ABSTRACT
What has received only limited attention in this volume, thus far, is any detailed discussion of the
conscience which is at the heart of equity.56 William Swadling has expressed his concern with this
notion in other places57 and a similar taxonomy of trusts presented at the symposium suggests that
his affection has not grown. Equity operates ostensibly through judicial discretion against the
conscience of the individual defendant and yet it is based on formally-generated, juristic principles.
