Equity and Equity Rules

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2008 by Anthony J. Fejfar

The philosopher Aristotle is credited for first writing about the concept of Equity.

Aristotle said that an equitable exception based upon need must be made when there is an

injustice at law. There is another reason for Equity. Philosopher Bernard Lonergan

argues that the world is to complex to be completely captured by rules. This applies in

the legal arena such that the world of common sense meaning is too complex for any law

maker, legislator or judge, to make a set of rules which will universally apply in every

situation. Rather than trying to come up with a regulatory regime with regulations all the

way down to how to brush your teeth in the morning, instead we have equitable

exceptions to general rules which deal with individual context. Now, in the past there

have been complaints that Equity is too subjective and therefore irrational and not good.

This is not true.

Now, all law is ideally suited to legislating for an ideal population of rational and

autonomous persons. However, it is apparent some persons do not readily fall into this

category. Thus, Equity favor certain classes of persons who have special needs: the

poor, the eldery, minors, the physically handicapped, ethnic and racial minorities, and

the physically and mentally ill.

The following are some Equity Rules:

1. Equity favors the one in need.

2. Equity favors the one with the greatest need.

3. Ordinarily, Equity will not intervene on behalf of the State.

4. Equity makes an Equitable Exception from Rules at Law based upon need.

5. Equity abhors an injustice at law.

6. Equity intervenes to prevent an injustice at law.

7. Equity intervenes when there is not adequate remedy at law.

8. Ordinarily, Equity follows the Law.

9. There is no adequate remedy at law when there is an injustice at law.