[24] Murder is unjust by the law of nature, Smuggling by enactment. Therefore any act which can be referred to either of these heads is an unjust act, or, as Bishop Butler phrases it, an act materially unjust. Thus much may be decided without reference to the agent. See the note on page 32, l. 16.
[25] “As distinct from pain or loss.” Bishop Butler’s Sermon on Resentment. See also, Rhet. 11. 2 Def. of [Greek: orgae].
[26] This method of reading the passage is taken from Zell as quoted in Cardwell’s Notes, and seems to yield the best sense. The Paraphrast gives it as follows:
“But the aggressor is not ignorant that he began, and so he feels himself to be wrong [and will not acknowledge that he is the aggressor], but the other does not.”
[27] As when a man is “justified at the Grass Market,” i.e. hung.
[28] Where the stock of good is limited, if any individual takes more than his share some one else must have less than his share; where it is infinite, or where there is no good at all this cannot happen.
[29] The reference is to chap. vii. where it was said that the law views the parties in a case of particular injustice as originally equal, but now unequal, the wrong doer the gainer and the sufferer the loser by the wrong, but in the case above supposed there is but one party.
[30] So in the Politics, 1. 2.
Hae men gar psuchae tou somatos archei despotikaen archaen, o de nous taes orexeos politikaen kai despotikaev.
Compare also Bishop Butler’s account of human nature as a system—of the different authority of certain principles, and specially the supremacy of Conscience.
BOOK VI
[1] I understand the illustration to be taken from the process of lowering a weight into its place; a block of marble or stone, for instance, in a building.
[2] Called for convenience sake Necessary and Contingent matter.