Equity

“ The same idea may be differently presented in this manner.—It is equity, that every individual should sustain just as just as much of the common burden of life as has to be sustained by anybody on his account. Such would be the result if each produced for himself all that he consumed, as in the first case supposed above; and the fact that it is found convenient to exchange labour and the products of labour, does not vary the definition of equity in the least. ”

“ While workmen think themselves justified in combining to sell their labor only on certain terms, but think masters not justified in combining to buy only on certain terms, they show a conception of equity not high enough to make practicable a form of coöperation requiring that each shall recognize the claims of others as fully as his own. ”

“ All true charity, even equity, requires that the object of distribution of wealth shall be the greater efficiency [pg 054] of each individual. If there shall ever be a community of individuals gaining equal enjoyment, it will be made up of those possessing essential equality in personal powers and attainments, and in accumulated capital as well. ”

“ He starts with the proposition—"That the essential element of beneficent commerce is Equity, or that which is just and equal between man and man." He then proceeds:—"The fundamental inquiry, therefore, upon the answer to which alone a science of commerce can be erected, is the true measure of equity, or, what is the same thing, the measure of price in the exchange of labour and commodities. ”

“ Nature has two parts to perform, to defend itself, and to indicate right. But the agreements which establish equity are of a threefold character: one part is that which rests on laws; one depends on convenience; the third is founded on and established by antiquity of custom. And again, equity itself is said to be of a threefold nature: one division of it having reference to the gods above ”

“ Between these two principles, so similar that the difference in the statement would hardly attract a moment's attention unless it were specially insisted upon, lies the essential difference between the present most unsatisfactory condition of society, and the reign of equity, the just remuneration of labour, and the independence and elevation of all mankind. ”

“ Equity literally means equalness; and if it be admitted that there were even the vaguest ideas of equity in these primitive eras, it must be admitted that there was some appreciation of the equalness of men's liberties to pursue the objects of life—some appreciation, therefore, of the essential principle of national equilibrium. ”

“ The maxim 'he who seeks equity must do equity' presupposes that equitable, as distinguished from legal, rights, substantive or remedial, have arisen from the subject-matter in favor of each of the parties ”

“ The social economic system must conform to the principles of equity with the special object of guaranteeing an honourable livelihood to all. Within these limits economic freedom shall be secured to each individual. ”

“ Giving to each his due, -'tis man's one highest gain.
That equity which consists in acting with equal regard to each of (the three) divisions of men [enemies, strangers and friends] is a pre-eminent virtue. ”

“ But the common law has been enlarged and enriched under the principles and maxims of equity, which are constantly applied at the present day in this country, and even in England, for the relief of grantees, the protection of mortgagors, and the benefit of purchasers, by a wise adaptation of ancient forms to the more liberal spirit of modern times. ”

“ Immense and continued impulsions pushing together govern human facts, and lead them all within a given time to the logical state, that is to say, to equilibrium, or in other words, to equity."
The writer of this article has in her possession the most convincing evidence of these immense and continued forces that are driving onward to that logical state, a completely rounded civilization, grounded on equity. ”

“ It appears to be, in a particular manner, the object of sumptuary laws, and of the equal division of wealth, to prevent the gratification of vanity, to check the ostentation of superior fortune, and, by this means, to weaken the desire of riches, and to preserve, in the breast of the citizen, that moderation and equity which ought to regulate his conduct. ”

“ The qualities of mercy and practicality have made equity the instrument for nice adjustment and reconciliation between the public interest and private needs as well as between competing private claims. ”

“ In all these cases justice and equity require that men should first of all set themselves seriously to provide for the souls of those whom they have collected around them, and who are the sources of their wealth. ”

“ It is one deducible from that first principle of equity which, as above pointed out, follows from the laws of life, individual and social; and it is one which the accumulated experience of mankind has so uniformly justified, that it has become a tacitly-recognized doctrine of civil law among all nations. ”

“ And the form of coöperation distinctive of the industrial state which thus arises fosters the feelings and thoughts appropriate to popular power. In daily usage there is a balancing of claims; and the conception of equity is, generation after generation, made clearer. The relations between employer and employed, and between buyer and seller, can be maintained only on condition that the obligations on either side are fulfilled. Where they are not fulfilled the relation lapses, and leaves outstanding those relations in which they are fulfilled. ”

“ If we could measure the general average of repugnance, that is, if we could determine how people generally regard the different kinds of labour as to their agreeableness or disagreeableness, still that would not insure equity in the exchange between individuals, on account of those individualities of character and taste which have been adverted to. ”

“ We shall briefly examine each of these, beginning with Occupation.
The possession of all external goods is changeable and uncertain; which is one of the most considerable impediments to the establishment of society, and is the reason why, by universal agreement, express or tacite, men restrain themselves by what we now call the rules of justice and equity. ”

“ It is true that in some instances equity does what is called compelling specific performance. But, in the first place, I am speaking of the common law, and, in the next, this only means that equity compels the performance of certain elements of the total promise which are still capable of performance. For instance, take a promise to convey land within a certain time, a court of equity is not in the habit of interfering until the time has gone by, so that the promise cannot be performed as made. ”

“ Each has had some portion of the wealth produced, though the distribution may have taken place in different countries, under different laws and customs, through a period of months or years. This distribution involves the whole question of industrial freedom, and rests finally upon the principle of equity as applied to ownership of one's powers and the product of those powers. It also involves, to a certain extent, the decision of what is properly wealth and what is properly a part of universal welfare. ”

“ If men would rely on the mutual study of a spirit of equity, and enter more confidentially into the claims of each, what beautiful pictures, of repentant resignation to a just castigation, would be afforded, by certain of those who misunderstand the rights of property. ”

“ The part played by equity in the development of law is admirably illustrated in the well-known work of Sir Henry Maine on Ancient Law. Positive law, at least in progressive societies, is constantly tending to fall behind public opinion, and the expedients adopted for bringing it into harmony therewith are three, viz. legal fictions, equity and statutory legislation. ”

“ The question of equity or inequity in the distribution of wealth presumes the validity of ownership rights on some basis or other, or at least it presumes the validity of some basis on which the claims of ownership may be discussed. Ownership is the major premise of any argument as to the equity of distribution, and it is this major premise that is being forgotten by the classes among whom socialistic sentiment is gaining. ”

“ To accomplish these objects, the first and leading work of the Patrons of Equity shall be to educate the people into a more comprehensive understanding of business methods, that will enable them to minimize the use of money in their business relations with each other, by an organized effort to make the largest possible number of exchanges with the smallest possible amount of money. ”

“ It differs from Legal Fictions just as Equity differs from them, and it is also distinguished from Equity, as deriving its authority from an external body or person. Its obligatory force is independent of its principles. ”

“ And from this definition it must appear that there may he a two-fold deviation from equity, viz. giving more than is due, or less than is due; more good and less evil, or more evil and less good than is equitable. ”

“ But further, they have a distinct social and economic aim, namely, to correct the present inequalities of wealth, and substitute for the competitive system an industry controlled by all in the common interest, and distributing on principles of equity and reason, mutually agreed on, the wealth produced. ”

“ Equity remains, which is to give like for like, the same for the same, neither more nor less. But this equity, society, as at present constituted, cannot give. It is not in the nature of present-day society for men to give like for like, the same for the same. ”

“ The business transactions of this age are more complex, and the interests more important. Corporation controversies need to be adjusted by those who thoroughly understand the principles and practices of equity. ”

“ Instead of exacting profit from the producer and the consumer, conduct business for the purpose of establishing equitable relations between the producers and the consumers. When this is done the profit system will have been removed and equity will bring abundance to the household of every producer, and poverty will be abolished. ”

“ The precepts of the seventh class are the civil laws enumerated in the Section on Judgments, and part of the Section on Property. The object of these precepts is obvious. They define the ways of equity in the various transactions which must take place between man and man. Those that are engaged in such transactions must mutually promote each other’s interests; neither of the parties must strive to increase only his own profit, and that he alone should enjoy the whole benefit of the transaction. ”

“ If we were to assure these proprietors, for the term of the natural lives, a comfortable and tranquil life, it would suffice to make the indemnity meet all the requirements of the most rigorous equity. ”

“ The doctrine of equity, as respects the withholding of or granting relief against a contract because of inadequacy of consideration, illustrates the conservative disposition of equity not to interfere unnecessarily declines to grant relief because of inadequacy of price or any other inequality in the bargain ”

“ And equity protects a parol gift of land, equally with a parol agreement to sell it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable improvements on the property. ”

“ Now it is the law of nature, (by art. 15, chap. III) , that every man in distributing right to others, do carry himself equal to all. Wherefore rulers are, by the natural law, obliged to lay the burthens of the commonweal equally on their subjects.
It is natural equity, that monies be taxed according to what every man spends, not to what he possesseth. 11. Now in this place we understand an equality, not of money, but of burthen; that is to say, an 174equality of reason between the burthens and the benefits. ”

“ In your generous indignation you wish to have him out, and his pleasure-grounds divided up into small farms. But this is a kind of equity which may be as justly applied to any one who owns more of the earth than he knows how to use. ”

“ I have made every effort to obtain exact information, comparing doctrines, replying to objections, continually constructing equations and reductions from arguments, and weighing thousands of syllogisms in the scales of the most rigorous logic. In this laborious work, I have collected many interesting facts which I shall share with my friends and the public as soon as I have leisure. But I must say that I recognized at once that we had never understood the meaning of these words, so common and yet so sacred: Justice, equity, liberty; ”

“ Doubtless new classes of cases may by legislative action be directed to be tried in chancery, but they must, when tested by the general principles of equity, be of an equitable character, or based on some recognized ground of equity interposition. ”

“ It is a principle in chancery law that he who seeks equity must do equity. Similarly those who desire to ascend or progress must fulfil all the lower stages of growth and be free of what they owe before they can undertake the rendering of their due. ”

“ It is to be observed also, that though he has given us what should be the system of equity, yet it is not the one actually established, at least not in all its parts. The English Chancellors have gone on from one thing to another without any comprehensive or systematic view of the whole field of equity, and therefore they have sometimes run into inconsistencies and contradictions. ”