The principle of equity to the test of the exercise of jurisdiction (a “different” certainty)

Abstract

The text considers the relationship between mercy and justice through a short theological introduction in accordance with to the parameters of the trinitary ontology. The aim of the following considerations is the jurisdiction from the perspective of the philosophy of law in order to propose, under an hermeneutical
approach, the relationship between truth and justice, within the dynamics of mercy. In particular, reference is made to Roman law, Canon law and to the English equity system.

Keywords: Mercy; Justice; Equity; hermeneutics; Roman Law; Canon law.