 Aristotle’s constitutional theory is based on his theory of justice, which is expounded in Nicomachean Ethics book V. Aristotle distinguishes two different but related senses of “justice” — universal and particular — both of which play an important role in his constitutional theory. Firstly, in the universal sense “justice” means “lawfulness” and is concerned with the common advantage and happiness of the political community (NE V.1.1129b11–19, cf. Pol. III.12.1282b16–17). The conception of universal justice undergirds the distinction between correct (just) and deviant (unjust) constitutions. But what exactly the “common advantage” (koinê sumpheron) entails is a matter of scholarly controversy. Some passages imply that justice involves the advantage of all the citizens; for example, every citizen of the best constitution has a just claim to private property and to an education (Pol. VII.9.1329a23–4, 13.1332a32–8). But Aristotle also allows that it might be “in a way” just to ostracize powerful citizens even when they have not been convicted of any crimes (III.13.1284b15–20). Whether Aristotle understands the common advantage as safeguarding the interests of each and every citizen has a bearing on whether and to what extent he anticipates what moderns would understand as a theory of individual rights. (See Fred Miller and Richard Kraut for differing interpretations.)