Justness In Aristotle and Cicero

Dmitry Dozhdev, Moscow School of Social and Economic Sciences; Russian Academy of Sciences, Institute of State and Law, has published 'Aequitas' as Real Law: Sources of the European Legal Tradition, in "The Best In the West": Educator, Jurist, Arbitrator: Liber Amicorum in Honour of Professor William Butler (Natalya Iu. Erpyleva and Maryann E. Gashi-Butler, Wildy, Simmonds, and Hill, 2014). Here is the abstract.

Concepts of Justness in Aristotle and Cicero are analysed. Both follow formal approach to Justness, proper to legal science. Looking for model of moral perfection and dignity Cicero appeals to the findings of Quintus Mucius Scaevola (II-I BC), founder of european legal science, who revealed the nature of just in proper application of formal equality (bonum et aequum). For Roman lawyers just person was a person that was following a model of a 'vir bonus' (good man). Abstract qualities of a good man were products of law and at the same time elemenst of legal system. The very conformity to the principles of law makes a participant of legal interaction 'good man'. Abstract notion of 'aequity' (justness) was seen as a source of law. In Byzantine times 'aequity' became a quality of the Emperor, while the just nature of law was substituted by 'justness' of the ruler. Some scholars connect the abstraction of 'aequity' with this new approach and deem Roman law texts corrupted in later times. However, the autenticity of the traditional texts can be proved.

Download the essay from SSRN at the link.

Gary Watt's Equity Stirring: The Story of Justice Beyond Law

A wonderful, densely written book that you shouldn't miss: Gary Watt's Equity Stirring: The Story of Justice Beyond Law (Hart Publishing, 2009).

Says Professor Watt in his introduction, "I start with titles, because one of the aims of this book is to explore the potential of a cultural discourse, based on equity, to resist a culture of entitlement, based on rights. The inscription of title and entitlement, but the process is fundamentally erroneous and calls for equity's correction, since a mere title can never express the whole truth."

The author plays with language and ideas throughout the work, instructing and guiding and leading us along the way in an invigorating adventure through the philosophy of law, literature, cases (e.g., the Earl of Oxford's case), the history of law, law and gender, and then "gets down to cases:" for example, Shakespeare's The Merchant of Venice. I found the extensive discussion of the many meanings of chancery (chapter 3: Chancery Script) of particular interest. Watt races from Charles Dickens to Sir Edward Coke and weaves from literature to law with astounding ease. It's a star turn, and a volume that one can re-read profitably.

Lots of footnotes, an amazing bibliography.

[NB: The publisher sent me this free copy.]