ABSTRACT

Julia Rudolph, in her book Common Law and Enlightenment in England, 1689–1750, attempts to recoup the common law as a furtherer of enlightenment rather than a force of resistance, albeit as a furtherer of a moderate and conservative enlightenment. 1 Equity, at least outside of the dysfunctional courts of equity, needs no such apology: equity outside of the law was a fellow traveler with the great revolutionary and progressive causes of the eighteenth century.