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Thursday, April 21, 2011

quote from a lawyer today on a listserve about fairness and Justice

reprinted with his permission, and btw it is 100% correct in my opinion and at the heart of the problem
I thought the same thing......  As some of you that work with me know, I am ALWAYS arguing EQUITY- substance over form- having adopted Justice Potter's holding that "Fairness is what Justice really is".  The "Equity shall suffer no wrong" is intentionally avoided daily with the excuse that the law precludes doing the right thing at times: seen it happen a thousand times....the truth is, Equity supplants the law as necessary to insure justice.  I finally convinced a State Supreme Court Judge of this after years of arguing....his surrender was attached with an opinion that far too many times, Judges would rather take the easy way by blindly applying law (my hands are tied) instead of making a extensive finding as to why the law would not apply because the result would be simply unfair, thus inequitable.

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