Philosophical Foundations of the Law of Equity
Henry E Smith editor Dennis Klimchuk editor Irit Samet editor
Format:Hardback
Publisher:Oxford University Press
Published:2nd Apr '20
Currently unavailable, and unfortunately no date known when it will be back
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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.
[T]he papers in this collection contain much of interest. * Professor the Hon WMC Gummow AC QC, Australian Law Journal *
This is a worthy book… its greatest strengths are its structure and eclectic writ-ing and sourcing, which invite readers to draw from a number of theories and cases, as well as their own experiences, to make up their own minds. * David W. Thompson, Michigan Bar Journal Book Review *
ISBN: 9780198817659
Dimensions: 250mm x 180mm x 20mm
Weight: 900g
400 pages