The Evolution of Justice, Equity, and Equality Practical Wisdom from the Past

Introduction. Kaleidoscope

1 The Historian’s Craft and Ethical Values. A Lesson from Aristotle

2 Justice as an Empty Principle in Post-Structuralist Legal Thought. Towards Neohistorical Jurisprudence?

PART 1 Law & Justice

3 The Concept of Justice in Polish Municipal Law in the 16th–18th Centuries

4 Good Morals as the Yardstick of Cartels’ Validity in Hungarian Private Law at the Turn of the 20th Century

PART 2 Law & Equity

5 Legitimacy and Equity in the 11th Century? Age-Old Messages from Susali

6 Visions of Equity

7 The Concept of Equity in Austrian Private Law. From the Origins of the Austrian General Civil Code (ABGB) to the Present Day

PART 3 Law & Equality

8 Liberty and Inequality in Cicero’s Oratio Pro Sestio

9 Equity and Equality in Richard Francis’s Maxims of Equity

Biography

Iwona Barwicka-Tylek (Jagiellonian University in Krakow, Poland) is an associate professor in the Chair of the History of Political and Legal Doctrines. Her main academic interests include the evolution of fundamental ethical concepts (freedom, justice), in Western and Central European culture, with a particular focus on the Aristotelian heritage.

Jan Halberda (Jagiellonian University in Krakow, Poland) is an associate professor in the Chair of General History of the State and Law. His recent research was conducted as a visiting researcher at Yale Law School (Spring Term 2024). He is an attorney-at-law and an expert witness (in the field of foreign law – common law jurisdictions).

Maciej Mikuła (Jagiellonian University in Krakow, Poland) is a professor at the Jagiellonian University, author and editor of several monographs on late medieval law in Central Europe. He is also a principal investigator of numerous projects, including “IURA. Sources of Law of the Past” (https://iura .uj .edu .pl).

"This edited volume illuminates the intricate ties between justice, equity, and equality by exploring historical contexts and developments. Through the lens of practical wisdom, the book challenges modern legal perspectives, inviting readers to reframe today’s law based on experience of the past. Its concise, insightful analysis challenges readers to reimagine the concepts of justice and equity in today’s globalized society. By tracing the roots of justice, equity, and equality, this book blends progressive methodological perspectives with insightful reflections on the cultural determination of law and justice.”

Soren Koch, University of Bergen

"An illusive concept illuminated by an impressive array of specialists"

James Gordley, Tulane Law School