Philosophical Foundations of the Law of Equity
«[T]he papers in this collection contain much of interest.»
Professor the Hon WMC Gummow AC QC, Australian Law Journal
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. Les mer
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.
Detaljer
- Forlag
- Oxford University Press
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780198817659
- Utgivelsesår
- 2020
- Format
- 25 x 18 cm
Anmeldelser
«[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