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Author:   Dennis Klimchuk (Associate Professor of Philosophy and Law, Associate Professor of Philosophy and Law, University of Western Ontario) ,  Irit Samet (Professor, Professor, The Dickson Poon School of Law) ,  Henry E. Smith (Fessenden Professor of Law, Fessenden Professor of Law, Harvard Law School)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.00cm , Height: 2.00cm , Length: 25.00cm
Weight:   0.900kg
ISBN:  

9780198817659

ISBN 10:   0198817657
Pages:   400
Publication Date:   02 April 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Introduction 1: Charlie Webb: Discretionary Justice 2: Dennis Klimchuk: Aristotle at the Foundations of the Law of Equity 3: J E Penner: Equity, Justice and Conscience: Suitors behaving badly? 4: Andrew S. Gold: Equity and the Right to Do Wrong 5: Paul B. Miller: Equity as Supplemental Law 6: Evan Fox-Decent: The Constitution of Equity 7: Lionel Smith: Equity is Not a Single Thing 8: Larissa Katz: Pathways to Legal Rights: The Function of Equity 9: Ben McFarlane and Robert Stevens: What's Special About Equity? Rights about Rights 10: Henry E. Smith: Fusion of Law and Confusion of Equity 11: Samuel L. Bray: Form and Substance in the Fusion of Law and Equity 12: Emily Sherwin: Equitable Correction of Law 13: Aruna Nair and Irit Samet: What Can 'Equity's Darling' Tell Us About Equity? 14: John C. P. Goldberg and Benjamin C. Zipursky: From Riggs v. Palmer to Shelley v. Kraemer: The Continuing Significance of the Law-Equity Distinction 15: Simone Degeling: Some Varieties of Consent in Equity: Enhancing and Protecting Autonomy? 16: Matthew Harding: Equity and Institutions 17: James Edelman: The Equity of the Statute

Reviews

This is a worthy book... its greatest strengths are its structure and eclectic writ-ing and sourcing, which invite readers to draw from a number of theories and cases, as well as their own experiences, to make up their own minds. * David W. Thompson, Michigan Bar Journal Book Review *

[T]he papers in this collection contain much of interest. * Professor the Hon WMC Gummow AC QC, Australian Law Journal * This is a worthy book… its greatest strengths are its structure and eclectic writ-ing and sourcing, which invite readers to draw from a number of theories and cases, as well as their own experiences, to make up their own minds. * David W. Thompson, Michigan Bar Journal Book Review *

Author Information

Dennis Klimchuk is Associate Professor of Philosophy and Law at the University of Western Ontario. His main research interests are in philosophy of law, especially private law theory, and the history of political philosophy, especially the early modern period. He was a contributor to two earlier volumes in OUP's Philosophical Foundations of law series (on unjust enrichment and on property) and is co-editor, with Lisa Austin, of Private Law and the Rule of Law (OUP 2014). Irit Samet is a Professor in The Dickson Poon School of Law, which she joined in 2008 after teaching in Oxford and Essex. Irit's main research interests lie in the areas of equity, property law, theory of private law, and ethics. Her monograph on the normative foundations of the law of equity was published by OUP in 2018. Irit has published numerous papers in peer-reviewed journals (such as the MLR, Jurisprudence, Kantian Review, and OJLS), as well as in edited collections published by OUP (such as Philosophical Foundations of Fiduciary Law and Philosophical Foundations of Property Law). Henry E. Smith is Fessenden Professor of Law and the Director of the Project on the Foundations of Private Law at Harvard Law School. Previously, he taught at the Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has written extensively on property, equity, remedies, and private law theory.

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