Jump to ContentJump to Main Navigation
Private Law and the Rule of Law$
Users without a subscription are not able to see the full content.

Lisa M Austin and Dennis Klimchuk

Print publication date: 2014

Print ISBN-13: 9780198729327

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198729327.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 July 2020

Equity and the Rule of Law

Equity and the Rule of Law

Chapter:
(p.247) 11 Equity and the Rule of Law
Source:
Private Law and the Rule of Law
Author(s):

Dennis Klimchuk

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198729327.003.0012

This chapter makes a case against two views that are widely held, if only implicitly. The first is that the rule of law is essentially a public law doctrine. The chapter argues that behind the various principles commonly said to be rule of law principles—e.g. that the law must be clear and prospective; that the powers of government must be separated—is a more basic principle that governs not just the relation between citizens and the state but rather legal relations generally, namely that under law persons cannot subject others to arbitrary power. The second view is that equity is at odds with the rule of law. This chapter argues, in contrast, that at least those doctrines of the law of equity that are equitable in what the chapter claims to be Aristotle’s sense (including for example estoppel and trusts) uphold the rule of law, understood as opposed to arbitrary power.

Keywords:   equity, rule of law, arbitrariness, estoppel, trusts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .