‘Equity fetishism : an analysis and theory of civil justice in modernity’

ABSTRACT
This thesis argues that the law of Equity is a means to complete justice for stakeholders of capitalism with a desire for and need to believe in the certainty and perfectibility of the symbolic of capitalist reason and logic. By applying a Marxist Freudian reading I claim that stakeholder desire for and insistence on certainty and perfectibility within contexts of Anglo-American, Western, capitalist civil justice is both characteristic of subjugation to the reason and logic of capital, and symptomatic of the power of the unconscious and of fantasy on subjectivity within capitalism. Starting with an account of the Tudor jurist, statesman and Lord Chancellor Thomas More in the sixteenth-century, this thesis explores the long durée of Equity and civil justice, including analyses of the role a neurotic legal community has in defining conscience, discretion and flexibility within the principles, substance and procedures of civil justice upon which the stakeholder relies. Equity, therefore, provides a means for stakeholder’s to express their desire for what is missing, what they lack, in the symbolic, and the response to this desire is, I claim, the construction of an elaborate fantasy: Equity fetishism …

Herian, Robert (2018) Equity fetishism : an analysis and theory of civil justice in modernity. Doctoral thesis, Birkbeck, University of London. Date Deposited: 20 Dec 2018 13:01.

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