Equity as a Framework of Law

by | Sep 15, 2021 | Homework Help

Provide a 12 pages analysis while answering the following question: Equity as a Framework of Law. History of Equity Jurisprudence. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. The author provides an intensive discussion of equity by placing the law within the wider context of the changes it has gone through throughout history. This book compares equity and modern law, which is relevant to this discussion, especially in considering the various conflicts, which are present. Dixon M, Contemporary Perspectives on Property, Equity, and Trusts Law (1st, Oxford University Press, Oxford 2007) Martin Dixon counters common perceptions about equity as an area of law that is static, continuing the argument presented by Scott Atkins in Equity and Trusts. The author sets out to demonstrate that equity is still vibrant and dynamic with case law and new legislation. Divided into two parts, the second portion of the book sees the author focus on conscience and natural justice with regards to equity and impact of equity law on various regulations in the UK. This book will aid in my discussions on the nature of equity and its conflict with law. Rahmatian A, Introduction: Lord Kames and His Principles of Equity (3rd, Glasgow, University of Glasgow 2011) 42 This book is a work of applied legal philosophy with principled and logical jurisprudential discussion regarding the scenarios of legal conflicts and solutions that equity proposed. The author argues that equity allows for the development of abstract paradigms and mechanisms for legal solutions, which act to inspire real life solutions sans requirement to adhere slavishly to the model. According to the author, equity bridges the gap between the meticulous but exegetic lawyer and the creative but not meticulous philosopher. This will be used to discuss the nature of equity and its role in mediating legal conflicts that require more than just legal interpretation.

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