Equity (law)

This article is about the area of law. For remedies offered by this area of law, such as injunctions and specific performance, see equitable remedy. For other uses, see Equity.
Legal equity: The Court of Chancery, in early 19th-century London.

In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery,[1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.[2] Conceptually, equity was part of the historical origins of the system of common law of England,[2] yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.[2]

Equity exists in domestic law, both in civil law and in common law systems, and in international law.[1] The tradition of equity begins in antiquity with the writings of Aristotle (epieikeia) and with Roman law (aequitas).[1][3] Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law.[1]

  1. ^ a b c d Titi, Catharine (2021). The Function of Equity in International Law. Oxford University Press 2021. pp. 11ff. ISBN 9780198868002.
  2. ^ a b c Black, Henry Campbell (1891). A Law Dictionary, containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern (second ed.). West Publishing Co. pp. 432–3. Retrieved 14 May 2021.
  3. ^ María José Falcón y Tella, Equity and Law (Peter Muckley tr, Martinus Nijhoff 2008)