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Equity in Early Modern Legal Scholarship


ISBN13: 9789004404809
Published: July 2020
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £139.00



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Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian 'epieikeia', a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.

Subjects:
Legal History
Contents:
Introduction
1. Background: Aequitas and Epieikeia in the Medieval Ius Commune
2. The Introduction and Diffusion of Epieikeia in Legal Scholarship
3. Aequitas and Epieikeia among Early Modern Scholastic Writers
4. The Place of Equity within Doctrines of Interpretation
Conclusion
Works Cited
Name Index
Subject Index