Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-9pm4c Total loading time: 0 Render date: 2024-04-26T11:12:46.187Z Has data issue: false hasContentIssue false

4 - What Did the Makers of the Judicature Acts Understand by ‘Fusion’?

from Part I - Legal Systems and Legal Institutions

Published online by Cambridge University Press:  26 July 2019

John C. P. Goldberg
Affiliation:
Harvard Law School, Massachusetts
Henry E. Smith
Affiliation:
Harvard Law School, Massachusetts
P. G. Turner
Affiliation:
University of Cambridge
Get access

Summary

Apart from the fact that the meaning of “fusion” is debated today in relation to law and equity, its meaning was contested by the participants in the debates that led to the reforms which “fused” the courts of common law and of equity – and others – in England in 1875. The understandings of fusion among these people differed for various reasons. Where some lawyers thought equity inherently different to common law, fusion concerned the substance of the law. Some saw fusion as relating only to differing procedures used in courts of equity and courts of common law, while others again treated fusion as a necessary change of the legal profession: the specialisation and mutual ignorance by equity and common lawyers of one another had to be overcome. The legal reforms pursued to achieve these conflicting ends also changed, ultimately becoming reforms of the entire judicature not merely of law and equity.

Type
Chapter
Information
Equity and Law
Fusion and Fission
, pp. 70 - 96
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×