punished, on whose account some new law is established, or a prison is built. The injury likewise is greater which is more brutal; and also that which is more premeditated. Likewise that which excites in the hearers of it, terror rather than pity. And rhetorical formulæ, indeed, are of this kind, viz. that a man has subverted or transgressed many just things, such as oaths, pledges of faith, and conjugal vows; for this is an exuberance of many injuries. And, also, that a man has committed an injury there where those that act unjustly are punished; as is the case with false witnesses. For where will not he do an injury who commits one in a court of justice? Likewise, that a man has done an injury which is attended with the greatest shame. And that he has injured him by whom he has been benefitted; for such a one multiplies injuries, because he acts ill, and likewise does not act well. Also, the injury is greater which a man does against the unwritten laws; for it is the province of a better man to be just, not from necessity, but voluntarily. Written laws, therefore, are observed from necessity, but this is not the case with unwritten laws. But after another manner the injury is greater which is committed against the written laws. For he who acts unjustly in those things in which he may be terrified by punishment, will much more act unjustly in those things for which no punishment is ordained. And thus much concerning a greater and a less injury.


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