It is my observation that trained lawyers don't get equity, nor can they see that the equitable jurisdiction is the source that the legal jurisdiction is derived from, in the same way that fiat money can only exist if it has equitable substance backing it. This is evident as His Honour never mentioned the maxims of equity. A Chancellor does not have discretion in a matter put before him/her, but must interpret the evidence in strict concordance with the maxims which are the principle of the law. John Bouvier Inst. Am. Law 1882; "Law is nothing without equity, and equity is everything, even without law. Those who perceive what is just and what is unjust only through the eyes of the law, never see it as well as those who behold it with the eyes of equity. Law may be looked upon, in some manner, as an assistant for those who have a weak perception of right and wrong, in the same way that optical glasses, are useful for those that are short sighted, or those whose visual organs are deficient. Equity, in its true and genuine meaning, is the soul and spirit of the law; positive law is construed, and rational law is made by it." [Equity is the foundation of all law]
I would love to see a list of "case law" on the subject of unconsionability...Bueller?
It is my observation that trained lawyers don't get equity, nor can they see that the equitable jurisdiction is the source that the legal jurisdiction is derived from, in the same way that fiat money can only exist if it has equitable substance backing it.
This is evident as His Honour never mentioned the maxims of equity.
A Chancellor does not have discretion in a matter put before him/her, but must interpret the evidence in strict concordance with the maxims which are the principle of the law.
John Bouvier Inst. Am. Law 1882;
"Law is nothing without equity, and equity is everything, even without law. Those who perceive what is just and what is unjust only through the eyes of the law, never see it as well as those who behold it with the eyes of equity.
Law may be looked upon, in some manner, as an assistant for those who have a weak perception of right and wrong, in the same way that optical glasses, are useful for those that are short sighted, or those whose visual organs are deficient.
Equity, in its true and genuine meaning, is the soul and spirit of the law; positive law is construed, and rational law is made by it." [Equity is the foundation of all law]
Very nice..Thank you.
20:51; when he acknowledged the work of academics and explained their role: #My heart got excited!!!!
When will Anne Ferguson and Chris Maxwell resign?