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单词 equity
释义

equityn.

/ˈɛkwɪti/
Forms: Middle English–1500s equite, equyte, (Middle English equitee, equytee, equytie, Middle English eqwyte), Middle English–1600s equitie, (1500s æquitie, æquity), 1500s equity.
Etymology: < Old French equité = Provençal equitat, Spanish equidad, Italian equità, < Latin aequitāt-em, < aequus even, fair.
I. In general.
1. The quality of being equal or fair; fairness, impartiality; even-handed dealing.The Latin æquitas was somewhat influenced in meaning by being adopted as the ordinary rendering of Greek ἐπιείκεια (see epiky n.), which meant reasonableness and moderation in the exercise of one's rights, and the disposition to avoid insisting on them too rigorously. An approach to this sense is found in many of the earlier English examples.
ΘΚΠ
society > morality > rightness or justice > [noun] > fairness or equity
evennessOE
rightOE
equityc1315
evenheadc1350
charityc1430
evenhood1496
consciencea1538
equalness1548
equality1556
equanimity1607
candour1616
equitableness1648
candidness1661
just1667
both-sidedness1845
c1315 Shoreham 154 Thet hys hys pryvete Of hys domes in equyte.
c1384 Bible (Wycliffite, E.V.) (Douce 369(2)) (1850) Mal. ii. 6 In equitee he walkide with me.
c1425 Wyntoun Cron. vii. x. 491 Be justys he gave and eqwyte Til ilke man, þat his suld be.
1477 Earl Rivers tr. Dictes or Sayengis Philosophhres (Caxton) (1877) lf. 6 He [sc. God] shal Iuge you in equite.
1535 Bible (Coverdale) Job xxix. 14 Equity was my crowne.
1588 J. Udall State Church of Eng. sig. E2v Weigh it in the ballance of equitie.
1611 M. Smith in Bible (King James) Transl. Pref. 10 They can with no show of equity challenge vs for changing and correcting.
1660 Bp. J. Taylor Ductor Dubitantium II. iii. vi. § i. 399 Not to punish any man more than the law compels us; that's equity.
1671 tr. A. de Courtin Rules Civility xv. 130 The person of honour is in equity to go in first.
1759 W. Robertson Hist. Scotl. II. viii. 32 These princes readily acknowledged the equity of his claim.
a1832 J. Mackintosh Hist. Revol. Eng. (1834) v. 145 Those principles of equity and policy on which religious liberty is founded.
1870 J. R. Lowell Among my Bks. (1873) 1st Ser. 257 There is a singular equity and absence of party passion.
2. concrete. What is fair and right; something that is fair and right. rarely in plural.
ΘΚΠ
society > morality > rightness or justice > [noun] > fairness or equity > that which is fair
equityc1374
square dinkum1895
c1374 G. Chaucer tr. Boethius De Consol. Philos. iv. vi. 144 Amonges þise þinges sitteþ þe heye makere..to don equite.
1377 W. Langland Piers Plowman B. xix. 305 He dede equite to alle euene forth his powere.
1483 W. Caxton tr. Caton A viij That he may do equyte and justyce.
1875 H. E. Manning Internal Mission of Holy Ghost x. 267 The equities which we owe to our neighbour.
II. In Jurisprudence.
3. The recourse to general principles of justice (the naturalis æquitas of Roman jurists) to correct or supplement the provisions of the law. equity of a statute: the construction of a statute according to its reason and spirit, so as to make it apply to cases for which it does not expressly provide.
ΘΚΠ
society > law > jurisprudence > [noun] > theories or doctrines of the law
rule of law?c1500
epiky1508
equity1528
renvoi1675
legal positivism1870
positivism1927
realism1930
legalitarianism1962
critical race theory1989
1528–30 tr. T. Littleton Tenures (new ed.) f. iiv They be taken by the equite of ye statute.
1642 tr. J. Perkins Profitable Bk. iv. §270. 120 Such Assetts are not taken by the equitie of the Statute of Gloucester.
1858 Ld. St. Leonards Handy Bk. Prop. Law ii. 3 Chancellors..moderated the rigour of the law according..to equity.
4.
a. In England (hence in Ireland and the United States), the distinctive name of a system of law existing side by side with the common and statute law (together called ‘law’ in a narrower sense), and superseding these, when they conflict with it.The original notion was that of sense 3, a decision ‘in equity’ being understood to be one given in accordance with natural justice, in a case for which the law did not provide adequate remedy, or in which its operation would have been unfair. These decisions, however, were taken as precedents, and thus ‘equity’ early became an organized system of rules, not less definite and rigid than those of ‘law’; though the older notion long continued to survive in the language of legal writers, and to some extent to influence the practice of equity judges. In England, equity was formerly administered by a special class of tribunals, of which the Court of Chancery was chief; but since 1873 all the branches of the High Court administer both ‘law’ and ‘equity’, it being provided that where the two differ, the rules of equity are to be followed. Nevertheless, the class of cases formerly dealt with by the Court of Chancery are still reserved to the Chancery Division of the High Court.
ΘΚΠ
society > law > branch of the law > [noun] > equity
equitya1601
chancery1628
a1601 W. Lambarde Archion (1635) 56 And likewise in his Court of Equity, hee doth..cancell and shut up the Rigour of the generall Law.
a1601 W. Lambarde Archion (1635) 71 The Justices should informe him [the King] of the Law, and the Chancellour of Equity.
1727 D. Defoe Compl. Eng. Tradesman II. i. xi. 274 He..will always have the worst of it in Equity, whatever he may have at Common Law.
1765–9 W. Blackstone Comm. Laws Eng. III. iv. 4 In the court of Chancery, there are two distinct tribunals; the one ordinary, being a court of common law; the other extra~ordinary, being a court of equity.
1832 J. Austin Outline in Province Jurispr. p. xiv Equity sometimes signifies a species of law.
1853 T. I. Wharton Digest Cases Pennsylvania 708 Equity will grant relief when..a contract is made under a mistake.
1858 Ld. St. Leonards Handy Bk. Prop. Law ii. 3 There are settled and inviolable rules of equity, which require to be moderated by the rules of good conscience.
b. Defined so as to include other systems analogous to this; e.g. the prætorium jus of the Romans.
ΚΠ
1861 H. S. Maine Anc. Law ii. 28 [What] I call Equity..any body of rules existing by the side of the original civil law, founded on distinct principles and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.
5.
a. An equitable right, i.e. one recognizable by a court of equity. Often in plural.
ΘΚΠ
society > law > legal right > [noun] > recognizable by equity
equity1629
1629 Vse of Law 68 in J. Doddridge Lawyers Light Vpon which agreement in Writing, there ariseth an Equitie or Honestie, that the Land should goe according to those agreements.
1827 J. Kent Comm. Amer. Law II. xxviii. 118 The wife's equity to a suitable provision for the maintenance of herself and her children.
1844 J. Williams Real Property Law (ed. 12) 177 Incidental equities are also to be recognized by the courts respectively and every judge thereof.
1883 Sir E. E. Kay in Law Times Rep. 49 77/2 It was hardly said that he was entitled to any charge, or lien, or equity on this particular fund.
b. equity of redemption: the right which a mortgagor who has in law forfeited his estate has of redeeming it within a reasonable time by payment of the principal and interest. equity to a settlement: a wife's equitable right to have settled upon her any properties coming to her after marriage.
ΚΠ
1712 J. Arbuthnot John Bull Still in Senses ix. 41 But, has not Esquire South the Equity of Redemption?
1767 W. Blackstone Comm. Laws Eng. (new ed.) II. 159 This reasonable advantage, allowed to mortgagors, is called the equity of redemption.
1858 Ld. St. Leonards Handy Bk. Prop. Law xiv. 92 Twenty years' adverse possession, by a person claiming the equity of redemption, will bar the rightful owner.
c. (See quot. 1966.) originally U.S.
ΘΚΠ
society > trade and finance > stocks and shares > stocks, shares, or bonds > [noun] > share > types of shares
bonus share1823
preference share1842
preferred share1842
qualification shares1846
pref1849
financial1864
founder's-shares1889
preference1890
preferred1891
ordinary1898
participation1916
equity1930
leader1938
Euroequity1969
small cap1984
1904 E. S. Meade in Polit. Sci. Q. Mar. 50 Its preferred stock is quoted at..prices which indicate a general conviction that the equity in the company is worth little.
1928 New Statesman 28 July (Finance Suppl.) p. vi Out of the combined issued capital of £16,629,000 the public put up 93 per cent. of the cash required, but received only 21.8 per cent. of the equity—that is the balance of profits remaining after the fixed dividends have been paid on the Preferred capital.
1930 Times 11 Feb. (Financial Review) p. iii/2 It was widely imagined that more money was to be made in high pressure equities than in anæmic mortgages.
1966 A. Gilpin Dict. Econ. Terms (1967) 72 Equities, the ordinary shares of a limited company. They carry the right to the residue of a company's assets after it has paid all its creditors, and share in the distribution of profits, if any, after interest has been paid to preference share-holders and debenture holders each year.
1969 Times 5 May (Suppl.) p. iii/1 The shift in portfolio preferences of institutional investors from bonds to equities..is even more rapid..than the statistics suggest.
1970 Money Which? Sept. 143/2 The ordinary shares of companies (also called equities) are bought and sold on a Stock Exchange.
attributive.1930 Daily Express 8 Sept. 10/2 Purchasers of equity securities of the speculative type.1931 Daily Express 16 Oct. 14/5 To pay 5 per cent. on the equity shares and meet the preferential and debenture interests, a trading profit of £111,000 is necessary.1953 Economist 4 Apr. 18/2 Canadian tax practice..has made loan finance more attractive to corporations than equity finance.1965 McGraw-Hill Dict. Mod. Econ. 181 Equity capital, the total investment in a business by all its owners.

Compounds

attributive and in other combinations, as equity-bar, equity court, equity-judge, equity-lawyer. Also equity-draughtsman n. a barrister who draws pleadings in equity.
ΚΠ
a1832 J. Bentham Justice & Codif. Petit. in Wks. (1843) V. 484 Turn first to the self-styled equity courts.

Draft additions 1993

The net value of mortgaged property after deduction of charges outstanding on it; more generally, the amount of a debt which has been paid off. Chiefly U.S.
ΘΚΠ
society > trade and finance > stocks and shares > stocks, shares, or bonds > [noun] > held
holding1573
interest1674
equity1889
net worth1930
to have a stake in1955
1889 in Cent. Dict.
1932 Bankers Mag. (N.Y.) Feb. 152/1 A building over-capitalized with mortgages, that is to say, over-financed, is not a good thing for the community in which it is situated, where the equity is in danger of collapse through the foreclosure of excessive mortgages.
1945 Monthly Labor Rev. Jan. 48 The American Newspaper Guild..regards dismissal pay as an equity which the individual builds up on his job and for which he should be compensated regardless of the reason of severance.
1969 Appraisal Jrnl. Jan. 31 (heading) Mortgage-equity capitalization and after-tax equity yield.
1986 What Mortgage June 27/1 Once you have lived in a mortgaged house for some years..you will have a reasonable amount of equity.

Draft additions 1993

(With capital initial.) A shortened form of the name of various actors' trade unions, as the Actors' Equity Association (in the U.S.), the British Actors' Equity Association, etc.
ΘΚΠ
society > leisure > the arts > performance arts > the theatre or the stage > [noun] > trade union
equity1930
1913 N.Y. Times 17 Nov. 9/3 At a meeting of the Actors' Equity Association yesterday afternoon at the Little Theatre, the first meeting since it was launched six months ago, a contract form was drawn up which will be submitted to the Theatrical Managers' Association.]
1930 Stage 20 Feb. 14/4 In principles and methods the British Equity, if the forecast is approved, will be modelled on the American Actors' Equity Association.
1933 P. Godfrey Back-stage v. 59 The present position is that both Equity and the Stage Guild..are functioning side by side.
1962 Listener 18 Jan. 151/2 Before the Equity dispute with the ITV contractors began.
1981 ‘Q. Crisp’ How to become Virgin ix. 118 I know I am an actor because I have an Equity card.

Draft additions January 2010

equity release n. Finance the (partial) remortgaging of a house or other property in order to release funds, frequently to supplement retirement income (cf. reverse mortgage n. at reverse adj. and adv. Compounds 2); chiefly attributive.
ΚΠ
1970 Sun (Lowell, Mass.) 6 Mar. 28/9 Inquire about our equity release program.
1988 Guardian (Nexis) 9 Apr. Equity release schemes for the over-60s.
1993 R. A. Hayes Ownership, Control & Future of Housing Policy iv. 119 Homeowners in retirement may find the costs of maintenance and repair a problem, and equity release schemes change the value of their asset holding.
2006 Yours 16 Sept. 130/1 Equity release plans allow you to release cash using your property as security.
This entry has not yet been fully updated (first published 1891; most recently modified version published online December 2021).
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