"The Law's Conscience" is a history of equity in Anglo-American
juris-prudence from the inception of the chancellor's court in
medieval England to the recent civil rights and affirmative action
decisions of the United States Supreme Court. Peter Hoffer argues
that equity embodies a way of looking at law, including
constitutions, based on ideas of mutual fairness, public
trusteeship, and equal protection. His central theme is the tension
between the ideal of equity and the actual availability of
equitable remedies.
Hoffer examines this tension in the trusteeship constitutionalism
of John Locke and Thomas Jefferson; the incorporation of equity in
the first American constitutions; the antebellum controversy over
slavery; the fortunes of the Freedmen's Bureau after the Civil War;
the emergence of the doctrine of "Balance of Equity" in
twentieth-century public-interest law; and the desegregation and
reverse discrimination cases of the past thirty-five years. "Brown
v. Board of Education" (1954) was the most important equity suit in
American history, and Hoffer begins and ends his book with a new
interpretation of its lessons.
General
| Imprint: |
The University of North Carolina Press
|
| Country of origin: |
United States |
| Release date: |
November 1990 |
| First published: |
November 1990 |
| Authors: |
Peter Charles Hoffer
|
| Dimensions: |
235 x 156 x 24mm (L x W x T) |
| Format: |
Paperback
|
| Pages: |
316 |
| Edition: |
New edition |
| ISBN-13: |
978-0-8078-4294-2 |
| Categories: |
Books >
Social sciences >
Sociology, social studies >
General
|
| LSN: |
0-8078-4294-X |
| Barcode: |
9780807842942 |
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