"The principle of equity first came into evidence in Roman jurisprudence and was derived by analogy from the physical meaning of the word"

This quote by Herbert Read suggests that the principle of equity, as it is utilized in legal contexts, has roots that trace back to Roman jurisprudence. In Roman law, equity was not just a set of rules however a guiding concept meant to achieve fairness and justice in scenarios where rigid application of law may result in oppression. The use of the word "analogy" indicates that the legal principle of equity was obtained from a more physical or tangible use of the word, potentially referring to balance or fairness in measurement.

In Roman times, law could be inflexible, given its structure in written codes and stringent rules. Nevertheless, the Romans recognized the requirement for flexibility to guarantee that justice might be served in circumstances that were not properly dealt with by existing laws. This acknowledgment generated the idea of equity-- a method that permits analysis and factor to consider of specific situations to attain a just result. Instead of adhering strictly to the letter of the law, equity needs an evaluation of the spirit of the law and the intent behind it.

The physical meaning of "equity" most likely refers to its roots in corresponding or stabilizing different aspects, much like a set of scales that must be even. Just as a scale is used to make sure reasonable balance in weight, equity in law looks for to guarantee fair treatment by thinking about all relevant aspects of a case.

Herbert Read's declaration points to the historical advancement of equity as a fundamental principle in legal systems, highlighting its function as a restorative mechanism that matches recognized laws. This concept guarantees that laws serve their supreme purpose: delivering just outcomes and preserving societal balance and fairness. Equity stays a crucial aspect of modern legal systems, where it continues to direct judges and attorneys in analyzing and using statutes in a manner that promotes justice and fairness beyond technical rules.