"For every wrong there is a remedy"
In Latin, "Ubi jus ibi remedium" ("where there is a right, there must be a remedy"). It's a maxim of law >> Equity will not suffer a wrong to be without a remedy.
"The maxims of equity evolved in Latin, and eventually translated into English, as the principles applied by courts of equity in deciding cases before them."
"Equity is commonly said to "mitigate the rigor of common law", allowing courts to use their discretion and apply justice in accordance with natural law."
"Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature -- both social and personal -- and deduce binding rules of moral behavior."
The Aristotelian approach to practical reasoning is based on the notion of a virtue, and generally avoids the separation of 'moral' considerations from other practical considerations.
Morality thus came out of the very idea (the essence) of civilization itself. Aristotle tutored Alexander the Great, who used these principles, morality, ethics, logic, to create law -- EQUITY -- and a civilization we call "Western Civilization". The civilization Alexander (and his wise men) created was the basis of the empires of Greece and Rome, which Europe and English are derived from, and which the American Republic was built on.
Laws are there to assure that those without morality are punished, wrongs are set right, so society/civilization can prosper.
Wednesday, July 11, 2012
Equity
Posted by Postmodernism at 6:45 PM
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