Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (
ius civile, Common law) was supported, amended and corrected by a second legal source (
ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments?
Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
Egbert Koops, Ph.D. (2010), Leiden University, is Assistant Professor of Property Law at University of Groningen. He has published a monograph in Dutch on the history of security interests and has co-edited two previous books.
Willem Zwalve, Ph.D. (1981), University of Groningen, is Professor of Legal History at Leiden University and Professor of Anglo-American Private Law at University of Groningen. He was elected member of the Royal Netherlands Academy of Arts and Sciences in 2009.
Table of contents
Note on the Authors
List of Abbreviations
Introduction: The Equity Phenomenon
W.J. Zwalve and E. Koops
II. EXTERNAL HISTORICAL ASPECTS
1. The Equity of the Law: Law and Equity since Justinian
2. The Equity of the Common Law Courts P. Brand
3. A House Built on Sand: Equity in Early Modern English Law D.J. Ibbetson
4. Arbitrary Chancellors and the Problem of Predictability M. Macnair
III. SUBSTANTIVE ASPECTS
5. Equity’s Connivance in the Evasion of Legal Formalities J. Cartwright
6. Ius Honorarium, Equity and Real Security: Parallel Lines of Legal Development H.L.E. Verhagen
7. Rescission of Contracts: Was Roman Law more Consistent than English Law? F. Brandsma
8. The Equity of D. 17,1,26,6: Liability of a Principal for Accidental Losses Suffered by his Agent W.J. Zwalve
Index of Persons Index of Sources
This book will be of interest to comparative lawyers and legal historians in general, and in particular to those working on the comparative legal history of private law.