Book contents
- Equity and Law
- Equity and Law
- Copyright page
- Contents
- Figures
- Table
- Contributors
- Acknowledgements
- Abbreviations
- Table of Cases
- Statutes
- 1 Fusion and Theories of Equity in Common Law Systems
- Part I Legal Systems and Legal Institutions
- 2 Equity
- 3 The Union of Law and Equity
- 4 What Did the Makers of the Judicature Acts Understand by ‘Fusion’?
- 5 At the Crossroads of Fusion
- 6 Fusion–Fission–Fusion
- 7 Fusion without Fission
- 8 Are Equity and Law in Scotland Fused, Separate or Intertwined?
- Part II Fusion and Fission in Doctrine and Practice
- Part III Functional, Analytical and Theoretical Views
- Index
2 - Equity
Notes on the American Reception
from Part I - Legal Systems and Legal Institutions
Published online by Cambridge University Press: 26 July 2019
- Equity and Law
- Equity and Law
- Copyright page
- Contents
- Figures
- Table
- Contributors
- Acknowledgements
- Abbreviations
- Table of Cases
- Statutes
- 1 Fusion and Theories of Equity in Common Law Systems
- Part I Legal Systems and Legal Institutions
- 2 Equity
- 3 The Union of Law and Equity
- 4 What Did the Makers of the Judicature Acts Understand by ‘Fusion’?
- 5 At the Crossroads of Fusion
- 6 Fusion–Fission–Fusion
- 7 Fusion without Fission
- 8 Are Equity and Law in Scotland Fused, Separate or Intertwined?
- Part II Fusion and Fission in Doctrine and Practice
- Part III Functional, Analytical and Theoretical Views
- Index
Summary
How has equity been received in the United States? Two themes stand out. One is that of ‘nice adjustment’: the case-specific adjustment of legal rules to avoid the harsh results of applying rules to unforeseen circumstances. The second is the idea of judicial command: ordering the particular defendant in the circumstances to do equity without contradicting the common law. While the former has waned in the US, the latter has overly strengthened. The reasons of legal culture are discussed.
- Type
- Chapter
- Information
- Equity and LawFusion and Fission, pp. 31 - 45Publisher: Cambridge University PressPrint publication year: 2019