Description
legal expression of the particularized and the ephemeral. Equity softens the law, makes it more “human,” less austeere more sensible. Equity is not the same as common sense, but the two are close cousins. Each is rooted in the everyday, the practicalities of the matter. Each suffers mightily when matters of high principle or rules of general applicattio are invoked too severely. This is a nice little dialectic, law vs. equity, legal learning vs. common sense, but it hardly seems to exhaust the...

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