(p. 22) 2. Legal Systems and Legal Rights
- DOI:
- 10.1093/he/9780199290505.003.0002
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Legal rights are valued because of the protection they are accorded by the legal system. Over time, a hierarchy is established. It follows that legal rights can be restructured, judicially, simply by according different degrees of protection to different rights. This chapter surveys the techniques introduced by Equity to vary remedies, defences, and procedural practices so as to deliver a more attuned hierarchy of legal rights and, as a result, a more sophisticated legal system. This evolving discrimination is Equity's most pervasive, and least well acknowledged, contribution to the modern common law landscape.
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