La question de la fusion de la common law et de l'equity en droit anglais. A propos de l'ouvrage Equity de Sarah Worthington [Merging Common Law and Equity. About Sarah Worthington's Equity]

EJM Descheemaeker

Research output: Contribution to journalArticle (Academic Journal)

Abstract

English judge-made law, like Roman law in its own time, is divided into strict law and equity. Today, this division can be described as hysteretic, insofar as it is based on now by-gone causes. The issue is therefore bound to arise, 130 years after their procedural fusion, of the substantive fusion (or integration) between these two bodies of law. The present shorter article follows up on Professor Worthington’s recent Equity, in which the writer advocated this option and, for the first time, attempted to flesh it out in a methodical fashion. It sets out to examine the taxonomical argument for fusion. Its gist is that the concept of equity, being defined procedurally rather than substantively, is an intruder within the modern English legal landscape, which is dominated by substance-based categories. This means that the only option for equity is to disappear as an autonomous legal category.
Translated title of the contributionLa question de la fusion de la common law et de l'equity en droit anglais. A propos de l'ouvrage Equity de Sarah Worthington [Merging Common Law and Equity. About Sarah Worthington's Equity]
Original languageEnglish
Pages (from-to)631 - 650
Number of pages20
JournalRevue Juridique Thémis
Volume41
Publication statusPublished - 2007

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