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Philosophical Foundations of the Law of Equity

Philosophical Foundations of the Law of Equity

Author: Dennis Klimchuk; Irit Samet; Henry E. Smith
Publisher: Oxford University Press
ISBN: 9780198817659
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Introduction

1: Discretionary Justice, Charlie Webb

2: Aristotle at the Foundations of the Law of Equity, Dennis Klimchuk

3: Equity, Justice and Conscience: Suitors behaving badly?, J E Penner

4: Equity and the Right to Do Wrong, Andrew S. Gold

5: Equity as Supplemental Law, Paul B. Miller

6: The Constitution of Equity, Evan Fox-Decent

7: Equity is Not a Single Thing, Lionel Smith

8: Pathways to Legal Rights: The Function of Equity, Larissa Katz

9: What's Special About Equity? Rights about Rights, Ben McFarlane and Robert Stevens

10: Fusion of Law and Confusion of Equity, Henry E. Smith

11: Form and Substance in the Fusion of Law and Equity, Samuel L. Bray

12: Equitable Correction of Law, Emily Sherwin

13: What Can 'Equity's Darling' Tell Us About Equity?, Aruna Nair and Irit Samet

14: From Riggs v. Palmer to Shelley v. Kraemer: The Continuing Significance of the Law-Equity Distinction, John C. P. Goldberg and Benjamin C. Zipursky

15: Some Varieties of Consent in Equity: Enhancing and Protecting Autonomy?, Simone Degeling

16: Equity and Institutions, Matthew Harding

17: The Equity of the Statute, James Edelman