Changes

==Etymology==

==Etymology==

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] equite, from Anglo-French equité,  from [[Latin]] aequitat-, aequitas, from aequus equal, fair

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] equite, from Anglo-French equité,  from [[Latin]] aequitat-, aequitas, from aequus equal, fair

*Date: [http://www.wikipedia.org/wiki/14th_Century 14th century]

*Date: [https://www.wikipedia.org/wiki/14th_Century 14th century]

==Definitions==

==Definitions==

*1 a : [[justice]] according to [[natural law]] or right; specifically : [[freedom]] from bias or favoritism  

*1 a : [[justice]] according to [[natural law]] or right; specifically : [[freedom]] from bias or favoritism  

==Description==

==Description==

'''Equity''' is the [[name]] given to the set of legal principles, in [[jurisdictions]] following the [[English]]  [http://en.wikipedia.org/wiki/Common_law common law] [[tradition]], which supplement strict rules of law where their application would operate harshly. In civil legal systems, broad "general clause" allow [[judges]] to have similar leeway in applying the code.

'''Equity''' is the [[name]] given to the set of legal principles, in [[jurisdictions]] following the [[English]]  [https://en.wikipedia.org/wiki/Common_law common law] [[tradition]], which supplement strict rules of law where their application would operate harshly. In civil legal systems, broad "general clause" allow [[judges]] to have similar leeway in applying the code.

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]]. In [[practice]], modern equity is limited by substantive and procedural rules, and English and Australian legal [[writers]] tend to [[focus]] on [[technical]] aspects of equity. There are 12 "vague [[ethical]] [[statements]]" which [[guide]] the [[application]] of equity, and an additional five can be added.

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]]. In [[practice]], modern equity is limited by substantive and procedural rules, and English and Australian legal [[writers]] tend to [[focus]] on [[technical]] aspects of equity. There are 12 "vague [[ethical]] [[statements]]" which [[guide]] the [[application]] of equity, and an additional five can be added.

A historical [[criticism]] of equity as it developed was that it had no fixed rules of its own, with the [http://en.wikipedia.org/wiki/Lord_Chancellor Lord Chancellor] from time to time [[judging]] in the main according to his own [[conscience]]. As time went on the rules of equity did lose much of their [[flexibility]], and from the 17th century onwards equity was rapidly consolidated into a [[system]] of precedents much like its common-law cousin.

A historical [[criticism]] of equity as it developed was that it had no fixed rules of its own, with the [https://en.wikipedia.org/wiki/Lord_Chancellor Lord Chancellor] from time to time [[judging]] in the main according to his own [[conscience]]. As time went on the rules of equity did lose much of their [[flexibility]], and from the 17th century onwards equity was rapidly consolidated into a [[system]] of precedents much like its common-law cousin.

[http://en.wikipedia.org/wiki/Charles_Dickens Charles Dickens]' [http://en.wikipedia.org/wiki/Bleak_House Bleak House] parodied the excessive [[time]] and expense [[associated]] with the Court of Chancery, the court that heard suits in equity in 19th-century England.

[https://en.wikipedia.org/wiki/Charles_Dickens Charles Dickens]' [https://en.wikipedia.org/wiki/Bleak_House Bleak House] parodied the excessive [[time]] and expense [[associated]] with the Court of Chancery, the court that heard suits in equity in 19th-century England.

*History

*History

The distinction between "[[law]]" and "equity" is an [[accident]] of [[history]]. The "law courts" or "courts of law" were the courts in England that enforced the king's laws in medieval times. Here the King's Judges, [[educated]] in [[law]] rather than [[theology]], administered the [[universal]] [[law]] of the realm. This [[body]] of law evolved on the basis of previously set precedent into what is recognised as the Common law of England. However, if [[changes]] were not quick enough, or if [[decisions]] by the [[judges]] were regarded as unfair, litigants could still appeal directly to the King, who, as the [[sovereign]], was seen as the 'fount of [[justice]]' and [[responsible]] for the just treatment of his subjects. Such filings were usually phrased in terms of throwing oneself upon the king's [[mercy]] or conscience. [[Eventually]], the king began to regularly [[delegate]] the [[function]] of resolving such petitions to the [http://en.wikipedia.org/wiki/Lord_Chancellor Chancellor],  an important member of the King's Council. The early Chancellors were often Catholic clergymen or nobles, acting as the King's [http://en.wikipedia.org/wiki/Confessor confessor] and thereby [[literally]] as keeper of the King's conscience. As a result of their [[theological]] and clerical [[training]], Chancellors were well versed in [[Latin]] and French [[languages]] as well as in [[Roman]] civil and canon law, which heavily [[influenced]] equity. Soon the Chancery, the Crown's secretarial department, began to resemble a judicial body and became known as the "Court of Chancery".

The distinction between "[[law]]" and "equity" is an [[accident]] of [[history]]. The "law courts" or "courts of law" were the courts in England that enforced the king's laws in medieval times. Here the King's Judges, [[educated]] in [[law]] rather than [[theology]], administered the [[universal]] [[law]] of the realm. This [[body]] of law evolved on the basis of previously set precedent into what is recognised as the Common law of England. However, if [[changes]] were not quick enough, or if [[decisions]] by the [[judges]] were regarded as unfair, litigants could still appeal directly to the King, who, as the [[sovereign]], was seen as the 'fount of [[justice]]' and [[responsible]] for the just treatment of his subjects. Such filings were usually phrased in terms of throwing oneself upon the king's [[mercy]] or conscience. [[Eventually]], the king began to regularly [[delegate]] the [[function]] of resolving such petitions to the [https://en.wikipedia.org/wiki/Lord_Chancellor Chancellor],  an important member of the King's Council. The early Chancellors were often Catholic clergymen or nobles, acting as the King's [https://en.wikipedia.org/wiki/Confessor confessor] and thereby [[literally]] as keeper of the King's conscience. As a result of their [[theological]] and clerical [[training]], Chancellors were well versed in [[Latin]] and French [[languages]] as well as in [[Roman]] civil and canon law, which heavily [[influenced]] equity. Soon the Chancery, the Crown's secretarial department, began to resemble a judicial body and became known as the "Court of Chancery".

By the 15th century, the judicial power of the Chancery was recognized. Equity, as a [[body]] of rules, varied from Chancellor to Chancellor, until the end of the 16th century. After the end of the 17th century, only lawyers were appointed to the office of Chancellor.

By the 15th century, the judicial power of the Chancery was recognized. Equity, as a [[body]] of rules, varied from Chancellor to Chancellor, until the end of the 16th century. After the end of the 17th century, only lawyers were appointed to the office of Chancellor.

One area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role which the rigid framework of [http://en.wikipedia.org/wiki/Land_law land law] could not accommodate. This role gave rise to the basic distinction between legal and equitable interests.[http://en.wikipedia.org/wiki/Equity_%28law%29]

One area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role which the rigid framework of [https://en.wikipedia.org/wiki/Land_law land law] could not accommodate. This role gave rise to the basic distinction between legal and equitable interests.[https://en.wikipedia.org/wiki/Equity_%28law%29]

[[Category: Law]]

[[Category: Law]]