Epieikeia and the Common Law: The Rise and Fall of Equitable Interpretation of English Statutes

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Authors: Lorenzo Maniscalco
Cited by: 0

Abstract

It has been argued that the early modern association of the conscience-based jurisdiction of the Court of Chancery with Aristotelian equity or epieikeia was a rather natural one, which found fertile ground among those lawyers learned in civil and canon law that occupied the Chancery in early modern times. Indeed, medieval lawyers would probably have recognised the Chancery as a jurisdiction proceeding ex aequo et bono or de aequitate. However, the concept of equity did not have anything to do with St German’s epieikeia in this time. In fact, a more recent study by David Ibbetson has shown that anyone turning to civilian writings to explain the Chancery’s jurisdictions in terms of aequitas or epieikeia would have found the landscape far from intuitive.

Fields of Study & Subjects

Legal principles and applications Medieval and Early Modern Justice Legal Language and Interpretation

Publication details

Journal / source
Hart Publishing eBooks
Pages
71–94
Publication date
1 January 2026
Language
EN