Equity as Meta-Law.¶
Smith, H. E. (2021). Equity as Meta-Law. Yale Law Journal, 130(5), 1050-1142.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Equity
- This judgment is not arbitrary; it is constrained by principle, precedent, and transparency about the reasoning, an internal structure Newman (2014) maps in his lectures on equitable doctrine.
This sourceReconceives equity as 'meta-law' that supplements and sometimes overrides primary law via principled triggers (bad faith, disproportionate hardship), mapping how discretionary equitable judgment is internally structured and constrained rather than reduced to bare preference.
Supported in partVerified against the work's full text
Smith's article argues equity is not arbitrary but structured by triggers (bad faith, hardship) and maxims signalling meta-law reasoning; it does not name precedent or reasoned transparency as the constraints.
“they are signals that meta-law reasoning is occurring”
- This judgment is not arbitrary; it is constrained by principle, precedent, and transparency about the reasoning, an internal structure Newman (2014) maps in his lectures on equitable doctrine.
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