Equity (law)

Legal equity: The Court of Chancery, in early 19th-century London.

In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery,[1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.[2] Conceptually, equity was part of the historical origins of the system of common law of England,[2] yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.[2]

Equity exists in domestic law, both in civil law and in common law systems, and in international law.[1] The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas).[1][3] Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law.[1]

  1. ^ a b c d Titi, Catharine (2021). The Function of Equity in International Law. Oxford University Press 2021. pp. 11ff. ISBN 9780198868002.
  2. ^ a b c Black, Henry Campbell (1891). A Law Dictionary, containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern (second ed.). West Publishing Co. pp. 432–3. Retrieved 14 May 2021.
  3. ^ María José Falcón y Tella, Equity and Law (Peter Muckley tr, Martinus Nijhoff 2008)

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