In the traditional account of English Chancery, what was the moral foundation of equity?
Conscience was the traditional moral foundation of English Chancery’s equitable jurisdiction. The Chancellor’s intervention where ordinary legal remedies were inadequate…
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In the traditional account of English Chancery, what was the moral foundation of equity?
Answer and explanation
Correct answer B
Conscience was the traditional moral foundation of English Chancery’s equitable jurisdiction. The Chancellor’s intervention where ordinary legal remedies were inadequate developed into a body of doctrine expressed in judicial decisions.
Option feedback
Option A
Statutes may govern equitable remedies, but the historical moral foundation asked for is conscience.
Option B
The Chancellor’s exercise of equitable jurisdiction was historically associated with conscience.
Option C
Custom can inform legal rules, but the traditional account of Chancery identifies conscience as the moral foundation.
Option D
Judgments articulate equitable rules. The question asks for the traditional moral foundation of that jurisdiction.
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