Tutta un’altra storia. Equity, diritto e letteratura

Abstract

The reading The Concept of Equity. An Interdisciplinary Assesment (Universitätsverlag Winter, Heidelberg, 2007), edited by Daniela Carpi, is a good exemple of Law and literature approach. In the three sections of this paper, however, three qualifications to such approach are produced: a) literary criticism and legal theory do remain different matters; b) legal theory, and legal history too, have to distinguish external from internal equity, which are branches of morals and law respectively; 3) a different story of equity is possible: not good equity vs. bad law, but just the opposite.