Form and Substance in the Fusion of Law and Equity
Document Type
Book Chapter
Publication Date
2020
Abstract
From the Publisher
This chapter addresses the contemporary relevance of equity through the lens of translation. Drawing on John Dryden’s account of the varieties of translation as well as on modern theories of translation, this chapter shows how disagreements over the fusion of law and equity often appear to be about the past versus the present when they are really about whether to follow only the substance of equity or also its form. Distinguishing two axes of translation produces a typology of approaches to equity, which then allows one to recognize that virtually all approaches to equity fall in the middle between the poles of literal tracking of the original on the one hand and loose re-creation on the other. Ultimately, thinking of equity in terms of translation expands the possibilities for equity’s future.
Recommended Citation
Bray, Samuel S., "Form and Substance in the Fusion of Law and Equity" (2020). Book Chapters. 185.
https://scholarship.law.nd.edu/book_chapters/185
Publication Information
in Philosophical Foundations of the Law of Equity 231-239 (Dennis Klimchuck, Irit Samet, & Henry Smith eds., 2020).