The Law's Conscience

Equitable Constitutionalism in America

By Peter Charles Hoffer | Publisher: The University of North Carolina Press

About the book

The Law’s Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor’s court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies.

Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen’s Bureau after the Civil War; the emergence of the doctrine of “Balance of Equity” in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

Editions of The Law's Conscience

Hardcover
ISBN 9780807819197
Paperback
ISBN 9780807842942
EBook
ISBN 9780807862063
PDF
ISBN 9798890866172

Read an Excerpt

The Law’s Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor’s court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies.

Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen’s Bureau after the Civil War; the emergence of the doctrine of “Balance of Equity” in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

Frequently Asked Questions

What is The Law's Conscience about?

The Law’s Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor’s court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies.

Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen’s Bureau after the Civil War; the emergence of the doctrine of “Balance of Equity” in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

What core themes, tropes, or subjects are explored in The Law's Conscience?

Law > Jurisprudence and general issues > Legal history

Where can I read a sample of The Law's Conscience?

You can read an official preview of the few pages here https://www.book2look.com/book/9780807819197

How long is The Law's Conscience and how many pages does it have?

The Law's Conscience has 316 page(s)

Who is/are the Author/s of the book The Law's Conscience?

Peter Charles Hoffer

Who is the Publisher of the book The Law's Conscience?

The University of North Carolina Press

What are the ISBN numbers for the physical and digital editions?

The Law's Conscience is available as hardcover(ISBN 9780807819197) and paperback(ISBN 9780807842942) and ebook(ISBN 9780807862063) and pdf(ISBN 9798890866172)

Where can I buy The Law's Conscience online or support local independent bookshops?

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Where can I buy The Law's Conscience?