Natural equity

NATURAL EQUITY. That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness. 4 Bouv. Inst. n. 3720.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
"That," continued the cardinal, "arose not only from a feeling of natural equity, but likewise from a plan I have marked out with respect to you."
The habit of his mind is a reference to standards of natural equity and public advantage; and he inspires respect and the wish to deal with him, both for the quiet spirit of honor which attends him, and for the intellectual pastime which the spectacle of so much ability affords.
"Both new items are at the forefront of the growing naturals trend, and Senokot is the only national laxative brand that has a strong natural equity from which to leverage, making it the perfect master brand to introduce these innovations."
substantive elements (e.g., natural equity does not require an
equity here is still undetermined--is this a matter of natural equity,
positive international law and so one need not appeal to natural equity
harshly according to some external standard, like natural equity for
"When it is said in the books, that a statute contrary to natural equity and reason, or repugnant, or impossible to be performed, is void, the cases are understood to mean that the courts are to give the statute a reasonable construction."(1) So James Kent summarized centuries of English constitutional history in his magisterial Commentaries on American Law.
Sir Henry Hobart, Coke's successor at Common Pleas, echoed this judgment and declared that "an Act of Parliament, made against natural equity, as to make a man Judge in his own case, is void in it self, for jura naturae sunt immutabilia [the laws of nature are unchangeable], and they are leges legum [the laws of law]."(4) Years later Sir John Holt, Chief Justice of the Court of King's Bench, said: And what my Lord Coke says in Dr.
The rigor of inherited law was to be limited by a natural equity, adapting it to America's more generous situation.

Full browser ?