The Parted Oceans―Law and Equity

摘要

There is an old expression that hard cases make bad law. The reference is to a split in the legal system that has existed for a thousand years. What if one side in a legal battle has all the law on his side, but the equities go the other way? This challenge has, and still does, confront judges and juries. American law originated in England. The early English civil law system was complex and strict to the extent that grave injustices were allowed. In desperation, complainants petitioned the chancellor, who was basically the king's business advisor, a CEO. The chancellor took it upon himself to intercede where the law courts, by law, could not.