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Philosophical Foundations of the Law of Equity - Oxford Scholarship Online
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Philosophical Foundations of the Law of Equity

Dennis Klimchuk, Irit Samet, and Henry E. Smith

Abstract

A late-comer to the field of private law theory, the inquiry into the foundations of the law of Equity raises some fundamental questions about the relationships between law and morality, the nature of rights, the extent to which we are willing to compromise on the Rule of Law ideal in order to achieve various social goals. In this volume, leading scholars in the field address these and the 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 ... More

Keywords: private law theory, equity, the rule of law, fusion

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198817659
Published to Oxford Scholarship Online: June 2020 DOI:10.1093/oso/9780198817659.001.0001

Authors

Affiliations are at time of print publication.

Dennis Klimchuk, editor
Associate Professor of Philosophy and Law, University of Western Ontario

Irit Samet, editor
Professor, The Dickson Poon School of Law

Henry E. Smith, editor
Fessenden Professor of Law, Harvard Law School

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