A couple days ago I read a post at Volokh on the meaning of “common law” in the seventh amendment, and how at the time it would have been intended to distinguish from “largely long-defunct” courts of equity. I was reminded of that when I read Roger F. Devlin saying that family courts are not subject to judicial review because they are courts of equity rather than law. I thought most of that was just civil rather than criminal law and treated the same, but I guess not. If it’s not based on law, that throws a wrench in my argument that simply scrapping marital/family law would solve most paleo/manosphere complaints. I’m dubious about the whole notion of equity or fairness, law is at least something written down and promulgated by government so its actions are predictable. I suppose if private parties trusted a third party to give mutually beneficial outcomes it could make some sense, but a government monopoly is another thing. I suppose I should read up on what the hell courts of equity are anyway to have an informed opinion. Wikipedia has little to offer, and seems to contradict Devlin.
%d bloggers like this: