Coverart for item
The Resource Equity : conscience goes to market, Irit Samet, reader in private law, The Dickson Poon School of Law, King's College London

Equity : conscience goes to market, Irit Samet, reader in private law, The Dickson Poon School of Law, King's College London

Label
Equity : conscience goes to market
Title
Equity
Title remainder
conscience goes to market
Statement of responsibility
Irit Samet, reader in private law, The Dickson Poon School of Law, King's College London
Creator
Author
Subject
Language
eng
Summary
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
Cataloging source
YDX
http://library.link/vocab/creatorDate
1974-
http://library.link/vocab/creatorName
Samet, Irit
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Equity
  • Justice, Administration of
  • Equity
Label
Equity : conscience goes to market, Irit Samet, reader in private law, The Dickson Poon School of Law, King's College London
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xviii, 217 pages
Isbn
9780198766773
Lccn
2018961473
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1031946938
Label
Equity : conscience goes to market, Irit Samet, reader in private law, The Dickson Poon School of Law, King's College London
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xviii, 217 pages
Isbn
9780198766773
Lccn
2018961473
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1031946938

Library Locations

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      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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