See further article ROME: _History_; also T. Mommsen, _Romisches
Staatsrecht_, iii.; J.N. Madvig, _Die Verfassung des romischen
Staates_, i.; R. Cagnat in Daremberg and Saglio's _Dictionnaire des
antiquites_, where full references to ancient authorities are given in
the footnotes; A.S. Wilkins in Smith's _Dictionary of Greek and Roman
Antiquities_ (3rd ed., 1891); E. Belot, _Histoire des chevaliers
romains_ (1866-1873); H.O. Hirschfeld, _Untersuchungen auf dem Gebiete
der romischen Verwaltungsgeschichte_ (Berlin, 1877); E. Herzog,
_Geschichte und System der romischen Staatsverfassung_ (Leipzig,
1884-1891); A.H. Friedlander, _Sittengeschichte Roms_, i. (1901);
A.H.J. Greenidge, _History of Rome_, i. (1904); J.B. Bury, _The
Student's Roman Empire_ (1893); T.M. Taylor, _Political and
Constitutional History of Rome_ (1899). For a concise summary of
different views of the _sex suffragia_ see A. Bouche-Leclercq's
_Manuel des antiquites romaines_, quoted in Daremberg and Saglio; and
on the _equites singulares_, T. Mommsen in _Hermes_, xvi. (1881), p.
458. (J. H. F.)
EQUITY (Lat. _aequitas_), a term which in its most general sense means
equality or justice; in its most technical sense it means a system of
law or a body of connected legal principles, which have superseded or
supplemented the common law on the ground of their intrinsic
superiority. Aristotle (_Ethics_, bk. v. c. 10) defines equity as a
better sort of justice, which corrects legal justice where the latter
errs through being expressed in a universal form and not taking account
of particular cases. When the law speaks universally, and something
happens which is not according to the common course of events, it is
right that the law should be modified in its application to that
particular case, as the lawgiver himself would have done, if the case
had been present to his mind. Accordingly the equitable man ([Greek:
epieikes]) is he who does not push the law to its extreme, but, having
legal justice on his side, is disposed to make allowances. Equity as
thus described would correspond rather to the judicial discretion which
modifies the administration of the law than to the antagonistic system
which claims to supersede the law.
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