Private Law Theory

ABSTRACT
This chapter considers the ‘equity will not’ doctrines, such as ‘equity will not enjoin a crime’, ‘equity will not protect personal rights’, ‘equity will not punish’, and ‘equity will not protect political rights’. It analyzes the formal structure of these doctrines (ie, rule-exception) and their functions, especially how they shape access to equity and help to preserve equity’s legitimacy. This chapter also briefly considers their current status, suggesting that most are still in use today, and concludes by arguing that they have enduring functions, even if their traditional scope may need to be adjusted.

Bray, Samuel L, Equity Will Not … (August 29, 2023), in Interstitial Private Law (Samuel L Bray, John CP Goldberg, Paul B Miller and Henry E Smith eds, 2023 Forthcoming).