These, then, are pretty much the considerations that give rise to
the problem about the equitable; they are all in a sense correct and
not opposed to one another; for the equitable, though it is better
than one kind of justice, yet is just, and it is not as being a
different class of thing that it is better than the just. The same
thing, then, is just and equitable, and while both are good the
equitable is superior. What creates the problem is that the
equitable is just, but not the legally just but a correction of
legal justice. The reason is that all law is universal but about
some things it is not possible to make a universal statement which
shall be correct. In those cases, then, in which it is necessary to
speak universally, but not possible to do so correctly, the law
takes the usual case, though it is not ignorant of the possibility
of error. And it is none the less correct; for the error is in the law
nor in the legislator but in the nature of the thing, since the matter
of practical affairs is of this kind from the start. When the law
speaks universally, then, and a case arises on it which is not covered
by the universal statement, then it is right, where the legislator
fails us and has erred by oversimplicity, to correct the omission-to
say what the legislator himself would have said had he been present,
and would have put into his law if he had known.
Pages:
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176