ABSTRACT
The advantage of appealing to ‘equity’ is that in cases suited to it one can derive results from it without having to bring in any independent criteria at all; they may instead be found within the system to which the principle of equity is being applied. One may simply say: in this system, x is admitted as relevant yet here it is not allowed to make a difference between the treatment of A’s, who have x, and B’s, who haven’t x; or, conversely, x is not admitted to be relevant yet here it does make a difference. All that is needed is a sharp eye for inconsistency. Thus, one may criticize a series of decisions or a set of rules as inconsistent with one another without having to look any further and see whether there is anything wrong with the general principles or laws underlying the decisions.
