Welcome to Equity
In a world so seemingly clouded by inversions, deceptions, obfuscations, and more, equity exists as a beacon and sojourn of conscience, truth, honor and justice; In its truest form, equity offers a path back to balance and graciousness, where justice is not merely a system but a living expression of grace in action;
Equity encapsulates the principles that govern the natural order of relationships, both in the private and public spheres; from founding documents and Declarations, to tax codes and Amendments... equity restores fairness, dignity, truth, and honor, in alignment with the divine endowment of conscience, and self-authorship;
This site is dedicated to learning, unlearning, and embodying; A place where curiosity meets contemplation, where knowledge, beliefs, and heresay mingle, and where honor is the aspired cornerstone of every interaction as an expression of one's own navigation system, that is, the morality compass of one's own conscience;
Article III, Section 2 of the Constitution for the United States of America
"The judicial Power shall extend to all Cases, in Law and Equity..."
Equity Maxim
Equity will not allow a wrong to be without a remedy.
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What is Equity?
While the word "equity" has come to be associated with various things in today's world, in its broadest and most general and historical signification, equity denotes a lawful jurisprudence embodying the spirit and the habit of fairness, justness, and right dealing which regulate the interactions of living wo/men with wo/men — the notion of doing to others as we desire them to do to us;
"To live honestly, to harm nobody, to render to every wo/man their due"
Equity is therefore a synonym of natural rights and justice; In this sense, however, its obligation is ethical rather than jural, operating from a place of moral conscience and honor rather than strict legal mandates; As such, its discussion belongs to the spheres of morals and honor, grounded in the precepts of the conscience, and not in any sanction of positive law (referring here to statutory, codified, legislatively enacted 'law' created by governments and enforced through courts in the public, legal, commercial, statutory realms);
In a restricted sense, equity denotes equal and impartial justice as between two persons whose rights or claims are 'in conflict'; justice as ascertained by natural reason and or ethical insight; This is not a technical meaning of the term, except in so far as courts which administer equity seek to discover it by the agencies above mentioned, or apply it beyond the strict lines of positive law;
A system of jurisprudence collateral to, and in some respects independent of, "law", properly so called, the object of equity is to render the administration of justice more complete, by affording relief where the courts of law are incompetent or not able to give it, or to give it with effect, or by exercising certain branches of jurisdiction independently of them;
This is equity in its proper modern sense: a system of rules and process, administered in many cases by distinct tribunals (historically termed "courts of chancery”) and with exclusive jurisdiction over certain subjects; It is "still distinguished by its original and animating principle that no right should be without a remedy”, and its doctrines are founded upon the same basis of natural justice under natural law;
Equity is embodied through a body of 'maxims' (vs. the tens of millions of codes and statutes). existing by the side of original civil law, founded on these distinct principles, able to supersede civil law in virtue of superior sanctities inherent in those principles.
BLACK'S LAW DICTIONARY
EQUITY JURISPRUDENCE
"That portion of remedial justice administered by courts of equity. More generally speaking, the science which treats of the rules, principles, and maxims which govern the decisions of a court of equity, the cases and controversies which are considered proper subjects for its cognizance, and the nature and form of the remedies which it grants."
History of Equity
Equity as a distinct branch of law emerged in the 14th and 15th centuries in England, largely due to the limitations of common law. The common law system was rigid and could not always address cases in a way that seemed just or fair, especially in cases where legal rules were overly strict or didn’t fit the circumstances.
Equity developed in response to this, offering remedies that common law couldn’t provide, such as injunctions, specific performance, and trusts. These remedies were based on the idea of fairness, or acting in conscience, rather than on strict legal precedent
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With those that arrived on the shores that would become "The United States of America", came both "Law and Equity" (Article III, Section 2 of the Constitution), and while the Federal Rules of Civil Procedure combined law and equity into a single type of suit (the civil action), equity remains ever-present, like a radio frequency, to be accessed and activated with honor and clean hands!
Indeed, equity jurisprudence feels the guiding light of moral, sentient beings born free, in community, where it is up to said beings to activate and evoke that which is poised, in grace, for truth and honor.
Natural Equity
"A term sometimes employed in works on jurisprudence, possessing no very precise meaning, but used as equivalent to justice, honesty, or morality in business relations, or man's innate sense of right dealing and fair play.
Inasmuch as equity, as now administered, is a complex system of rules, doctrines, and precedents, and possesses, within the range of its own fixed principles, but little more elasticity than the law, the term “natural equity" may be understood to denote, in a general way, that which strikes the ordinary conscience and sense of justice as being fair, right, and equitable, in advance of the question whether the technical jurisprudence of the chancery courts would so regard it."
— Black's Law Dictionary [Sixth Edition]
