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Equity is a roguish thing. For Law we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'T is all one as if they should make the standard for the measure we call a 'foot' a Chancellor's foot; what an uncertain measure would this be! One Chancellor has a long foot, another a short foot, a third an indifferent foot. 'T is the same thing in the Chancellor's conscience.

John Selden#6

JudgmentConsistencyJudiciaryJusticeLaw

About this quote

What does it mean?
Equity in law lacks a fixed standard and varies with the personal conscience of the judge.
In plain terms
Judicial fairness changes depending on the judge's personal sense of right and wrong.
What can you take from it?
Fixed rules are more reliable than personal judgment for consistent outcomes.

Where it applies

  • legal disputes
  • judicial review
  • policy making

Putting it to work

  • advocate for clear statutes
  • review judicial discretion

Questions to consider

  • How much discretion should judges have?
  • Can fairness exist without standards?

Another view

Some situations require flexible judgment that rigid laws cannot provide.

More from John Selden

  1. Commonly we say a judgement falls upon a man for something in him we cannot abide.

    Permalink to quote #5
  2. Ignorance of the law excuses no man; not that all men know the law, but because 'tis an excuse every man will plead, and no man can tell how to refute him.

    Permalink to quote #7
  3. 'Tis not the drinking that is to be blamed, but the excess.

    Permalink to quote #4

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