I. Equity.
Equity (aequitas), regarded objectively, does not properly
constitute a claim upon the moral duty of benevolence or beneficence
on the part of others; but whoever insists upon anything on the ground
of equity, founds upon his right to the same. In this case, however,
the conditions are awanting that are requisite for the function of a
judge in order that be might determine what or what kind of
satisfaction can be done to this claim. When one of the partners of
a mercantile company, formed under the condition of equal profits,
has, however, done more than the other members, and in consequence has
also lost more, it is in accordance with equity that he should
demand from the company more than merely an equal share of advantage
with the rest. But, in relation to strict right- if we think of a
judge considering his case- he can furnish no definite data to
establish how much more belongs to him by the contract; and in case of
an action at law, such a demand would be rejected. A domestic servant,
again, who might be paid his wages due to the end of his year of
service in a coinage that became depreciated within that period, so
that it would not be of the same value to him as it was when he
entered on his engagement, cannot claim by right to be kept from
loss on account of the unequal value of the money if he receives the
due amount of it.
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