Plato's Equity Jurisprudence
Document Type
Article
Publication Date
2024
Abstract
This article has three objectives: (1) to identify Plato as the progenitor of the rule for equitable interpretations of law, generally attributed to Aristotle; (2) to explore Plato’s theoretical intentions with this theory; and (3) to explore what implications this has on Aristotle’s famous discussion of equity. Of greatest interest is the postulate in the Laws that equitable interpretations are to be performed when a litigant proves that extreme calamity has befallen him because of the enforcement of a particular law. This was the context behind Aristotle’s short comments that spurned Cicero, Justinian, Augustine, Aquinas, and English theorists of interpretation that still inform critical legal conversation today.
Recommended Citation
Keener, Benjamin, "Plato's Equity Jurisprudence" (2024). Student Scholarship Lunch. 2.
https://scholarship.law.upenn.edu/student_scholarship_lunch/2