Converging Histories of 'Equity' in Common Law and Civil Law Traditions

Document Type

Research Article

Abstract

Equity is very central to the evolution of any society or legal structure. It is documented to have been central to the development of ancient civilisations. This article concerns itself with juridical equity, i.e., the sense of equity, inspired by its socio-economic and political notions, applied by courts in adjudication of disputes. In the backdrop of accounts advocating divergence in the understanding of equity in common law and civil law systems, this article undertakes a historical and comparative analysis of juridical equity in ancient Greece, Rome, and medieval England. It is demonstrated and argued that the juridical equity developed, although centuries apart, through the same set of processes and has played a similar role in the said jurisdictions. It is further argued that accounts advocating the divergence focus more on technicalities and procedures of the courts rather than the very spirit of equity and the role it played.

Publication Date

2026

Journal

RGNUL Student Research Review

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