Introduction: The Equity Phenomenon

Abstract

This introductory chapter gives an overview of concepts of subsequent chapters covered in the book Law & Equity . The 'equity phenomenon' is approached in the book from two different angles. The first concerns two systems of substantive positive law, classical Roman law and English law, both consisting of two different branches: ius civile and ius honorarium in Roman law, and Common law and Equity in English law. They were developed in order to support, amend and correct the other branch of the law, ius civile in Roman law and the common law in English law. A Roman praetor amended Roman Common law primarily, though not exclusively, by announcing new rules of law in his annual edictum , that is to say by acts of legislation. The emergence of a series of reliable Equity reports and a specialized Bar and Bench have ensured the reliability which English Equity attained in the 19th century. Keywords: English equity; English law; equity phenomenon; Roman law