Equity and Law

Fusion and Fission

Henry E Smith editor John C P Goldberg editor P G Turner editor

Format:Paperback

Publisher:Cambridge University Press

Published:11th Nov '21

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Equity and Law cover

Leading Anglo-American scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.

ISBN: 9781108431750

Dimensions: 229mm x 152mm x 24mm

Weight: 697g

481 pages