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A Subaltern Theory of Equity

A Subaltern Theory of Equity KWAME AKUFFO Such is the unity of all history, that anyone who endeavours to tell a piece of it must feel that his first sentence tears a seamless web. F. Pollock and F. W. Maitland, The History of English Law, Vol. 1, Law Books Exchange (1996), p. 1. I. INTRODUCTION Law has long been thought worth studying for its intrinsic philosophical or social interest and importance, which relates to but extends beyond its immediate instrumental value or professional relevance. In this sense, (as Holmes puts it), law is "a great anthropological document'. 1 Thus, beyond mere scholastic curiosity or even indulgence, this `anthropological document' provides us with the facility to transcend the normal professional needs of the legal practitioner for specific answers to a particular legal problem, and helps us to achieve a more general understanding of law, provenance, utility and the future. In this context, there are fewer areas of inquiry more engaging and revealing than a study of the development of the common law system and the various strands that have come together to provide it with its particular structure, content and philosophy. One specific and central strand of the common law system, which is the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0138
Publisher site
See Article on Publisher Site

Abstract

KWAME AKUFFO Such is the unity of all history, that anyone who endeavours to tell a piece of it must feel that his first sentence tears a seamless web. F. Pollock and F. W. Maitland, The History of English Law, Vol. 1, Law Books Exchange (1996), p. 1. I. INTRODUCTION Law has long been thought worth studying for its intrinsic philosophical or social interest and importance, which relates to but extends beyond its immediate instrumental value or professional relevance. In this sense, (as Holmes puts it), law is "a great anthropological document'. 1 Thus, beyond mere scholastic curiosity or even indulgence, this `anthropological document' provides us with the facility to transcend the normal professional needs of the legal practitioner for specific answers to a particular legal problem, and helps us to achieve a more general understanding of law, provenance, utility and the future. In this context, there are fewer areas of inquiry more engaging and revealing than a study of the development of the common law system and the various strands that have come together to provide it with its particular structure, content and philosophy. One specific and central strand of the common law system, which is the

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2016

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