[13]
For that which is equitable seems to be
just, and equity is justice that goes beyond the written law. These omissions
are sometimes involuntary, sometimes voluntary, on the part of the legislators;
involuntary when it may have escaped their notice, voluntary when, being unable
to define for all cases, they are obliged to make a universal statement, which
is not applicable to all, but only to most, cases; and whenever it is difficult
to give a definition owing to the infinite number of cases,1 as, for instance, the size and kind of an iron
instrument used in wounding; for life would not be long enough to reckon all the
possibilities.
1 “Inexperience” (Jebb).
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