01 / Reading Guide
Reading Guide
Who this book is for
For students investigating why equity developed alongside ordinary law and how equitable reasoning can be constrained by principles. Kames provides a historical argument to examine rather than a modern catalogue of trusts doctrine. The editorial introduction helps situate his Scottish perspective and comparisons with English institutions.
Prerequisites
Take an introductory law course before approaching the treatise. Know the difference between a legal rule, a remedy and a court’s jurisdiction; some familiarity with eighteenth-century prose and British legal history is helpful.
What it covers
The treatise’s three books derive equitable powers from justice and utility and examine their application to particular legal problems. Kames asks whether equity should be governed by rules and how it relates to common law and separate courts. The edition also supplies earlier-edition material and editorial apparatus, allowing readers to study revision and intellectual context as well as the mature argument.
How to use it
Begin with Lobban’s introduction and Kames’s prefatory material. For one example, identify the ordinary rule, the perceived injustice and the equitable response. Ask whether the response rests on justice, utility or both, then formulate a limiting principle. Compare the treatment with an introductory modern account, keeping historical terminology separate from today’s rules. Use the appendices to investigate a change between editions.
Edition and sources
Liberty Fund’s complete 680-page 2014 PDF presents the 1778 third edition with modern editorial material. The stated ISBN is the paperback’s. The publisher authorizes free reading; its modern introduction, apparatus and index remain copyrighted. The book concerns historical Scotland and England and should not be used as current trusts or remedies advice. Bibliographic record. Complete free text.
