ISBN : 9780198817659
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'.
A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
1 Charlie Webb: Discretionary Justice
2 Dennis Klimchuk: Aristotle at the Foundations of the Law of Equity
3 J E Penner: Equity, Justice and Conscience: Suitors behaving badly?
4 Andrew S. Gold: Equity and the Right to Do Wrong
5 Paul B. Miller: Equity as Supplemental Law
6 Evan Fox-Decent: The Constitution of Equity
7 Lionel Smith: Equity is Not a Single Thing
8 Larissa Katz: Pathways to Legal Rights: The Function of Equity
9 Ben McFarlane and Robert Stevens: What's Special About Equity? Rights about Rights
10 Henry E. Smith: Fusion of Law and Confusion of Equity
11 Samuel L. Bray: Form and Substance in the Fusion of Law and Equity
12 Emily Sherwin: Equitable Correction of Law
13 Aruna Nair and Irit Samet: What Can 'Equity's Darling' Tell Us About Equity?
14 John C. P. Goldberg and Benjamin C. Zipursky: From Riggs v. Palmer to Shelley v. Kraemer: The Continuing Significance of the Law-Equity Distinction
15 Simone Degeling: Some Varieties of Consent in Equity: Enhancing and Protecting Autonomy?
16 Matthew Harding: Equity and Institutions
17 James Edelman: The Equity of the Statute