Conscience and Justice in Equity

Abstract

This short essay introduces and engages several philosophical questions raised by Irit Samet’s Equity: Conscience Goes to Market. Amongst other things, it addresses questions going to: the proper scope of equity; the relationship between equity’s remedial and supplemental functions; whether, and if so, to what extent equity promotes compliance with moral obligations; what, if any, moral aims animate equitable intervention; and whether, and if so, how, equity is distinctively concerned with matters of conscience and “particular” justice. All the while, I express appreciation for Samet’s project while raising some doubts about her views on how law and equity divide labor in ensuring that legal systems respond aptly and adequately to demands of conscience and of justice.

Keywords: Legal Theory, Private Law Theory, Private Law, Equity, Chancery, Morality, Justice, Conscience, Contract Law, Trust Law

JEL Classification: D82, K10, K11, K12, K40