For in such cases, though the terms are not always quite appropriate, we generally talk of the doer’s “gain” ( e.g. the striker’s) and the sufferer’s “loss;” but when the suffering has been assessed by the court, what the doer gets is called “loss” or penalty, and what the sufferer gets is called “gain.”
What is fair or equal, then, is a mean between more or too much and less or too little; but gain and loss are both more or too much and less or too little in opposite ways, i.e. gain is more or too much good and less or too little evil, and loss the opposite of this.
And in the mean between them, as we found, lies that which is equal or fair, which we say is just.