Welcome to Equity Jurisprudence

In a world seemingly so clouded by inversions, deceptions, obfuscations, and more has been a recent awareness of "Equity Jurisprudence", with this website being a tribute to, and sharing of, the ever-unfurling sojourn of under(-inner) standing and embodiment of Equity, where in its truest form, it offers a context where justice is not merely a system, but a living expression of morality and rightness in action.

“In its broadest and most general signification, this term denotes the spirit and the habit of a system of jurisprudence based on fairness, justness, and right dealing… It is the synonym of natural right or justice… grounded in the precepts of conscience.”

Equity Jurisprudence encapsulates the principles that govern the natural order of relationships between women and men, both in the private and public spheres. At its core, Equity restores fairness, dignity, truth, and honor, in alignment with the divine endowment of conscience, morality, grace, and self-authorship;

This website is dedicated to learning, unlearning, and embodying... a portal of sorts, where curiosity meets contemplation, where learning and knowledge mingle, and where conscience, honor and grace serve as the guiding lights for one's one's choices and acts of will;

Equity Maxims

Equity will not allow a wrong to be without a remedy.

One who seeks equity must do equity, and come with clean hands.

Article III, Section 2 of the Constitution for the United States of America (1787)

"The judicial Power shall extend to all Cases, in Law and Equity..."

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So what is it, exactly?

While the word "Equity" has come to be associated with various aspects in today's world, in this context it denotes a long-established and fundamental lawful jurisprudence — going back hundreds of years in England as the "Conscience of God" / the "Foundation of Justice" — embodying the spirit and the habit of fairness, justness, and right dealing which regulate the interactions of living women and men, always and forever present to assure the administration of justice.

"To live honestly, to harm nobody, to render to every wo/man their due."

Equity is a synonym of natural rights and justice. In this sense, its obligation is foremost ethical rather than jural, operating from a place of moral conscience and honor rather than strict legal mandates. As such, its discussion and application belong to the spheres of morals and honor, grounded in the precepts of the conscience, and not in any sanction of positive law — referring here to statutory, codified, legislatively enacted 'law' created by governments and enforced through courts in the public, legal, commercial, statutory, admiralty-maritime realms.

Equity as a jurisdiction denotes equal and impartial justice as between two or more living, sentient people whose rights or claims are 'in conflict' and where Truth, Justice, and Equity are ascertained by natural reason and ethical insight, where the object of Equity is to render the administration of justice more complete, "by affording relief where the common law is incompetent or simply not able to give it, or to give it with effect, or by exercising certain branches of jurisdiction independently of them" (Black's Law Dictionary).

Equity is guided — not by past precedents and legislation as with other jurisdictions — but by a body of 'Maxims' existing by the side of, and independent of, civil law, while able to supersede any and all in virtue of superior sanctities and a more complete justice inherent in equitable relief.

EQUITY JURISDICTION

A jurisdiction founded on conscience and natural justice with the power to hear certain kinds and classes of civil causes … and to decide them in accordance with the doctrines and rules of Equity Juris­prudence, which decision may involve the granting of equitable remedies.

– Black's Law Dictionary

History of Equity

Equity as a distinct branch of law is said to have emerged in the 14th and 15th centuries in England, largely due to the inherent limitations of common law. The common law system can be rigid and can not always address cases in a way that seem just or fair, especially in cases where legal rules were overly strict or didn’t fit the circumstances, as well as with trusts where common law is not able to recognize equitable title.

Equity developed (over hundreds of years) in response to this, offering remedies that common law couldn’t provide, such as injunctions, specific performance, and matters related to trusts. These remedies were based on the essence of fairness and acting in and with conscience, rather than on strict legal precedent or protocol.

With those arriving on the shores that would become "The United States of America", came both "Law and Equity" (Article III, Section 2 of the Constitution), and while the Federal Rules of Civil Procedure combined law and equity into a single type of suit (the civil action) in the 1930's, does essence of Equity remains ever-present, akin a radio frequency, to be accessed and activated with honor and graciousness by those and clean hands and strong hearts?!

Natural Law

"This expression, 'natural law', was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of [wo]man...

"In ethics, it consists in practical universal judgments which [wo]man him[her]self elicits. These express necessary and obligatory rules of human conduct which have been established by the author of human nature as essential to the divine purposes in the universe and have been promulgated by God solely through human reason."

— Black's Law Dictionary

Natural Equity

"A term sometimes employed in works on jurisprudence... used as equivalent to justice, honesty, or morality in business relations, or man's innate sense of right dealing and fair play.

... the term 'natural equity' may be understood to denote, in a general way, that which strikes the ordinary conscience and sense of justice as being fair, right, and equitable, in advance of the question whether the technical jurisprudence of the chancery courts would so regard it."

— Black's Law Dictionary