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(p. 321) 10. Moving Forward—Integrating Equity 

(p. 321) 10. Moving Forward—Integrating Equity
(p. 321) 10. Moving Forward—Integrating Equity

Sarah Worthington

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date: 01 March 2021

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter presents an argument for the integration of Common Law and Equity jurisdictions by focusing on two objectives. The first is to show that the practical task of integration is unlikely to be as difficult as is often supposed. The second objective is more demanding. Whatever the practical and intellectual advantages of integration, there remains a persistent and powerful perception that integration is now impossible. The arguments invariably focus on allegations of profound and unbridgeable philosophical and jurisprudential divides between the two jurisdictions. The core concerns are that Equity is a uniquely conscience-based and discretionary regime whereas the Common Law is a rules- and rights-based regime. The chapter seeks to challenge that view.

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