Justice of actions, is by writers divided into “commutative,” and “distributive”: and the former they say consisteth in proportion arithmetical; the latter in proportion geometrical. Commutative, therefore, they place in the equality of value of the things contracted for; and distributive, in the distribution of equal benefit, to men of equal merit. As if it were injustice to sell dearer than we buy; or to give more to a man than he merits. The value of all things contracted for, is measured by the appetite of the contractors: and therefore the just value is that which they be contented to give. And merit, besides that which is by covenant, where the performance on one part, meriteth the performance of the other part, and falls under justice commutative, not distributive, is not due by justice; but is rewarded of grace only. And therefore this distinction, in the sense wherein it useth to be expounded, is not right. To speak properly, commutative justice is the justice of a contractor; that is, a performance of covenant, in buying and selling; hiring, and letting to hire; lending, and borrowing; exchanging, bartering, and other acts of contract.

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