Equity in the Civil Law Tradition

This book explores the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle, its development in Roman law, the Middle Ages, the Modern Era, and its reception in Latin America. It aims to better understand the role and history of equity in civil law traditions.

Format: Paperback / softback
Length: 180 pages
Publication date: 02 July 2022
Publisher: Springer Nature Switzerland AG

This book delves into the intricate tapestry of "equity" within the civil law tradition, offering a comprehensive exploration from two distinct perspectives: legal history and comparative law. Its primary aim is to cater to civil lawyers seeking a deeper understanding of the role and historical significance of equity within their own legal heritage, while also captivating the curiosity of common lawyers who are intrigued by the diverse trajectory of equity across Europe and Latin America.

The author embarks on a captivating journey, commencing with an in-depth examination of the philosophical underpinnings of the Western concept of equity, drawing upon the profound insights of Plato and Aristotle. Through this philosophical lens, the author unravels the profound influence these ancient thinkers had on the works of the renowned Attic orators.

Next, the author delves into the transformative journey of Roman law, where the notion of equity assumed a profound legal significance. He traces the evolution of this concept from its philosophical roots to its practical application in Roman society. Notably, the author highlights how equity survived the fall of Rome and continued to flourish in the Middle Ages, undergoing refinement and elaboration by civilists and canonists.

The narrative then shifts to the Modern Era, where the notion of equity encountered a kaleidoscope of interpretations and applications. Legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum, and experts in Roman-Dutch law all contributed to shaping the understanding and application of equity in this period. Legal rationalism and the philosophers of the Enlightenment further contributed to its evolution, adding new dimensions and perspectives.

The book concludes with a thoughtful exploration of the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century. It also delves into its reception in Latin America, shedding light on the unique ways in which equity has been interpreted and applied in this region.

In the final chapter, the author offers insightful closing remarks on the fundamental equivocalness (or relativity, as some scholars prefer) of the notion of equity within the civil law tradition today. He reflects on the enduring legacy of equity, its adaptability, and the ongoing challenges it faces in the ever-evolving legal landscape.

Overall, this book serves as a valuable resource for civil lawyers, legal scholars, and anyone with an interest in the rich history and evolution of equity within the civil law tradition. It provides a comprehensive and nuanced perspective, shedding light on the complex interplay between philosophy, law, and society throughout different historical epochs.

Weight: 296g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030780692
Edition number: 1st ed. 2021