Transcript of the above video:

As the title of this video suggests, we are discussing the notion of equity. I want to be very clear, I am not talking about this in the context of diversity, equity and inclusion, that's not the concept we are talking about here per se. In fact I kind of think the term Equity has been someone hijacked in the modern realm if you will, in the modern arena, modern discussion of anything political or even legal. Equity in the Common Law tradition, it's basically the second form of legal adjudication if you will. What are we talking about? 

Well basically if you go back into history and I won't delve too deep into this, I am sure people are already their eyes are glazing over watching this video, if I've even still retained any viewers, but long story short Equity, the creation of what we would call Equity comes about from what we call the Court of the King's Conscience, which came from the UK. It came from the Common Law tradition arising out of England. Specifically it occurred because it came about if you will because Henry VIII wanted to get a divorce, split up from the Catholic church, formed their own church called The Church of England which he then became the head of. The problem is they had to incorporate the old Ecclesiastical Courts from the Catholic tradition, from the tradition of Christendom if you will. Those Courts got folded in to the British legal tradition in the form of the Courts of Chancery or the Court of the King’s Conscience. Basically the thinking was, you can go to the Law Courts where they will just read the law and apply the law, there will be no looking at the broader facts or anything of that nature but you could end up with an outcome that was legal, the remedy is legal but it is unfair is the way I look at it. Equity allowed for the inclusion, I am now using the terms equity and inclusion, but Equity allowed for the inclusion of notions of fairness, again Court of the King's Conscience. Okay, it may be legal but is it right? 

Now this got intertwined in the American Common Law legal tradition and sort of migrated over to that side of the pond. I can't tell you how inextricably linked, it is so wound in our legal tradition that it is hard to get your mind out of it. I found and I continue to find it to be the case that I continue to make assumptions because of these Equity Notions that just aren't the case here in Thailand because the Thai legal tradition doesn't have any of that in their legal tradition because it was Thailand, it wasn't England. This place was half a world away and they developed their own legal traditions differently. So in Thai Law there are none of these notions that we would call equity in a legal context if you were looking at it through the prism of American Common Law.