A Completely Different Story: Equity, Fairness and Literature

Reading The Concept of Equity. An Interdisciplinary Assessment (Universit tsverlag Winter, Heidelberg, 2007), edited by Daniela Carpi, is a good example of the Law and literature approach. In the three sections of this paper, however, three qualifications to this approach are produced: a) literary criticism and legal theory remain different matters; b) legal theory, and legal history too, have to distinguish external from internal equity, which are branches of morals and law respectively; c) a different story of equity is possible: not good equity vs. bad law, but just the opposite.