Philosophical Foundations of the Law of Equity

Dennis KlimchukIrit Samet & Henry E. Smith
Release date:30 March 2020 (expected)
Language:English
Pages:400
ISBN:9780198817659
Publisher:Oxford University Press
Price:€ 127,00

The law of Equity is unique in exhibiting a lack of consensus about its most fundamental questions, including its legitimacy and efficiency. This volume explores in depth some of the essential questions that surround the law of Equity, and offers a major contribution to the study of a body of law that informs large areas of private law.


Dennis Klimchuk

Dennis Klimchuk is an Associate Professor – Graduate Program Chair. Cross Appointment with Faculty of Law and Member, Rotman Institute of Philosophy. Philosophy of Law, History of Political Philosophy. BA, MA Manitoba; PhD Toronto.


Irit Samet

Irit Samet is a Professor in the Dickson Poon School of Law, which she joined in 2008. She was previously a Lecturer in Law at Mansfield College, Oxford (2006-2007), and a lecturer at the University of Essex (2008). She read law and philosophy in Israel and completed her doctorate at Oxford. Her main research interests lie in the Law of Equity, Property Law, and the theory of private law. She published papers on these subjects in leading journals (like OJLS, MLR), and her book on the theory of Equity Law was published by OUP in 2018. She is a course convener for the undergraduate module of Equity and Trusts, and teaches philosophy of property law as an option B part of the Jurisprudence course, and research seminars in property law.


Henry E. Smith

Henry E. Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. Previously, he taught at the Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He holds an A.B. from Harvard, a Ph.D. in Linguistics from Stanford, and a J.D. from Yale. After law school he clerked for the Hon. Ralph K. Winter, United States Court of Appeals for the Second Circuit. Smith has written primarily on the law and economics of property and intellectual property, with a focus on how property-related institutions lower information costs and constrain strategic behavior. He teaches primarily in the areas of property, intellectual property, natural resources, remedies, and law and economics. His books include The Oxford Introductions to U.S. Law: Property (2010, coauthored with Thomas W. Merrill), Property: Principles and Policies (3d ed., 2017, coauthored with Thomas W. Merrill), and Principles of Patent Law (7th ed., 2018, co-authored with John M. Golden, F. Scott Kieff, and Pauline Newman). He is the co-editor of The Research Handbook on the Economics of Property Law (2011, with Kenneth Ayotte), Philosophical Foundations of Property Law (2013, with James Penner), and Perspectives on Property Law (4th ed., 2014, with Robert C. Ellickson and Carol M. Rose). In 2015-2016, Smith served as the President of the Society for Institutional and Organizational Economics, and in 2014, the American Law Institute named him Reporter for a Fourth Restatement of Property.