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Vol 24 No 11 Nov/Dec 2019

Book of the Month

Cover of Nowaks CCPR Commentary: U.N. International Covenant on Civil and Political Rights

Nowaks CCPR Commentary: U.N. International Covenant on Civil and Political Rights

Price: £240.00

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Philosophical Foundations of the Law of Equity

Edited by: Dennis Klimchuk, Irit Samet, Henry E. Smith

ISBN13: 9780198817659
To be Published: January 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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. In this volume, leading scholars come together to address these and other 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 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.

Subjects:
Equity and Trusts
Contents:
Introduction
1: Discretionary Justice, Charlie Webb
2: Aristotle at the Foundations of the Law of Equity, Dennis Klimchuk
3: Equity, Justice and Conscience: Suitors behaving badly?, J E Penner
4: Equity and the Right to Do Wrong, Andrew S. Gold
5: Equity as Supplemental Law, Paul B. Miller
6: The Constitution of Equity, Evan Fox-Decent
7: Equity is Not a Single Thing, Lionel Smith
8: Pathways to Legal Rights: The Function of Equity, Larissa Katz
9: What's Special About Equity? Rights about Rights, Ben McFarlane and Robert Stevens
10: Fusion of Law and Confusion of Equity, Henry E. Smith
11: Form and Substance in the Fusion of Law and Equity, Samuel L. Bray
12: Equitable Correction of Law, Emily Sherwin
13: What Can 'Equity's Darling' Tell Us About Equity?, Aruna Nair and Irit Samet
14: From Riggs v. Palmer to Shelley v. Kraemer: The Continuing Significance of the Law-Equity Distinction, John C. P. Goldberg and Benjamin C. Zipursky
15: Some Varieties of Consent in Equity: Enhancing and Protecting Autonomy?, Simone Degeling
16: Equity and Institutions, Matthew Harding
17: The Equity of the Statute, James Edelman