Pagina 315 de 734

When then the law has spoken in general terms, and there arises a

case of exception to the general rule, it is proper, in so far as

the lawgiver omits the case and by reason of his universality of

statement is wrong, to set right the omission by ruling it as the

lawgiver himself would rule were he there present, and would have

provided by law had he foreseen the case would arise. And so the

Equitable is Just but better than one form of Just; I do not mean

the abstract Just but the error which arises out of the

universality of statement: and this is the nature of the

Equitable, "a correction of Law, where Law is defective by reason

of its universality."