On Mon, 5 May 1997, Harry Veeder wrote:
> I am still trying to clarify the idea of democratic banking.
How about equitableness in economics & the distribution of wealth?
Distributive justice?
The founder of the USA's banking system had this to say on equity:
HAMILTON ON EQUITY-RESTORATIVE JUSTICE
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
"... great advantages result from the separation of the equity from the
law jurisdiction ... the causes which belong to the former would be
improperly committed to juries. The great and primary use of a court of
equity is to give relief in extraordinary cases which are exceptions to
general rules."
"The nature of a court of equity will readily permit the extension of its
jurisdiction to matters of law, but ... the attempt to extend the juris-
diction of the courts to matters of equity will not only be unproductive
of the advantages which may be derived from courts ...but will tend
gradually to change the nature of the courts of law, and to undermine the
trial by jury, by introducing questions too complicated for a decision in
that mode."
- The Federalist papers, #83 - 'Publius' (Alexander Hamilton)
"... what need of the word "equity"? ... There is hardly a subject of
litigation between individuals, which may not involve those ingredients
of *fraud*, *accident*, *trust*, or *hardship*, which would render the
matter an object of equitable rather than legal jurisdiction ... It is
the peculiar province ... of a court of equity to relieve against what
are called hard bargains ... it would be impossible for (justice to be
done) without an equitable as well as a legal jurisdiction."
- The Federalist papers, #81 - 'Publius' (Alexander Hamilton)
"... (it) is equally requisite to guard the Constitution and the rights of
individuals from the effects of those ill humours, which the arts of
designing men, or the influence of particular conjectures, sometimes
disseminate among the people themselves, and which ... have a tendency ..
to occasion dangerous innovations in the government, and serious oppres-
sions of the minor party in the community. (it may be) an essential safe-
guard against the effects of occasional ill humours in the society. These
sometimes extend no farther than to the injury of the private rights of
particular classes of citizens by unjust and partial laws ... (it)
operates as a check upon the legislative body in passing them, who ...are
in a manner compelled by the very motives of the injustice they meditate
to qualify (re-examine) their attempts. This (the passing of unjust laws)
is a circumstance calculated to have more influence upon the character of
our governments than but few may be aware of. ... Considerate (people) ...
ought to prize whatever will tend to beget or fortify that (equitable)
temper ... as no (one) can be sure that (they) may not tomorrow be the
victim of a spirit of injustice, by which (they) may be a gainer today.
And every (person) must now feel that the inevitable tendency of such a
spirit is to sap the foundations of public and private confidence, and to
introduce in its stead universal distrust and distress."
- The Federalist papers, #79 - 'Publius' (Alexander Hamilton)
For A
Justice AR
that ART
Restores HEAR
Equity, HEART
John @ CERJ EARTH
>>-----------> [log in to unmask] HEARTH
=================================================================
John Wilmerding | Campaign for Equity-Restorative Justice (CERJ)
111 High Street |------------------------------------------------
Brattleboro, VT | Work together to reinvent justice using methods
05301-3018 USA | that are fair; which conserve, restore and even
(802) 254-2826 | create harmony, equity and good will in society
=================================================================
"We are the prisoners of the prisoners we have taken." - J. Clegg
|
