Equity and Legal Reasoning

In: Pólemos: journal of law, literature and culture, Band 11, Heft 1

Abstract

AbstractThis paper defends the distinction between law and equity with regard to legal reasoning. It argues that equity not only can provide – as the late Bernard Rudden said – an alibi but equally can add an extra dimension to the reasoning process. It helps the legal reasoner to escape from a two-dimensional "flat" world into one that functions in three-dimensions in which the complexities of social reality can be given more adequate expression.