See Jim Evans, ‘Aristotle’s Theory of Equity’, in Werner Krawietz (et al), Prescriptive Formality and Normative Rationality in Modern Legal Systems,

(Duncker & Humbolt, Berlin, 1994).

From: Dennis Klimchuk <klimchuk@uwo.ca>
Date: Saturday, 30 November 2013 8:22 AM
To: "obligations@uwo.ca" <obligations@uwo.ca>
Subject: Aristotle and the law of equity

Hi,

I am looking for claims, judicial and academic (in textbooks and otherwise), that a particular equitable doctrine or the law of equity generally does equity in Aristotle's sense, both those that mention Aristotle by name, and those that do not but that refer to the Aristotelian idea that equity corrects for errors arising from the generality of law.  I believe the first judicial invocation of that idea is in The Earl of Oxford's Case.  I'd be grateful for any references anyone might be able to provide.

Many thanks, and apologies for cross-posting.

Best,

Dennis

Dennis Klimchuk
Associate Professor, Department of Philosophy and Faculty of Law
Western University