Abstract
The claims of English equity are contradicted by equity’s history and function. Equity’s diversity, inventiveness and flexibility accommodate new paradigms with ease without accountability for rational consistency. This ability produces paradoxes that mask the central function of equity as essentially, though not exclusively, an instrumentality of property. As an English legal category, equity has been extremely successful in lubricating the machinery of English law, providing it with a ready means of change to meet the needs of the dominant actors in society with little coherent, transparent and consistent connection to social justice or equality.
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More From: African Journal of International and Comparative Law
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