Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wzw2p Total loading time: 0 Render date: 2024-05-09T16:13:02.756Z Has data issue: false hasContentIssue false

10 - Interpretatio ex aequo et bono

The Emergence of Equitable Interpretation in European Legal Scholarship

Published online by Cambridge University Press:  10 August 2020

Michael Lobban
Affiliation:
London School of Economics and Political Science
Ian Williams
Affiliation:
University College London
Get access

Summary

The concept of equity is often assimilated with that of Aristotelian epieikeia, a process that corrects rules when their application to a certain case would be unjust or contrary to the intention of the legislator. In the middle ages - while theologians had written at length on the concept of epieikeia - glossators, commentators, and canonists adopted a concept of aequitas completely unrelated to it. This barrier between law and theology lasted throughout the medieval period. By the mid-sixteenth century the concept of epieikeia had become familiar to legal writers and, through the work of humanist jurists, was explicitly associated with aequitas. The introduction of epieikeia in legal scholarship opened the door to the influence of scholastic theology over the concept of equity, as lawyers and theologians worked together to build a novel concept of aequitas/epieikeia as judicial power to interpret law beyond its letter.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

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
×