ABSTRACT

In many, perhaps in most, of the questions, which are raised in the Law, morality itself in the guise of public policy. Equity is sometimes spoken of as one of the sources of Law, but it seems neither desirable nor possible to differentiate 'equitable' considerations from other considerations looking to the general weal out of which the courts frame rules. In fact, in a large number of cases, the sources of the Law are indistinguishably joined. Equity with us consists of the rules that were brought into the English Law by the special court held by the Chancellor. A chief object in the lectures has been an attempt to show that one of the main difficulties and causes of confusion in Jurisprudence has been the failure to distinguish between Law and the sources of Law. The jurist properly so called, has nothing to do with any ideal standard of law or morals.