§2.1.1μετὰ δὲ ταῦτα ὑπὲρ ἐπιεικείας δέοι ἂν τὴν ἐπίσκεψιν ποιήσασθαι, τί τέ ἐστι καὶ ἐν τίσι καὶ περὶ ποῖα.
After this, it would be necessary to make an inquiry concerning equity, both what it is, in what circumstances, and about what sort of things it is concerned.
ἔστιν δὲ ἡ ἐπιείκεια καὶ ὁ ἐπιεικὴς ὁ ἐλαττωτικὸς τῶν δικαίων τῶν κατὰ νόμον.
And equity and the equitable man are characterized by taking less than what is legally just.
ἃ γὰρ ὁ νομοθέτης ἐξαδυνατεῖ καθʼ ἕκαστα ἀκριβῶς διορίζειν, ἀλλὰ καθόλου λέγει, ὁ ἐν τούτοις παραχωρῶν, καὶ ταῦθʼ αἱρούμενος ἂ ὁ νομοθέτης ἐβούλετο μὲν τῷ καθʼ ἕκαστα διορίσαι, οὐκ ἠδυνήθη δέ, ὁ τοιοῦτος ἐπιεικής.
For in those matters which the lawgiver is unable to define precisely in individual cases, but speaks only in general terms, the one who yields in these matters, and chooses those very things which the lawgiver indeed wished to define in individual cases but was unable to do so, such a person is equitable.
οὐκ ἕστιν δὲ ἐλαττωτικὸς τῶν δικαίων ἁπλῶς· τῶν μὲν γὰρ φύσει καὶ ὡς ἀληθῶς ὄντων δικαίων οὐκ ἐλαττοῦται, ἀλλὰ τῶν κτὰ νόμον, ἃ ὁ νομοθέτης ἐξαδυνατῶν ἀπέλιπεν.
But he is not one who takes less than what is just absolutely; for he does not take less than what is naturally and truly just, but less than what is legally just, which the lawgiver, being unable to define, left out.