But, without passing into the sphere of
ethics, there are two cases- known as the equivocal right of equity
and necessity- which claim a juridical decision, yet for which no
one can be found to give such a decision, and which, as regards
their relation to rights, belong, as it were, to the "Intermundia"
of Epicurus. These we must at the outset take apart from the special
exposition of the science of right, to which we are now about to
advance; and we may consider them now by way of supplement to these
introductory explanations, in order that their uncertain conditions
may not exert a disturbing influence on the fixed principles of the
proper doctrine of right.
F. Supplementary Remarks on Equivocal Right.
(Jus Aequivocum).
With every right, in the strict acceptation (jus strictum), there is
conjoined a right to compel. But it is possible to think of other
rights of a wider kind (jus latum) in which the title to compel cannot
be determined by any law. Now there are two real or supposed rights of
this kind- equity and the right of necessity. The first alleges a
right that is without compulsion; the second adopts a compulsion
that is without right. This equivocalness, however, can be easily
shown to rest on the peculiar fact that there are cases of doubtful
right, for the decision of which no judge can be appointed.
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