Editing Maxims of equity (section)

=== Equity does not punish ===
Lord Justice James stated in ''Vyse v. Foster'' ([[Court of Appeal in Chancery|Ch.App.]] 1871) that "This Court is not a Court of penal jurisdiction. It compels restitution of property unconscientiously withheld; it gives full compensation for any loss or damage through failure of some equitable duty; but it has no power of punishing anyone."

This is largely because equity is civil in nature, and not criminal. Criminal equity formerly existed in the infamous [[Star Chamber]], but ceased to exist when that court was abolished. As such, equity generally will not enjoin a crime — nor enjoin a criminal proceeding. As stated in ''Mayor of York v. Pilkington'' ([[Court of Chancery|Ch.]] 1742), the Court of Chancery "has not originally, and strictly, any restraining power over criminal prosecutions".

This maxim means that [[punitive damages|punitive or exemplary damages]] are generally not available in equity — at least historically. The U.S. Supreme Court reiterated this principle as a limit on [[restitution]] in ''[[Liu v. Securities and Exchange Commission]]'' (2020), citing the "equitable principle that the wrongdoer should not be punished by ‘pay[ing] more than a fair compensation to the person wronged.’ ''Tilghman v. Proctor'', 125 U.S. 136, 145–146 (1888)."

Indeed, equity may step in to block contract terms that create [[penal damages]]. This also relates to the maxim that [[Maxims of equity#Equity abhors a forfeiture|"equity abhors a forfeiture"]] (see below). However, in many jurisdictions equity will not block an [[no-contest clause|''in terrorem'' clause]] in a will (stating that beneficiaries who challenge the will forfeit whatever was left for them).