Legality and Equity in Judicial Activity

Abstract

Abstract The article tries to answer a very important problem faced by legal practitioners of all times, namely the problem of the relationship between equity and law. The perspective of a judge on this aspect is complemented by that of prestigious authors who have reflected on the most appropriate way of applying the law. In the article they are analyzed two major currents of interpretation of legal norms, which are still facing each other in the theory of law, namely textualism and purposivism, the first current claiming that the interpretation of the legal norms must be done exclusively on the basis of the text of the law, and the second that the legislator’s intention or purpose must also be taken into account. It is also emphasized the risk that, through the interpretation of the law, judges will impose their views on state policy. Only equity can protect us from this risk, because it prevents arbitrariness. Keywords: judge; law; equity; interpretation; textualism; purposivism. JEL Classification: K10, K41