Power Search
Low Price Guarantee
We Take School POs
Equity: Conscience Goes to Market
Contributor(s): Samet, Irit (Author)

View larger image

 ISBN: 0198766777     ISBN-13: 9780198766773
Publisher: Oxford University Press, USA
OUR PRICE: $114.00  

Binding Type: Hardcover - See All Available Formats & Editions
Published: February 2019
Qty:
Additional Information
BISAC Categories:
- Law | Living Trusts
- Law | Legal Services
- Law | Jurisprudence
Dewey: 346.004
LCCN: 2018961473
Physical Information: 0.8" H x 6.1" W x 9.3" L (1.15 lbs) 240 pages
Features: Bibliography, Index
 
Descriptions, Reviews, Etc.
Publisher Description:
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues
that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal
ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches
their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of
individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable
characteristics are indispensable for achieving their social, ethical and economic purpose.
 
Customer ReviewsSubmit your own review
 
To tell a friend about this book, you must Sign In First!