Conscience and Justice in Equity

Jerusalem Review of Legal Studies, 2019, Forthcoming

Notre Dame Legal Studies Paper No. 1938

20 Pages Posted: 7 May 2019 Last revised: 30 May 2019

Date Written: April 24, 2019

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

Suggested Citation

Miller, Paul B., Conscience and Justice in Equity (April 24, 2019). Jerusalem Review of Legal Studies, 2019, Forthcoming; Notre Dame Legal Studies Paper No. 1938. Available at SSRN: https://ssrn.com/abstract=3377434 or http://dx.doi.org/10.2139/ssrn.3377434

Paul B. Miller (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

HOME PAGE: http://law.nd.edu/directory/paul-miller/

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