Private Law Theory

Abstract
This book analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to the contentious conversation about law – equity fusion in other countries of the common law, the book provides a historical, doctrinal, and theoretical account of the defense, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. The analysis includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in equity – its cultivation, preservation, and celebration.

Anenson, T Leigh, Introduction to Judging Equity: The Fusion of Unclean Hands in US Law (March 4, 2018). ‘Judging Equity: The Fusion of Unclean Hands in US Law’, Cambridge University Press (November, 2018, forthcoming).

First posted 2018-08-21 06:10:07