Section 9 Equity Jurisprudence Is Not the Same Thing as Natural Equity or Moral Equity

• Library: Remedies 2006

Equity jurisprudence has a “restrained and qualified meaning.” Joseph Story, Commentaries on Equity Jurisprudence ch. 1, § 25 (English ed. 1884). It is not the same as “the unchangeable system of moral principles to which the law does or should conform” “to promote justice and right in the relations of mankind, or between the litigant parties” in a suit, 1 John Norton Pomeroy, Equity Jurisprudence § 45 (5^th ed. 1941), or the “special function or authority of the courts to dispense with fixed legal rules...