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NeCede's

Maxim 8.1.27

A judge ought always to regard equity.

Judex aequitatem semper spectare debet.

Source: Jenk. Cent. 45; Jackson; Weisman, 63s Difficulty 2/5 — Approachable

Explanation

A judge must look beyond the bare letter of the law to the equitable substance of the case — rigid literalism that produces injustice is a failure of the judicial office.

Where this applies

  • The strict letter of the law leads to an unjust result — the judge should look at equity.
  • A court that ignores fairness in favor of rigid rules fails the people it serves.

Topics

Legal domains

Cite this maxim

NeCede Max. 8.1.27 — A judge ought always to regard equity. — Jenk. Cent. 45; Jackson; Weisman, 63s (Judex aequitatem semper spectare debet.)

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