ARISTOTLE ON EQUITY, LAW, AND JUSTICE

@article{Beever2004ARISTOTLEOE,
  title={ARISTOTLE ON EQUITY, LAW, AND JUSTICE},
  author={Allan Beever},
  journal={Legal Theory},
  year={2004},
  volume={10},
  pages={33 - 50}
}
In a famous passage in his Ethics, Aristotle considers the nature of equity and its relation to justice.1 His conclusion seems to be that equity's role is to prevent the law from adhering too rigidly to its own rules and principles when those rules and principles produce injustice. Hence equity permits judges to depart from legal principle in order to promote justice. In this article, however, I argue that this conclusion is problematic as it is inconsistent with other claims Aristotle… Expand
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The metaphysics of morals
The Concept of Law in Aristotle's Politics, in 16 PROC
  • BOSTON AREA COLLOQUIUM ANCIENT PHIL
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Similar points have led some to conclude that Aristotle was a legal positivist; see, e.g., Hans Kelsen, Aristotle's Doctrine of Justice
  • WHAT IS JUSTICE? JUSTICE, LAW, AND POLITICS IN THE MIRROR OF SCIENCE: COLLECTED ESSAYS 110
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See supra note 59
    See supra, text accompanying notes
      The constitution, then, determines the content of distributive legal justice. 50. NICOMACHEAN ETHICS, supra note 3