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Eine ganz andere Geschichte. Equity, Recht und Literatur
Barberis, Mauro
2011
Abstract
The recently published volume The Concept of Equity. An Interdisciplinary
Assessment (Universitätsverlag Winter, Heidelberg, 2007),
edited by Daniela Carpi, is a good example of the Law and literature
approach in the studies of English literature. However, this approach
calls for further assessment in three particular problem areas, which
this paper attempts to address. It first has to be pointed out, that literary
criticism is essentially foreign to the theory of law, even though some
parallels do exist, when both fields are viewed historically. The second
problem is the understanding of equity itself: it calls for differentiation
between external equity, which can be viewed as an alternative
to common law, and internal equity, which is an in independent factor
of fairness, even though external equity – as shown in the case of
English literature – often becomes internal in relation to the law. The
third topic is the possibility of a different story of equity: the one that
is not based on the opposition between good equity and bad law, but
confronts the concepts of bad equity the good law.
Series
Slavica Tergestina
13 (2011)
Publisher
EUT Edizioni Università di Trieste
Source
Mauro Barberis, "Eine ganz andere Geschichte. Equity, Recht und Literatur", in: Slavica Tergestina, 13 (2011), pp. 212-223
Languages
de
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