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Equity and Law - Fusion and Fission (Paperback, New Ed)
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Equity and Law - Fusion and Fission (Paperback, New Ed)
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The fusion of law and equity in common law systems was a crucial
moment in the development of the modern law. Common law and equity
were historically the two principal sources of rules and remedies
in the judge-made law of England, and this bifurcated system
travelled to other countries whose legal systems were derived from
the English legal system. The division of law and equity - their
fission - was a pivotal legal development and is a feature of most
common law systems. The fusion of the common law and equity has
brought about major structural, institutional and juridical changes
within the common law tradition. In this volume, leading scholars
undertake historical, comparative, doctrinal and theoretical
analysis that aims to shed light on the ways in which law and
equity have fused, and the ways in which they have remained
distinct even in a 'post-fusion' world.
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