ON THE NOTIONS OF RIGHT AND JUSTICE 287 



to be defined. And I think that the notion men have of 

 it will best be satisfied, if we say that wisdom is nothing 

 but the very science of happiness 20 . So we are brought 

 back again to the notion of happiness, which this is not 

 the place to explain 21 . 



Now from this source flows natural Eight [jus naturae] 

 of which there are three degrees : Right in the narrow sense 

 [jus strictum] in commutative justice, equity (or charity 

 in the narrower sense of the word) in distributive justice 22 , 

 and lastly, piety (or uprightness) in universal justice 23 . 



20 ' Wisdom is the science of the best, as prudence is the science 

 of the good/ Specimen demonstrationum politicarum (1669), prop. 38 

 (Dutens, iv. 559). 



21 'Happiness is a lasting state of joy/ Initium institutionum juris 

 perpetui (Mollat, p. 4). ' Nothing contributes more to happiness 

 than the enlightenment of the understanding and the inclination 

 of the will always to act according to reason, and such an enlighten- 

 ment is especially to be sought in the knowledge of those things 

 which can lead our understanding ever onward to* a higher light ; 

 because from this there arises a continual progress in wisdom and 

 virtue, and consequently in perfection and joy, the fruit of which 

 remains with the soul even after this life.' Van der Gluckseligkeit 

 (E. 672 b ; G. vii. 88). Cf. E. 793 a ; G. ii. 581. 



22 These correspond respectively to Aristotle's TO \v TOIS ffwa\\ay- 

 }io.ai Sttcaiov or SiKaiov SiopdcariKov and his SiavffiijriKov SiKaiov or Siicaiov 

 fv TCUS 8iav6fjiais. Ethics, v. 2, H3o b 3o; v. 4, H3i b 27 and 33. Cf. 

 Pol. iii. 9. ' Commutative justice has to do with private right, 

 distributive with public right.' De tribus juris naturae et gentium 

 gradibus (Mollat, p. 14). Cf. loc. cit., p. 17, where they are called 

 'right of property, and right of society/ But Aristotle recognizes 

 a ' catallactic ' or ' commutative ' justice (T& avriircirovOos) distinct 

 (at least according to what seems the best interpretation of Eth. v. 

 5) both from ' corrective ' justice (TO SiopOtuTueov} and ' distributive ' 

 justice (TO SiavffiijTiKov); 'corrective' and 'distributive' justice 

 pre-supposing the existence of a state (m$A.ty), while 'catallactic' 

 justice is pre-supposed by the state. See Prof. Ritchie ' On Aristotle's 

 subdivisions of Particular Justice,' Classical Review, viii. p. 185. 



23 ' While justice is only a particular virtue, when we make 

 abstraction from God or from a government which imitates that 

 of God ; and while this virtue, thus limited, includes only what is 

 called commutative and distributive justice, we may say that as 

 soon as it is founded upon God or upon the imitation of God, it be- 

 comes universal justice and contains all the virtues/ Meditation sur la 

 notion commune de la justice (Mollat, p. 75). Cf. infra, note 42. 



