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‘And when there is no punishment (in use) equal or adequate (to the offence), but any one (that exists or can be devised) is too slight for it’; supply ἀδίκημα μεῖζόν ἐστι.

‘And where the mischief done is incurable: for it is hard (or grievous), or indeed impossible’. To fill up the sense either repeat ἰᾶσθαι, ‘to find any adequate remedy or compensation’; or, from οὗ μὴ ἴση τιμωρία, ‘to devise any adequate punishment’. Otherwise it may be supposed (though it is unnecessary) that Aristotle wrote ἀδύνατον, having ἀμήχανον or some similar adjective in his mind, meaning ‘a helpless, hopeless, irremediable’ case.

‘And again crimes for which no legal redress is to be obtained by the injured party: for such a wrong is incurable: because ‘justice’ (trial and sentence) and punishment are so many remedies’. On this doctrine of punishment, and the difference between κόλασις and τιμωρία, see above I 10. 17, and Introd. p. 232. Cf. Ar. Eth. Nic. II 2, 1104 b 16, μηνύουσι δὲ καὶ αἱ κολάσεις γινόμεναι διὰ τούτων: ἰατρεῖαι γάρ τινές εἰσιν, αἱ δὲ ἰατρεῖαι διὰ τῶν ἐναντίων πεφύκασι γίνεσθαι.

‘And if (in consequence of the wrong done) the sufferer and the victim of the wrong inflicted some heavy punishment on himself; for the perpetrator of the act deserves a still severer punishment (than that which he thus unintentionally brought upon his victim): as Sophocles, in pleading the cause of Euctemon—after he had killed himself in consequence of the outrage he had sustained—said that he would not lay the penalty at a less amount than the sufferer had estimated it at for himself’, i. e. Euctemon by his suicide had virtually fixed the penalty of the offence at death.

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