Cambridge University Press has today published Equity and Administration a collection of essays edited by Dr Peter Turner.
Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful – including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation – other common explanations are unhelpful or misleading. This collection of essays considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others’ affairs, modern equity can be seen to have a strongly facilitative character. The extent of and limits on this characterisation of equity are explored in chapters covering equity’s attitude to administration in various public and private settings in common law systems.
The contributors to the collection include scholars, judges and practising lawyers from the UK, Australia, Canada, Hong Kong and the US. Many of the papers were initially presented at the first international seminar held by the Cambridge Private Law Centre in January 2014.
For more information about this book, please refer to the CUP website. For information about other publications by Dr Turner, see his Faculty Profile.