Maxim 8.1.3
A good judge decides according to what is just and right, and prefers equity to strict law.
Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert.
Source: Co. Litt. 24; Jenk. Cent. 45, case 85; Broom, Max. 77; Weisman, 63c
Difficulty 2/5 — Approachable
Explanation
A judge who mechanically applies the letter while ignoring the substance of justice has failed his office.
Where this applies
- A judge applied the letter of the law strictly even though the result was clearly unjust.
- The court refused to consider fairness because the statute technically supported the other side.
Legal domains
See also
Cite this maxim
NeCede Max. 8.1.3 — A good judge decides according to what is just and right, and prefers equity to strict law. — Co. Litt. 24; Jenk. Cent. 45, case 85; Broom, Max. 77; Weisman, 63c (Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert.)
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