Legal History

Equity in Early Modern Legal Scholarship

By Lorenzo Maniscalco
Brill Nijhoff July 2020

Specifications

ISBN-13
9789004404809
Publisher
Brill Nijhoff
Publication
July 2020
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian 'epieikeia', a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.

Table of Contents

Introduction
1.
Background: Aequitas and Epieikeia in the Medieval Ius Commune
2.
The Introduction and Diffusion of Epieikeia in Legal Scholarship
3.
Aequitas and Epieikeia among Early Modern Scholastic Writers
4.
The Place of Equity within Doctrines of Interpretation
Conclusion
Works Cited
Name Index
Subject Index
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