Chapter XIII.
There remain yet two points on which we purposed to speak: first, is he chargeable with an unjust act who in distribution has given the larger share to one party contrary to the proper rate, or he that has the larger share? next, can a man deal unjustly by himself?
In the first question, if the first-named alternative is possible and it is the distributor who acts unjustly and not he who has the larger share, then supposing that a person knowingly and willingly gives more to another than to himself here is a case of a man dealing unjustly by himself; which, in fact, moderate men are thought to do, for it is a characteristic of the equitable man to take less than his due.
Is not this the answer? that the case is not quite fairly stated, because of some other good, such as credit or the abstract honourable, in the supposed case the man did get the larger share. And again, the difficulty is solved by reference to the definition of unjust dealing: for the man suffers nothing contrary to his own wish, so that, on this score at least, he is not unjustly dealt with, but, if anything, he is hurt only.
It is evident also that it is the distributor who acts unjustly and not the man who has the greater share: because