Document Type
Article
Publication Date
2020
Publication Information
21 Jerusalem Rev. Legal Stud. 37 (2020)
Abstract
This short essay introduces and engages several philosophical questions raised by Irit Samet’s Equity: Conscience Goes to Market. Amongst other things, it addresses questions going to: the proper scope of equity; the relationship between equity’s remedial and supplemental functions; whether, and if so, to what extent equity promotes compliance with moral obligations; what, if any, moral aims animate equitable intervention; and whether, and if so, how, equity is distinctively concerned with matters of conscience and “particular” justice. All the while, I express appreciation for Samet’s project while raising some doubts about her views on how law and equity divide labor in ensuring that legal systems respond aptly and adequately to demands of conscience and of justice.
Recommended Citation
Paul B. Miller,
Conscience and Justice in Equity: Comments on Equity: Conscience Goes to Market,
21 Jerusalem Rev. Legal Stud. 37 (2020).
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1372
Comments
Part of a Book Symposium.