In reality there are two, and only two, foundations of…
““In reality there are two, and only two, foundations of law; and they are both of them conditions without which nothing can give it any force: I mean equity and utility. With respect to the former, it grows out of the great rule of equality, which is grounded upon our common nature, and which Philo, with propriety and beauty, calls the mother of justice. All human laws are, properly speaking, only declaratory; they may alter the mode and application, but have no power over the substance, of original justice. The other foundation of law, which is utility, must be understood, not of partial or limited, but of general and public, utility, connected in the same manner with, and derived directly from, our rational nature: for any other utility may be the utility of a robber, but cannot be that of a citizen,—the interest of the domestic enemy, and not that of a member of the commonwealth.””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Law rests on two pillars: equity, rooted in equality and natural justice, and utility, grounded in the common good derived from rational nature.
In simple terms: Law needs fairness and public benefit.
Key Takeaway
Balance fairness with societal benefit.
Themes
law
justice
ethics
philosophy
politics
Mood
thoughtful
analytical
Type
theoretical
philosophical
When to use this quote
- legislative drafting
- court judgments
- policy analysis
- ethical decision making
- public administration
Key Concepts
equity
utility
natural law
public interest
Questions to Reflect On
- How do we resolve conflicts between fairness and the greater good?
- Can utility ever fully capture justice?
A Different Perspective
Equity may clash with utilitarian outcomes in complex cases.