Equity and Law: Fusion and Fission

The fusion of law and equity in common law systems was a pivotal moment in the development of modern law. This division of law and equity has brought about major structural, institutional and juridical changes. Leading scholars undertake an analysis to shed light on the ways in which law and equity have fused and remained distinct.

Format: Paperback / softback
Length: 481 pages
Publication date: 11 November 2021
Publisher: Cambridge University Press

The fusion of law and equity in common law systems marked a significant turning point in the evolution of modern law. Historically, common law and equity were the primary sources of rules and remedies in the judge-made law of England, and this bifurcated system spread to other countries whose legal systems were influenced by English law. The division of law and equity, or their fission, was a pivotal legal development and is a characteristic of most common law systems. This fusion has resulted in profound structural, institutional, and juridical changes within the common law tradition.

In this comprehensive volume, esteemed scholars engage in historical, comparative, doctrinal, and theoretical analysis to explore the intricate ways in which law and equity have converged and the ways in which they have maintained their distinct identities even in a post-fusion world. The chapters in this book provide a rich and nuanced understanding of the historical development of the fusion of law and equity, as well as their contemporary implications.

The authors examine the historical roots of the common law and equity systems, tracing their evolution and interrelationships. They explore how these systems were integrated in various legal jurisdictions and the challenges and complexities that arose from this fusion. The scholars also examine the doctrinal and theoretical implications of the fusion, exploring how it has shaped the legal principles, procedures, and practices of common law systems.

The book also explores the practical implications of the fusion of law and equity, examining how it has affected the legal profession, the judiciary, and the broader society. The authors discuss the role of judges, lawyers, and policymakers in navigating the complexities of the post-fusion legal landscape and the challenges that arise from balancing the competing demands of law and equity.

Furthermore, the book examines the impact of the fusion of law and equity on individual rights and freedoms, social justice, and economic development. The authors explore how the fusion has influenced the development of legal doctrines such as judicial review, constitutional law, and human rights law, and how it has contributed to the promotion of social and economic equality.

In conclusion, The Fusion of Law and Equity in Common Law Systems is a valuable resource for scholars, students, and practitioners interested in the evolution of modern law. The book offers a comprehensive and interdisciplinary analysis of the fusion of law and equity, providing insights into its historical, doctrinal, and practical dimensions. By exploring the ways in which law and equity have converged and remained distinct, this book contributes to our understanding of the complex and dynamic nature of the legal system and its role in shaping the world we live in.

Weight: 710g
Dimension: 152 x 229 x 30 (mm)
ISBN-13: 9781108431750
Edition number: New ed