§1.14.1ἀδίκημα δὲ μεῖζον, ὅσῳ ἂν ἀπὸ μείζονος ᾖ ἀδικίας· διὸ τὰ ἐλάχιστα μέγιστα, οἷον ὃ Μελανώπου Καλλίστρατος κατηγόρει, ὅτι παρελογίσατο τρία ἡμιωβέλια ἱερὰ τοὺς ναοποιούς· ἐπὶ δικαιοσύνης δὲ τοὐναντίον.
An unjust act is greater in proportion to the greatness of the injustice from which it proceeds; for this reason, the smallest things are the greatest, as in the accusation made by Callistratus, the son of Melanopus, that Melanopus had defrauded the temple-builders of three sacred half-obols; but in the case of justice, the opposite holds.
ἔστιν δὲ ταῦτα ἐκ τοῦ ἐνυπάρχειν τῇ δυνάμει· ὁ γὰρ τρία ἡμιωβέλια ἱερὰ κλέψας κἂν ὁτιοῦν ἀδικήσειεν.
This is because the acts are present potentially; for he who has stolen three sacred half-obols would commit any injustice whatsoever.
ὁτὲ μὲν δὴ οὕτω τὸ μεῖζον, ὁτὲ δʼ ἐκ τοῦ βλάβους κρίνεται.
Sometimes, indeed, the greater is judged in this way, and at other times by the extent of the damage.
§1.14.2καὶ οὗ μὴ ἔστιν ἴση τιμωρία, ἀλλὰ πᾶσα ἐλάττων.
Also, when there is no equal punishment for it, but every punishment is less.
καὶ οὗ μὴ ἔστιν ἴασις· χαλεπὸν γὰρ †καὶ ἀδύνατον†.
And when there is no cure; for it is difficult or impossible.
καὶ οὗ μὴ ἔστιν δίκην λαβεῖν τὸν παθόντα· ἀνίατον γάρ· ἡ γὰρ δίκη καὶ κόλασις καὶ ἴασις.
And when the victim cannot obtain justice; for it is incurable, since justice and punishment are the cure.
§1.14.3καὶ εἰ ὁ παθὼν καὶ ἀδικηθεὶς αὐτὸς αὑτὸν μεγάλως ἐκόλασεν· ἔτι γὰρ μείζονι ὁ ποιήσας δίκαιος κολασθῆναι, οἷον Σοφοκλῆς ὑπὲρ Εὐκτήμονος συνηγορῶν, ἐπεὶ ἀπέσφαξεν ἑαυτὸν ὑβρισθείς, οὐ τιμήσειν ἔφη ἐλάττονος ἢ ὁ παθὼν ἑαυτῷ ἐτίμησεν.
And if the victim who has suffered the injustice has severely punished himself; for the perpetrator deserves to be punished with a still greater penalty, as Sophocles said when advocating on behalf of Euctemon, who had slit his own throat after being insulted, that he would not assess the penalty at less than what the victim had assessed for himself.
§1.14.4καὶ ὃ μόνος ἢ πρῶτος ἢ μετʼ ὀλίγων πεποίηκεν.
And what a person has done alone, or first, or with few others.
καὶ τὸ πολλάκις τὸ αὐτὸ ἁμαρτάνειν.
And to commit the same error repeatedly.
καὶ διʼ ὃ ἂν ζητηθῇ καὶ εὑρεθῇ τὰ κωλύοντα καὶ ζημιοῦντα, οἷον ἐν Ἄργει ζημιοῦται διʼ ὃν ἂν νόμος τεθῇ καὶ διʼ οὓς τὸ δεσμωτήριον ᾠκοδομήθη.
And that because of which preventive and punishing measures have been sought and found, as in Argos, where a person is punished because of whom a law was enacted, or because of whom the prison was built.
§1.14.5καὶ τὸ θηριωδέστερον ἀδίκημα μεῖζον.
And the more brutal unjust act is greater.
καὶ ὃ ἐκ προνοίας μᾶλλον.
And that which is more premeditated.
καὶ ὃ οἱ ἀκούοντες φοβοῦνται μᾶλλον ἢ ἐλεοῦσιν.
And that which those who hear of it fear rather than pity.
καὶ τὰ μὲν ῥητορικά ἐστι τοιαῦτα, ὅτι πολλὰ ἀνῄρηκεν ἢ ὑπερβέβηκεν, οἷον ὅρκους, δεξιάς, πίστεις, ἐπιγαμίας· πολλῶν γὰρ ἀδικημάτων ὑπεροχή.
And rhetorical arguments are of this kind: that he has abolished or transgressed many things, such as oaths, handshakes, pledges, and rights of intermarriage; for this is an excess of many injustices.
§1.14.6καὶ τὸ ἐνταῦθα οὗ κολάζονται οἱ ἀδικοῦντες, ὅπερ ποιοῦσιν οἱ ψευδομαρτυροῦντες· ποῦ γὰρ οὐκ ἂν ἀδικήσαιεν, εἴ γε καὶ ἐν τῷ δικαστηρίῳ;
And to commit injustice in the very place where wrongdoers are punished, which is what false witnesses do; for where would they not commit injustice, if indeed they do so even in court?
καὶ ἐφʼ οἷς αἰσχύνη μάλιστα.
And in matters which cause the greatest shame.
καὶ εἰ τοῦτον ὑφʼ οὗ εὖ πέπονθεν· πλείω γὰρ ἀδικεῖ, ὅτι τε κακῶς ποιεῖ καὶ ὅτι οὐκ εὖ.
And if one wrongs the person from whom he has received benefits; for he commits more injustice, both because he does harm and because he does not return good.
§1.14.7καὶ ὃ παρὰ τὰ ἄγραφα δίκαια· ἀμείνονος γὰρ μὴ διʼ ἀνάγκην δίκαιον εἶναι· τὰ μὲν οὖν γεγραμμένα ἐξ ἀνάγκης, τὰ δʼ ἄγραφα οὔ.
And that which is contrary to the unwritten laws of justice; for it is better to be just not from necessity; now written laws are from necessity, but unwritten laws are not.
ἄλλον δὲ τρόπον, εἰ παρὰ τὰ γεγραμμένα· ὁ γὰρ τὰ φοβερὰ ἀδικῶν καὶ τὰ ἐπιζήμια καὶ τὰ ἀζήμια ἀδικήσειεν ἄν.
But from another point of view, if it is contrary to the written laws; for he who commits injustice in things that are fearsome and punishable would also commit injustice in things that are free from punishment.
περὶ μὲν οὖν ἀδικήματος μείζονος καὶ ἐλάττονος εἴρηται.
Concerning the greater and lesser unjust act, then, let this be what has been said.