ABSTRACT
A new theory is needed to account for Equity’s role in upholding dignity. This article establishes that necessity through a review of recent developments in practice and existing legal theories. Canadian and Australian courts have resorted to Equity to address exigent and contemporary dignitary concerns in the spheres of workplaces and intimate relationships. These decisions provoke the question of whether a characteristic role is played by Equity in upholding dignity. Existing theories of the relationship between dignity and law and theories of Equity both point toward such a role. None, however, give a complete answer. This article draws upon the cases and theoretical contributions to lay the groundwork for a new theory that offers such an account.
Raul Madden, Why we need a dignity theory of equity, Jurisprudence: An International Journal of Legal and Political Thought. Published online: 27 May 2025.
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