Equity and the Modern Mind
30 Pages Posted: 4 Aug 2016
Date Written: August 3, 2016
This paper examines the role of equity in post-merger American law. I propose that for a period of time following the merger of law and equity, the remnants of historical equity provided a partial compromise between the benefits of determinate rules and the impulse to correct adverse outcomes of rules. For better or worse, this compromise has mostly ceased to hold, thanks to general acceptance of the principles that animated American Legal Realism.
Keywords: legal theory, common law, equity
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