ABSTRACT

This essay falls into four parts. First, a consideration of the intellectual distinctions between the philosophy of human rights and the philosophy of equity. Secondly, an analysis of the possible applications of human rights law to the norms of trusts law. Thirdly, an analysis of the manner in which family law and child law approach questions as to ownership and occupation of the home differently from trusts law. Fourthly, a consideration of how these various approaches conceive differently of socially just conclusions to the questions which they consider.