This chapter presents Kames's distinctive theory of equity which rests on his concepts of moral philosophy, as discussed especially in chapter 3. To put Kames's ideas in context, the idea of “equity” in the laws of England and of Scotland are discussed in outline first. These are contrasted with Kames's applied moral philosophy from which his concept of equity emanates. The latter part of the chapter deals with the system of Kames's Principles of Equity (1760) and the relevance of Kames's equity conception in law and legal theory today.
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