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Equity and Law
Fusion and Fission

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P. G. Turner, Samuel L. Bray, Kellen Funk, Michael Lobban, Philip Girard, Mark Leeming, James Mccomish, Daniel J. Carr, Ben Kremer, Stephen Waddams, Patricia I. Mcmahon, John C. P. Goldberg, Henry E. Smith, Ben Mcfarlane, Emily Sherwin, Matthew Harding, Dennis Klinck
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  • Publication planned for: September 2019
  • availability: Not yet published - available from September 2019
  • format: Paperback
  • isbn: 9781108431750

Price is not yet set
Paperback

Not yet published - available from September 2019
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  • 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.

    • Brings together comparative, doctrinal, historical and theoretical analyses of equity in a single volume, providing multiple perspectives on the issue
    • Analyses the fusion of law and equity in various jurisdictions, including Australia, Canada, England, Scotland, and the US allowing readers to gain insights into their domestic legal systems by contrasting developments in others
    • Provides insights into the experiences of fusion, merger and fission of law and equity in different jurisdictions and discusses the misunderstandings about the modern relation of law to equity
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    Product details

    • Publication planned for: September 2019
    • format: Paperback
    • isbn: 9781108431750
    • contains: 14 b/w illus. 1 table
    • availability: Not yet published - available from September 2019
  • Table of Contents

    List of figures
    List of tables
    List of contributors
    Acknowledgements
    Table of cases
    Table of legislation
    List of abbreviations
    1. Fusion and theories of equity in common law systems P. G. Turner
    Part I. Jurisdictions and Their Institutions:
    2. Equity: notes on the American reception Samuel L. Bray
    3. The union of law and equity: the United States, 1800–1938 Kellen Funk
    4. What did the makers of the judicature acts understand by 'fusion'? Michael Lobban
    5. At the crossroads of fusion: British North America/Canada, 1750–2000 Philip Girard
    6. Fusion – fission – fusion: pre-judicature equity jurisdiction in New South Wales, 1824–1972 Mark Leeming
    7. Fusion without fission: equity and the judicature acts in colonial Victoria James Mccomish
    8. Are equity and law in Scotland fused, separate or intertwined? Daniel J. Carr
    Part II. Fusion and Fission in Doctrine and Practice:
    9. Equity and the common counts: the development of the action for money had and received Ben Kremer
    10. Mistake and unfairness in contract law Stephen Waddams
    11. Lex Sequitur Equitatem: fusion and the penalty doctrine P. G. Turner
    12. Rediscovering the equitable origins of discovery: the 'blending' of law and equity prior to fusion Patricia I. Mcmahon
    Part III. Functional, Analytical and Theoretical Views:
    13. Wrongful fusion: equity and tort John C. P. Goldberg and Henry E. Smith
    14. Avoiding anarchy? Common law vs. equity and Maitland vs. Hohfeld Ben Mcfarlane
    15. Equity and the modern mind Emily Sherwin
    16. An argument for limited fission Matthew Harding
    Conclusion
    17. 'Single nature's double name': the unity of law and equity? Dennis Klinck
    Index.

  • Editors

    John C. P. Goldberg, Harvard Law School, Massachusetts
    John C. P. Goldberg is the Carter Professor of General Jurisprudence at the Harvard Law School, Harvard University.

    Henry E. Smith, Harvard Law School, Massachusetts
    Henry E. Smith is the Fessenden Professor of Law and Director of the Project on the Foundations of Private Law at the Harvard Law School, Harvard University.

    P. G. Turner, University of Cambridge
    P. G. Turner is a University Senior Lecturer and a Fellow of St Catharine's College in the University of Cambridge.

    Contributors

    P. G. Turner, Samuel L. Bray, Kellen Funk, Michael Lobban, Philip Girard, Mark Leeming, James Mccomish, Daniel J. Carr, Ben Kremer, Stephen Waddams, Patricia I. Mcmahon, John C. P. Goldberg, Henry E. Smith, Ben Mcfarlane, Emily Sherwin, Matthew Harding, Dennis Klinck

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