Equity Breaking Out: Politics as Justice

Abstract

This paper is a critical attempt to justify the history of Equity Jurisdiction. The aim is to point out that the tradition of theorizing Equity - like any other tradition - tends to be willed and it becomes an intellectual project. The origins of Equity as the other face of English Justice are settled into the constitutional framework that deeply shapes English Politics and English Law. Moving from a 'political theology perspective', this paper tries to clarify how Political Reason precedes and marks the definition of English Justice, sets the place of sovereignty, composes the languages of the historical bargaining with their basic structures and strategies. In a broader sense, this is an inquiry both on the complex relationship between Politics and the history of Law and on its proper form of public communication.

Keywords: Equity, Jurisdiction, Politics, Justice, political theology, sovereignty, Chancellor, Parliament, English Constitution, English Law

JEL Classification: K10, K30, K40, K49