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Equity and Law John C. P. Goldberg (Harvard Law School, Massachusetts)

Equity and Law By John C. P. Goldberg (Harvard Law School, Massachusetts)

Equity and Law by John C. P. Goldberg (Harvard Law School, Massachusetts)


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Summary

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.

Equity and Law Summary

Equity and Law: Fusion and Fission by John C. P. Goldberg (Harvard Law School, Massachusetts)

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.

About John C. P. Goldberg (Harvard Law School, Massachusetts)

John C. P. Goldberg is the Carter Professor of General Jurisprudence at the Harvard Law School, Harvard University. Henry E. Smith is the Fessenden Professor of Law and Director of the Project on the Foundations of Private Law at the Harvard Law School, Harvard University. P. G. Turner is a University Senior Lecturer and a Fellow of St Catharine's College in the University of Cambridge.

Table of Contents

List of figures; List of tables; List of contributors; Acknowledgements; Table of cases; Table of legislation; List of abbreviations; 1. Fusion and theories of equity in common law systems P. G. Turner; Part I. Jurisdictions and Their Institutions: 2. Equity: notes on the American reception Samuel L. Bray; 3. The union of law and equity: the United States, 18001938 Kellen Funk; 4. What did the makers of the judicature acts understand by 'fusion'? Michael Lobban; 5. At the crossroads of fusion: British North America/Canada, 17502000 Philip Girard; 6. Fusion fission fusion: pre-judicature equity jurisdiction in New South Wales, 18241972 Mark Leeming; 7. Fusion without fission: equity and the judicature acts in colonial Victoria James Mccomish; 8. Are equity and law in Scotland fused, separate or intertwined? Daniel J. Carr; Part II. Fusion and Fission in Doctrine and Practice: 9. Equity and the common counts: the development of the action for money had and received Ben Kremer; 10. Mistake and unfairness in contract law Stephen Waddams; 11. Lex Sequitur Equitatem: fusion and the penalty doctrine P. G. Turner; 12. Rediscovering the equitable origins of discovery: the 'blending' of law and equity prior to fusion Patricia I. Mcmahon; Part III. Functional, Analytical and Theoretical Views: 13. Wrongful fusion: equity and tort John C. P. Goldberg and Henry E. Smith; 14. Avoiding anarchy? Common law vs. equity and Maitland vs. Hohfeld Ben Mcfarlane; 15. Equity and the modern mind Emily Sherwin; 16. An argument for limited fission Matthew Harding; Conclusion; 17. 'Single nature's double name': the unity of law and equity? Dennis Klinck; Index.

Additional information

GOR013847984
9781108421317
1108421318
Equity and Law: Fusion and Fission by John C. P. Goldberg (Harvard Law School, Massachusetts)
Used - Very Good
Hardback
Cambridge University Press
2019-08-01
476
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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