Book contents
- Equity and Law
- Equity and Law
- Copyright page
- Contents
- Figures
- Table
- Contributors
- Acknowledgements
- Abbreviations
- Table of Cases
- Statutes
- 1 Fusion and Theories of Equity in Common Law Systems
- Part I Legal Systems and Legal Institutions
- Part II Fusion and Fission in Doctrine and Practice
- Part III Functional, Analytical and Theoretical Views
- 13 Wrongful Fusion
- 14 Avoiding Anarchy?
- 15 Equity and the Modern Mind
- 16 An Argument for Limited Fission
- 17 ‘Single Nature’s Double Name’
- Index
14 - Avoiding Anarchy?
Common Law v. Equity and Maitland v. Hohfeld
from Part III - Functional, Analytical and Theoretical Views
Published online by Cambridge University Press: 26 July 2019
- Equity and Law
- Equity and Law
- Copyright page
- Contents
- Figures
- Table
- Contributors
- Acknowledgements
- Abbreviations
- Table of Cases
- Statutes
- 1 Fusion and Theories of Equity in Common Law Systems
- Part I Legal Systems and Legal Institutions
- Part II Fusion and Fission in Doctrine and Practice
- Part III Functional, Analytical and Theoretical Views
- 13 Wrongful Fusion
- 14 Avoiding Anarchy?
- 15 Equity and the Modern Mind
- 16 An Argument for Limited Fission
- 17 ‘Single Nature’s Double Name’
- Index
Summary
Hohfeld argued that Maitland was wrong to consider that equity did not conflict with the common law. To Hohfeld, conflict between legal and equitable rules existed if the application of one would produce a result different from the application of the other. But Hohfeld’s own analysis shows this approach to conflict to be inadequate. On Hohfeld’s analysis, Maitland proves to be correct: when the forms of legal entitlements must be brought into account, it can be seen that the rules of law and equity in most cases indeed do not conflict. And those rules correspond to distinct purposes in law. This is demonstrated through analysis of the express trust and extended then to another area in which legal and equitable rules have been said to conflict – in the law of assignment.
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- Equity and LawFusion and Fission, pp. 331 - 352Publisher: Cambridge University PressPrint publication year: 2019