Equity in Early Modern Legal Scholarship

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Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian epieikeia, a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.

Author(s): Lorenzo Maniscalco
Series: Legal History Library, 43
Publisher: Brill
Year: 2020

Language: English
Pages: 253
City: Leiden

Contents
Acknowledgments
Notes on the Text
Introduction
1 Background: Aequitas and Epieikeia in the Medieval Ius Commune
2 The Introduction and Diffusion of Epieikeia in Legal Scholarship
3 Aequitas and Epieikeia among Early Modern Scholastic Writers
4 The Place of Equity within Doctrines of Interpretation
Conclusion
Works Cited
Name Index
Subject Index