On The Equity Concept Of Roscoe Pound

Equity is a very important concept in Anglo-American common law. Roscoe Pound regards the relationship between laws and equity as a basic issue in the study of jurisprudence. From the era of Aristotle, a number of jurists launched kinds of discussion and argument on equity, and believed that the role of equity merely lies in filling the gap of laws. The equity concept of Pound develops the above theories, as well as inherits them, which is mainly reflected in the following respects, that is, amending the traditional concept of equity, keeping reason and experience integrated in equity, and presenting new perspectives of interests balancing. This thesis attempts to systematically study the equity concept of Pound through the aspects of its ideals, objects and embodiment in judicial process in his main works, so as to provide some rewarding enlightenment and reference for our judicial practice.