Equity and Administration

P. G. Turner (University of Cambridge)

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Hardback

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English

Cambridge University Press
26 May 2016

Common law; Comparative law; Private international law & conflict of laws; Equity & trusts

Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.

Edited by: P. G. Turner (University of Cambridge)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 237mm, Width: 160mm, Spine: 38mm
Weight: 1.010kg
ISBN: 9781107142732
ISBN 10: 1107142733
Pages: 602
Publication Date: 26 May 2016
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

P. G. Turner is University Lecturer in the Faculty of Law, University of Cambridge, and a Fellow of St Catharine's College, Cambridge. He holds undergraduate degrees from the University of Sydney and the University of Cambridge. He has worked as a judicial assistant in the New South Wales Court of Appeal, as a solicitor in Sydney, and as a Legal Officer of the Australian Law Reform Commission.

Reviews for Equity and Administration

'[The book] examines modern equity's impact on both private and public administration. Thirteen essays and accompanying commentaries - composed by scholars, practitioners, and jurists from across the former British Empire - reveal modern equity's distinguishing characteristic: its 'facilitative nature' ... All told, Equity and Administration offers something for everyone: for fiduciaries and commissioners alike, equity has a role to play.' Harvard Law Review