Thread by @McAdooGordon

Now that we all know what DEI is, I want to talk to the Right of Center about reclaiming the correct meaning of “equity.”

Equity is a legal word. It is contrasted with “law” in legal understanding.

The English common law developed the concept of “equity” as a means of avoiding the harsh and unjust outcomes that a strict application of “the law” sometimes produces.

This would be stuff like a lease where a couple made all payments except the last one was one day late because the husband died & the widow could not access to their account for a few days and the landlord would foreclose on the entire property. Technically allowed; still BS.

Or a person with a clearly meritorious claim would lose because their lawyer would file it under the wrong kind of technical form, or no available form (which were very strictly construed) would apply.

So the courts said that the law itself should not be an impediment to justice basically & they developed the concept of equity to deal with cases that rational & reasonable people could see were unjust because of overly formal legalisms.

Equity didn’t necessarily mean the other party would win though either. Sometimes it just gave the judge power to use a remedy that was less harsh than a strict application of law. Like the landlord can foreclose on the widow, but does get interest for the late last payment.

To “get equity” though, you also had “to do equity.” For example, you couldn’t hold someone to a strict deadline on a contract & then ask the court to overlook your own tardiness in filing suit.

You couldn’t be a big asshole about something & then expect a judge to apply the more merciful principles to you. You had ti have “clean hands.”

You also couldn’t demand strict application of the law from the judge if you persuaded or coerced someone into delaying taking action against you or deceived them in some way.

The concept of equity saved the law from being so draconian and rigid, and a tool for the assholes in the world to use against their neighbors, friends, & family. This was necessary because a system of justice that produces too many, in fact, unjust results will be overthrown.

So, properly understood and used, “equity” is not a dirty word, is not communism, & indeed is a necessary tool of just governance that all should approve.

We must, therefore, reclaim it from the Leftists who have distorted its meaning.

*can NOT foreclose on the widow*