A subaltern theory of equity

Akuffo, Kwame (2016) A subaltern theory of equity. African Journal of International and Comparative Law, 24 (1). pp. 12-44. ISSN 0954-8890

[img] PDF
AJICL 2016 Article - Kwame (1).pdf - Published Version
Restricted to Repository staff only

Download (226kB)

Abstract

The claims of English equity are contradicted by equity’s history and function. Equity’s diversity, inventiveness and flexibility accommodate new paradigms with ease without accountability for rational consistency. This ability produces
paradoxes that mask the central function of equity as essentially, though not exclusively, an instrumentality of property. As an English legal category, equity has been extremely successful in lubricating the machinery of English law, providing it with a ready means of change to meet the needs of the dominant actors in society with little coherent, transparent and consistent connection to social justice or equality.

Item Type: Article
Additional Information: © 2016 Edinburgh University Press
Subjects: Law and criminal justice > Law
Depositing User: Kwame Akuffo
Date Deposited: 09 Jun 2016 14:11
Last Modified: 21 Jun 2017 08:23
URI: http://repository.uwl.ac.uk/id/eprint/2437

Actions (login required)

View Item View Item

Menu