Equity and Law

Fusion and Fission

John C. P. Goldberg, Henry E. Smith, P. G. Turner

• Publisher: Cambridge University Press
• Year: 2019
• Print ISBN: 9781108421317
• eBook ISBN: 9781108373197
• Topic: Law
• Subtopic: Estates & Trusts Law
• Index: Law

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.

Table of contents

• Cover
• Half-title
• Title page
• Copyright information
• Contents
• List of Figures
• List of Table
• List of Contributors
• Acknowledgements
• Abbreviations
• Table of Cases
• Table of Statutes
• 1 Fusion and Theories of Equity in Common Law Systems
• Part I Legal Systems and Legal Institutions
• Part II Fusion and Fission in Doctrine and Practice
• Part III Functional, Analytical and Theoretical Views
• Index