Book V chapter 10

Our next subject is equity¹ and the equitable² (to epiekes), and their respective relations to justice and the just. For on examination they appear to be neither absolutely the same nor generically³ different; and while we sometime praise what is equitable and the equitable man (so that we apply the name by way of praise even to instances of the other virtues⁴, instead of ‘good’ meaning by epieikestebon that a thing is better), at other times, when we reason it out, it seems strange if the equitable, being something different from the just, is yet praiseworthy; for either the just or the equitable is not good, if they are different; or, if both are good, they are the same.

These, then, are pretty much the considerations that give rise to the problem about the equitable; they are all in a sense correct and not opposed to one another; for the equitable, though it is better than one kind of justice, yet is just, and it is not as being a different class of thing that it is better than the just. The same thing, then, is just and equitable, and while both are good the equitable is superior. What creates the problem is that the equitable is just, but not the legally just but a correction of legal justice. The reason is that all law is universal but about some things it is not possible to make a universal statement which shall be correct. In those cases, then, in which it is necessary to speak universally, but not possible to do so correctly, the law takes the usual case, though it is not ignorant of the possibility of error. And it is none the less correct; for the error is in the law nor in the legislator but in the nature of the thing, since the matter of practical affairs is of this kind from the start. When the law speaks universally, then, and a case arises on it which is not covered by the universal statement, then it is right, where the legislator fails us and has erred⁵ by oversimplicity, to correct the omission-to say what the legislator himself would have said had he been present, and would have put into his law if he had known. Hence the equitable is just, and better than one kind of justice-not better than absolute justice but better than the error that arises from the absoluteness of the statement. And this is the nature of the equitable, a correction of law where it is defective⁶ owing to its universality. In fact this is the reason why all things are not determined⁷ by law, that about some things it is impossible to lay down a law, so that a decree is needed. For when the thing is indefinite the rule also is indefinite, like the leaden rule used in making the Lesbian moulding; the rule adapts itself to the shape of the stone and is not rigid⁸, and so too the decree is adapted to the facts.

It is plain, then, what the equitable is, and that it is just and is better than one kind of justice. It is evident also from this who the equitable man is; the man who chooses and does such acts, and is no stickler⁹ for his rights in a bad sense but tends to take less than his share though he has the law oft his side, is equitable, and this state of character is equity, which is a sort of justice and not a different state of character.

1 equity   

n.公正，公平，（无固定利息的）股票

参考例句：

• They shared the work of the house with equity.他们公平地分担家务。
• To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

2 equitable   

adj.公平的；公正的

参考例句：

• This is an equitable solution to the dispute. 这是对该项争议的公正解决。
• Paying a person what he has earned is equitable. 酬其应得,乃公平之事。

3 generically   

adv.一般地

参考例句：

• The so-called critics are generically mentioned, but not individually mentioned. 当所谓的批评提及时总是一笔带过，从不指名道姓。 来自互联网
• We market these drugs generically. 我们推广的这些药是未经注册的。 来自互联网

4 virtues   

美德( virtue的名词复数 )； 德行； 优点； 长处

参考例句：

• Doctors often extol the virtues of eating less fat. 医生常常宣扬少吃脂肪的好处。
• She delivered a homily on the virtues of family life. 她进行了一场家庭生活美德方面的说教。

5 erred   

犯错误，做错事( err的过去式和过去分词 )

参考例句：

• He erred in his judgement. 他判断错了。
• We will work on those who have erred and help them do right. 我们将对犯了错误的人做工作，并帮助他们改正。

6 defective   

adj.有毛病的，有问题的，有瑕疵的

参考例句：

• The firm had received bad publicity over a defective product. 该公司因为一件次品而受到媒体攻击。
• If the goods prove defective, the customer has the right to compensation. 如果货品证明有缺陷， 顾客有权索赔。

7 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

8 rigid   

adj.严格的，死板的；刚硬的，僵硬的

参考例句：

• She became as rigid as adamant.她变得如顽石般的固执。
• The examination was so rigid that nearly all aspirants were ruled out.考试很严，几乎所有的考生都被淘汰了。

9 stickler   

n.坚持细节之人

参考例句：

• She's a real stickler for etiquette,so you'd better ask her advice.她非常讲求礼节，所以你最好问她的意见。
• You will find Mrs. Carboy a stickler about trifles.您会发现卡博太太是个拘泥小节的人。