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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