Aequitas soror iuris. If equity is the sister of the law, she is a much- neglected
sibling. Only rarely does equity step out of the shadow of the law to make an
independent appearance. Most of the time, equity is seen as a natural attribute
of the law that does not require much attention. But equity has a far more active
life than would appear at first sight.
Equity is hidden and yet ubiquitous. It influences legislators as well as adjudicators.
Both are driven by considerations of equity. The legislator strives
to make laws that are equitable in the sense of distributive justice. The adjudicator
attempts to make decisions that are not merely correct but also just. It
is no coincidence that the Latin aequitas stands not just for equity but also for
equanimity. Our conscience demands equity. Fairness is essential for our peace
of mind.