Equity 's Role And True Nature Essay

1695 WordsDec 13, 20167 Pages
Equity’s role and true nature has been and is still widely discussed. The word ‘equity’ refers to fairness, then in the case of the law its origins was based on addressing the shortcomings of the common law. Equity gave the people another way of accessing justice, with different remedies and bringing morality into the law. The place of morality in equity in its current position seemingly has changed, but if its presence is still relevant it does The quote from Sir Nathan Wright puts equity at an assisting role to common law, which goes along with the early intentions of it. However, the question then arise whether is equity has become its own entity or if it has been fused with the common law. Also, if this is not the case then what is the current role and impact of equity. The main issue that critics have with fusion is the perceived fundamental differences of equity and the common law, as one is known for its flexibility and the other for its set and rigour structure. These are the issues this article will attempt to discuss by focusing on three main elements. Firstly, it is important to look at equity’s origin before being able to discuss its working in the current day equity. Secondly, after examining the origins of equity it is useful to discuss the idea of equity being a moral virtue, as this is part of its origin and to then examine if this is still considered the case today. Thirdly, there can hardly be a discussion on equity without looking in to the idea of
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