Talk:William Samuel Johnson

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Source[edit]

Taken from CMH Online:

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"Equity as well as law"[edit]

The inclusion of the term "equity" in the Constitution's phrase "law and equity" does not, I think, mean "that the inflexibility of the law had to be tempered by fairness." (The assertion that it does is copied verbatim from the "Soldier-Statesmen" article listed in the references to this article.)

"Equity" was, I'm pretty sure, being used in the Constitution as a technical legal term, not in its colloquial sense of "fairness." Courts of Equity were a separate system from Courts of Law in English and American practice at the time; the two types of courts heard different types of cases.

I have not changed the text but I'm pretty sure it's incorrect as it stands. Bruce Tindall 20:32, 21 January 2013 (UTC)

It's been over 6 years and nobody has objected, so I'm removing the sentence about "fairness" now. Bruce Tindall (talk) 23:30, 6 August 2019 (UTC)[reply]