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Application Of The Legal Order

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Chapter Summary

Equity expresses that which is fair in its specific, spontaneous, complete and living reality. The relationship between equity and justice is a complex one, materialising in diverse ways. Equity may be understood to be the invocation of the idea of justice as "relative" or "comparative," imposing equal treatment for that which is equal and unequal treatment for that which is different. Equity developed its function in Continental public law as well as in Continental private law, and especially in public international law. Equity has its maximum expression in international law, especially in public international law, with its clearest representation in the concept of "arbitration". The types of legal arguments are the "a cohaerentia argument", the "sedes materiae argument", the "a rubrica argument", the non-redundant argument, the "ad absurdum argument", the pragmatic argument, the argument of authority, the psychological argument.

Keywords: equity; legal arguments; legal order; public international law



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