ABSTRACT

This chapter seeks to establish the importance of the relationship of instrumental equities to economic efficiency as guides in the construction, participation, and management of regimes. It emphasizes the value of replacing adversarial legal confrontations with managerial regimes of coordination and of distributive justice. The chapter attempts to establish criteria for the equitable distribution of the wealth in terms of the equities of proportionality. The concepts of equitable estoppel and laches emerge from the same fundamental ideas of reliance, confidence, the duty to give notice, and the attribution of knowledge in the one to whom notice is given. Equitable developments, standards, and values leading to the individualization of justice, provide the managerial regime with its modalities and materials of decision. Such a regime, directed to achieving equities as managerial goals, would have many advantages over the strict values commonly argued in confrontational situations and modes.