Equity

Equity is a certain perfect reason which interprets and amends the written law, comprehended in no writing, but consisting in right reason alone.

Aequitas est perfecta quaedam ratio, quae jus scriptum interpretatur et emendat; nulla scriptura comprehensa, sed sola ratione consistens.

Source: Co. Litt. 24b; Jackson 35; Weisman, 36j

Equity operates through reason to correct what the written law, by its generality, gets wrong in a particular case — it is the conscience of the law.

Equity is, as it were, equality.

Aequitas est quasi aequalitas.

Source: Co. Litt. 24; Bouvier, Inst. 3725; 1 Story, Eq. Jur. s. 64

The foundation of equity is equal treatment — it ensures that like cases are treated alike and that no party gains an unjust advantage through technicality.

Equity is the correction of the law where, by reason of its generality, it is deficient.

Aequitas est correctio legis generaliter latae, qua parte deficit.

Source: Plowden 375, 467; Jackson 34; Weisman, 36e

When a general rule produces an unjust result in a specific case, equity steps in to supply what the law omits — it does not destroy the rule but tempers its application.

Equity follows the law.

Aequitas sequitur legem.

Source: Talbot 52; Story, Eq. Jur. s. 64; Co. Litt. 24b; Broom, Max. 151; Weisman, 36r; Weisman, 95t

Equity does not override the law — it supplements it. A court of equity applies legal rules to equitable estates and respects the general policy of the law.

Equity does not make law, but assists law.

Aequitas non facit jus, sed juri auxiliatur.

Source: Lofft 379; Weisman, 36d

Equity is not a rival system of law — it is an auxiliary that fills gaps and prevents injustice where the strict letter of the law falls short.

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

A judge who mechanically applies the letter while ignoring the substance of justice has failed his office.

A judge ought always to regard equity.

Judex aequitatem semper spectare debet.

Source: Jenk. Cent. 45; Jackson; Weisman, 63s

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.