Book 1
13.13
For that which is equitable seems to be just, and equity is justice that goes beyond the written law. These omissions are sometimes involuntary, sometimes voluntary, on the part of the legislators; involuntary when it may have escaped their notice, voluntary when, being unable to define for all cases, they are obliged to make a universal statement, which is not applicable to all, but only to most, cases; and whenever it is difficult to give a definition owing to the infinite number of cases,Inexperience (Jebb). as, for instance, the size and kind of an iron instrument used in wounding; for life would not be long enough to reckon all the possibilities.
13.14
If then no exact definition is possible, but legislation is necessary, one must have recourse to general terms; so that, if a man wearing a ring lifts up his hand to strike or actually strikes, according to the written law he is guilty of wrongdoing, but in reality he is not; and this is a case for equity.
13.15
If then our definition of equity is correct, it is easy to see what things and persons are equitable or not.
13.16
Actions which should be leniently treated are cases for equity; errors, wrong acts, and misfortunes, must not be thought deserving of the same penalty. Misfortunes are all such things as are unexpected and not vicious; errors are not unexpected, but are not vicious; wrong acts are such as might be expected and vicious, for acts committed through desire arise from vice.
13.17
And it is equitable to pardon human weaknesses, and to look, not to the law but to the legislator; not to the letter of the law but to the intention of the legislator; not to the action itself, but to the moral purpose;
