Equity and Law

Front Cover
BRILL, 2008 - Law - 334 pages
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
 

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Contents

Chapter 1 Introduction
1
2 Domain and Plan of the Project Equity as a MultiFaceted Topic and the Maelstrom of Interrelated Concepts A Horizontal and Vertical Reading of t...
3
Chapter 2 Equity and Time A Dynamic Study of the Different Types of Equity Throughout History
11
Chapter 3 Equity in Space The Treatment of Equity in Different Legal Systems and Codes of Law
47
Chapter 4 Concept of Equity
87
Chapter 5 Functions of Equity
93
Chapter 6 Types of Equity
131
Chapter 7 Equitys ContentEquitys Judgement
147
Chapter 8 Equitys Limits
151
Chapter 9 Relationship between Equity and Related Ideas
153
Chapter 10 Equity in the Different Branches of the Legal Order
211
Bibliography
279
Index
331
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About the author (2008)

Maria Jose Falcon y Tella is Professor of Legal Philosophy (1991) and Director of the Institute of Human Rights (1998) at the Complutense University of Madrid.

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