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The whole concept of equity at law is contrary to what you described. In legal systems descended from English tradition, fairness trumps codified or common law.
by nihonde 7y ago
The whole concept of equity at law is contrary to what you described. In legal systems descended from English tradition, fairness trumps codified or common law.
- EdwardDiego 7y agoIndeed, in NZ a judge will occasionally say "imposing the sentence required by law would be manifestly unjust" and the politicians get annoyed their new three strikes law isn't being used. http://r139.publications.lawcom.govt.nz/Chapter+11+-+Sentencing+for+homicide/The+three+strikes+provisions http://r139.publications.lawcom.govt.nz/Chapter+11+-+Sentenc...
- roenxi 7y agoOk, sure - but I suspect fairness in that sense means 'make sure this person isn't being treated (by the legal system) differently from someone else due to a technicality'. Based on the phrasing, I suspect jessaustin was taking more of a 'justice for these bankrupt immigrants at the expense of Subway and their execs'. The judge would have looked at the bankrupt immigrants, seen people who deserved justice, then looked at Subway and its execs and seen another group of people who deserve justice and then made a decision most consistent with how such cases are handled. Being deserving in the sense used in this thread isn't enough to overrule the basic priority of same situation -> same outcome in common law. And that is a principle that is worth defending, even in the passion of the moment when it causes outcomes that are unsatisfying.
- buckminster 7y agoCourts of Equity are a thing. Their goal is fairness. https://en.m.wikipedia.org/wiki/Court_of_equity https://en.m.wikipedia.org/wiki/Court_of_equity
- nihonde 7y agoIt’s more along the lines of a discretionary override when strict application of the law would offend the judge’s interpretation of fairness. It used to be the King’s privilege, and later became a judicial power.