Daniela Carpi (ed.), Practising Equity, Addressing Law. Equity in Law and Literature, Winter, Heidelberg 2008
The present volume stems from our previous research on The Concept of Equity: A Diachronical Assessment (2007). The essays in this new collection demonstrate how lively and active the debate on equity has been and how difficult it is to find a concluding word on this topic. In literature a new idea concerning equity is slowly being shaped. The discourse offered by literature is of an alternative kind; we are reminded of the utopian function of equity in Plato’s Republic, where it aims at transcending reality and the mimetic description of it. There is something mysterious about equity: we cannot grasp it easily in terms of rational argumentation. It is all about norm and its inversion; at the same time it is deconstructive. Thus sometimes equity appears to be beyond the sphere of reality and takes us into a mysterious and incomprehensible world.
TABLE OF CONTENTS
DANIELA CARPI
Introduction 7
JEANNE GAAKEER
Law in Context, Law, Equity, and the Realm of Human Affairs 33
ERIC RABKIN
Fantasies of Equity 71
CRISTINA COSTANTINI
The Judicature Acts and the con-fusion of Law and Equity 91
GARY WATT
The Sword of Equity 99
LEIF DAHLBERG
Achilles’ Foot and the Law: Legal Space(s), Striated and Smooth 119
IAN WARD
The Feint of Equity: The Huntingdon Case 141
CHIARA BATTISTI
Equity and Otherness: The Shadow of Terrorism 167
MARIA MIGLIAZZA
Equity and Human Rights under International Law 177
HEINZ ANTOR
Diversity, Cosmopolitanism and Ethics in the Age of Inter- and Transculturalism 191
PAUL RAFFIELD
Shakespeare’s Imaginary Constitution: Justice, Fairness and the Dramatic Representation of Law 207
PAOLA BASEOTTO
Equity in Action: The Trial and Execution of Mary Queen of Scots in Spenser’s Faerie Queene 223
GIUSEPPINA RESTIVO
Equity v. Revenge in Shakespeare: re-considering The Merchant of Venice, As You Like It, Hamlet 231
REGINA M. SCHWARTZ
Justice and Law in The Merchant of Venice 247
RICHARD CAVE
Endings in Renaissance Comedy: Ben Jonson and Richard Brome 263
KLAUS STIERSTORFER
Adam Smith: Literature as Equity? 285
PATRIZIA NEROZZI BELLMAN
Equity on Trial: Judicial Cases in the Novels of Richardson and Fielding 295
YVONNE BEZRUCKA
A Tale of Two Cities: Charles Dickens’s Political Examination of Law, Legalized Violence, Authority, and Retributive Justice 317
RÜDIGER AHRENS
Equity as Ethical Principle in the Scottish Enlightenment and in Postcolonial Literatures 335
MARA LOGALDO
Crime Sublime: Literary Mercy and the Law in Truman Capote’s In Cold Blood 355
DANIELA CARPI
Tim Parks’s Judge Savage: a Quest for Atonement 367
SIDIA FIORATO
Justice and Lawyers at Court: Reflections on P.D. James’ A Certain Justice 381
CRISTINA GATTI
The [In]equitable Quest for Language Diversity 403
MARINA BONDI AND DAVIDE MAZZI
The Words of Equity: an Analysis of a Corpus of Judgments 425
PAOLA VETTOREL
Equality Through Language? A Matter of Inclusiveness 447