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    Title: Injustice in Law Caused by Conflict Between Equality and Equity
    Other Titles: 平等與公平間衝突所引起之不公平
    Authors: 盛慶琜;Sheng, Ching-lai
    Contributors: 淡江大學經營決策學系
    Date: 1994
    Issue Date: 2009-11-30 13:17:15 (UTC+8)
    Publisher: Stuttgart, Germany: Franz Steiner Verlag
    Abstract: In this essay I shall argue that although some laws look fair and just because they are based on the principle of equality of treatment, strictly speaking, they are unfair because, instead of the principle of equality of treatment, the principle of equality of consideration of interest should be the philosophical basis of the law.
    I shall discuss the principle of equality of treatment and the principle of equally of consideration of interest in detail by using examples. The former may be considered a special case of the latter, when all relevant other things in the situations for comparison are equal. If one or more relevant other things are not equal, then the principle of quality of consideration of interest should be used. I strongly hold that the financial condition of the person violating a law should be considered a relevant other thing. Thus, basing a law on the principle of equality of consideration of interest instead of the principle of equality of treatment is similar to basing the distribution of income on equity instead of equality.
    I shall conclude that equity is an improvement or refinement or refinement of equality and should be taken into full consideration in all kinds of law and regulation. Although practically it is difficult to do so and we have to give in and let certain cases of small injustice exist, theoretically we should keep the sense of equity in mind and be on the alert all the time, so that, when coming across a case of great importance, the effect on equity or justice due to a crude ;aw pr regulation should be taken into full account and remedy and modification should be made so as to reduce the injustice to a feasible minimum.
    Relation: Law, Justice, and the State 1, pp.25-32
    Appears in Collections:[管理科學學系暨研究所] 專書之單篇

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