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Equity is law in the sense that it is part of the law of England; it is not law only in the sense that it is not part of the common law." Glanville Williams, Learning the Law 25–26 (11th ed. 1982).
The law of equity is like that. It is law administered according to what is “equitable” under the circumstances, as contrasted with the strictly formulated rules of common law. Equity is based upon ...
True equity does not overturn legal justice, but supplements it. Equity works to achieve the deepest aim of the law—rendering justice and upholding the common good—within the framework of the law.
One exception is for areas of substantive law developed exclusively in equity, another is for remedies developed in equity, and the third is for case-aggregating devices developed in equity (e.g ...
Current advocates for “equity” call for profound changes to government, law, business, and society. Under such circumstances, it’s important to understand what “equity” has meant ...
Most of us will be familiar with Ashburner’s “fluvial metaphor” describing the common law and equity as “two streams of jurisdiction [which], though they run in the same channel, run side by side and ...
OK, bear with me. Think of the law as a tree which, most times, bears the fruit of justice. Think then, if you will, of the roots of that tree as delving into the fertile soil of English common law ...