There is of course a legal concept—ex aequo et bono—which suggests that what is right and good in a particular case may not be precisely what the law recommends. Judges have discretion to introduce this concept into their courtrooms to compensate for what may be seen as cold and insufficient remedies under written law. In theory, this defends the vulnerable and offers litigants a chance to settle their differences in a reasonable compromise. But it’s never easy reaching agreement on what is right or good. It’s hard enough to agree on what is true. And that reality, as you say, has been a staple of drama and crime fiction for years. Depending on the skill of a particular writer, this concept can form the basis of quite interesting ethical, social, existential, and dramatic questions. I think of Terence Rattigan's "The Winslow Boy" for example. Or the great Paul Newman film "The Verdict."
Bob! Nice to hear from you. Ex aequo et bono. I never learned Latin, but I understand the concept. Perhaps we should add another "half-spoiler alert" to your observations. The concept's usefulness depends, though, on who has the discretion, and which route - whose route - you take to getting there.
There is of course a legal concept—ex aequo et bono—which suggests that what is right and good in a particular case may not be precisely what the law recommends. Judges have discretion to introduce this concept into their courtrooms to compensate for what may be seen as cold and insufficient remedies under written law. In theory, this defends the vulnerable and offers litigants a chance to settle their differences in a reasonable compromise. But it’s never easy reaching agreement on what is right or good. It’s hard enough to agree on what is true. And that reality, as you say, has been a staple of drama and crime fiction for years. Depending on the skill of a particular writer, this concept can form the basis of quite interesting ethical, social, existential, and dramatic questions. I think of Terence Rattigan's "The Winslow Boy" for example. Or the great Paul Newman film "The Verdict."
Bob! Nice to hear from you. Ex aequo et bono. I never learned Latin, but I understand the concept. Perhaps we should add another "half-spoiler alert" to your observations. The concept's usefulness depends, though, on who has the discretion, and which route - whose route - you take to getting there.
Indeed.