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Law and Equity, and “Law and History” as a Resource of Critique [PDF]
Pólemos, 2017 Abstract This article’s support for the critical equity agenda can be found in proposing that scholarship on equity could benefit from embracing a distinctive “Law and History” approach. In doing so, it acknowledges that amongst “mainstream” areas of law, equity has been the subject of very extensive historical scrutiny, and suggests that further but ...
exaly +3 more sources
Health Equity, 2023 History and experience teach us that our Constitution and laws can be instruments of racial discrimination and oppression as well as tools for advancing freedom and equality. The substance of our laws matters, and there is much to be learned from innovative policies and legal strategies around the country.
openaire +3 more sources
'Comments on Larry May's 'Limiting Leviathan: Hobbes on Law and International Affairs' [PDF]
, 2014 Larry May makes some important arguments about Hobbes on law and particularly about the significance of the notion of equity for Hobbes, both as a moral law and as a (possibly limiting) requirement of a sovereign’s lawmaking authority.
Curran, Eleanor
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ARISTOTLE ON EQUITY, LAW, AND JUSTICE [PDF]
Legal Theory, 2004 In a famous passage in his Ethics, Aristotle considers the nature of equity and its relation to justice.1 His conclusion seems to be that equity's role is to prevent the law from adhering too rigidly to its own rules and principles when those rules and principles produce injustice. Hence equity permits judges to depart from legal principle in order
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The family trust in New Zealand and the claims of ‘Unwelcome Beneficiaries’ [PDF]
, 2009 In June 2009, at the Transcontinental Trusts conference in Geneva, His Honour Justice David Hayton said that the New Zealand Court of Appeal had got aspects of the law of trusts wrong in its decision in Official Assignee v Wilson [2008] 3 NZLR 45.
Tappenden, Sue
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An inter-disciplinary methodology for researching benefit-sharing as a norm diffusing in global environmental law [PDF]
, 2014 This paper proposes a methodology for an interdisciplinary, empirical enquiry into the diffusion of the legal concept of ‘benefit-sharing’. The paper draws together accounts of norm diffusion from sociology, international relations and law to devise a ...
Morgera, Elisa, Parks, Louisa
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Best interest duties of financial advisers - more law, more confusion [PDF]
, 2020 Best interest is a commonly used and misunderstood phrase interpreted differently in the law, media, legislature and throughout the investment chain, sometimes glibly.
Millhouse, David
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No Final Victories: The Incompleteness of Equity’s Triumph in Federal Public Law [PDF]
, 1993 Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity\u27s triumph in federal public law.
Rowe, Thomas D., Jr.
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The Ground on Which We All Stand: A Conversation About Menstrual Equity Law and Activism [PDF]
, 2020 This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work.
Crawford, Bridget J. +4 more
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Challenging Conceptions of Accessory Liability in Private Law [PDF]
, 2019 This article concerns recent challenges to the utility of “accessory liability” as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic ...
Dietrich, Joachim, Ridge, Pauline
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