Law & Equity: Approaches in Roman Law and Common Law (Legal History Library, Volume 10 / Studies in the History of Private Law, Volume 5)

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? In 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. Contents Preface List of Contributors List of Abbreviations Part One: Introduction Introduction: The Equity Phenomenon • W.J. Zwalve and E. Koops Part Two: External Historical Aspects 1. The Equity of the Law: Law and Equity since Justinian • W.J. Zwalve 2. The Equity of the Common Law Courts • P. Brand 3. A House Built on Sand: Equity in Early Modern English Law • D. Ibbetson 4. Arbitrary Chancellors and the Problem of Predictability • M. Macnair Part Three: 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. Law and Equity at Odds: Liability of a Principal for Accidental Losses Suffered by his Agent • W.J. Zwalve Index of Persons Index of Sources In Law & Equity, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law? In this work, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law?