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Four theses: preliminary to an appeal to equity.
From:
Stanford Law Review
| Date:
May 1, 2005| Author:
Shanske, Darien
| COPYRIGHT 2005 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
|
INTRODUCTION
I. ARISTOTLE ON EPIEIKEIA
II. THESIS 1: ARISTOTELIAN EQUITY HAS BEEN RECEIVED INTO WESTERN
LAW NUMEROUS TIMES, AND THIS RECEPTION IS ONGOING
III. THESIS 2: ARISTOTELIAN EQUITY IS NOT PRIMARILY LEGAL
IV. THESIS 3: THERE IS NO UNIFIED CONCEPT OF EQUITY
A. Equity and Logic
B. Equity and Process
C. Equity and Substance
D. Equity and Politics
E. Equity in History
F. Equity as Metaphysical
V. THESIS 4: THE PRIMARY ASPECTS OF EQUITY HAVE METAPHYSICAL
GROUN...
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