Philosophical foundations of the law of equity / edited by Dennis Klimchuk, Irit Samet, and Henry E Smith.
2020
K247 .P47 2020 (Mapit)
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Title
Philosophical foundations of the law of equity / edited by Dennis Klimchuk, Irit Samet, and Henry E Smith.
Edition
First edition.
Imprint
Oxford, United Kingdom ; New York, NY : Oxford University Press, 2020.
Description
vi, 379 pages ; 26 cm.
Series
Philosophical foundations of law.
Formatted Contents Note
Discretionary justice / Charlie Webb
Aristotle at the foundations of the law of equity / Dennis Klimchuk
Equity, justice, and conscience : suitors behaving badly? / JE Penner
Equity and the right to do wrong / Andrew S Gold
Equity as supplemental law / Paul B Miller
The constitution of equity / Evan Fox-Decent
Equity is not a single thing / Lionel Smith
Pathways to legal rights : the function of equity / Larissa Katz
What's special about equity? : rights about rights / Ben McFarlane and Robert Stevens
Fusion of law and confusion of equity / Henry E Smith
Form and substance in the fusion of law and equity / Samuel L Bray
Equitable correction of law / Emily Sherwin
What can 'equity's darling' tell us about equity? / Aruna Nair and Irit Samet
From Riggs v Palmer to Shelley v Kraemer : judicial power and the law-equity distinction / John CP Goldberg and Benjamin C Zipursky
Some varieties of consent in equity : enhancing and protecting autonomy? / Simone Degeling
Equity and institutions / Matthew Harding
The equity of the statute / James Edelman.
Aristotle at the foundations of the law of equity / Dennis Klimchuk
Equity, justice, and conscience : suitors behaving badly? / JE Penner
Equity and the right to do wrong / Andrew S Gold
Equity as supplemental law / Paul B Miller
The constitution of equity / Evan Fox-Decent
Equity is not a single thing / Lionel Smith
Pathways to legal rights : the function of equity / Larissa Katz
What's special about equity? : rights about rights / Ben McFarlane and Robert Stevens
Fusion of law and confusion of equity / Henry E Smith
Form and substance in the fusion of law and equity / Samuel L Bray
Equitable correction of law / Emily Sherwin
What can 'equity's darling' tell us about equity? / Aruna Nair and Irit Samet
From Riggs v Palmer to Shelley v Kraemer : judicial power and the law-equity distinction / John CP Goldberg and Benjamin C Zipursky
Some varieties of consent in equity : enhancing and protecting autonomy? / Simone Degeling
Equity and institutions / Matthew Harding
The equity of the statute / James Edelman.
Summary
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
K247 .P47 2020
Language
English
ISBN
9780198817659 hardcover
0198817657 hardcover
9780192549877 electronic book
0198817657 hardcover
9780192549877 electronic book
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