Equity and the Modern Mind

30 Pages Posted: 4 Aug 2016

Date Written: August 3, 2016

Abstract

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

Suggested Citation

Sherwin, Emily L., Equity and the Modern Mind (August 3, 2016). Cornell Legal Studies Research Paper No. 16-27. Available at SSRN: https://ssrn.com/abstract=2817803 or http://dx.doi.org/10.2139/ssrn.2817803

Emily L. Sherwin (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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