The style of writing is AGLC, which is Australian guide to legal citation. So an Australian academic would be best suited for this writing. Basically the question that needs to be answered is: In a rule-based legal system how can equity be justified? The lecturer wants to see what justice is in this paper as
In a rule-based legal system, the concept of equity can be challenging to reconcile. The rule of law promotes the application of pre-existing laws, which can limit the scope for individualized or contextual outcomes. Nevertheless, there is a need for equity in the legal system to achieve justice.
Equity can be justified in a rule-based legal system on several grounds. Firstly, rules cannot anticipate all situations or contingencies. Thus, the application of equity can fill gaps in the law where there is no clear legal rule or precedent. In this way, equity allows for a more flexible and responsive legal system that can adapt to changing societal norms and values.
Secondly, equity can be justified on the basis of fairness and justice. While the rule of law promotes predictability and consistency in legal outcomes, it may sometimes lead to outcomes that are inherently unfair or unjust. In such circumstances, equity can be used to balance competing interests and achieve a just outcome that is consistent with the values and principles of the legal system.
Finally, equity can be justified on the basis of the inherent limitations of legal rules. Legal rules are often formulated in broad and general terms, leaving room for interpretation and application. Thus, equity can be used to ensure that legal rules are applied in a manner that is consistent with the intentions of the law and the interests of the parties involved.
In conclusion, equity can be justified in a rule-based legal system on several grounds, including filling gaps in the law, achieving fairness and justice, and ensuring the proper application of legal rules. While the rule of law is an essential feature of any legal system, it is essential to balance its objectives with those of equity to achieve a just outcome.
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