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The common law tradition has been characterized for centuries by a plurality of courts and legal systems, with distinct but often overlapping jurisdictions that were defined partly by territory and partly by subject matter. Perhaps the most prominent example was the interaction between the courts of common law (in the strict sense) and the Chancery, which administered the body of legal principles called Equity. Even though their separate courts, judges and practitioners were abolished in the 19th century, the interaction of their legal principles survives to this day. This paper examines whether the non-standard logic called ‘chunk and permeate’ can be used to understand the relationship between common law and Equity. In particular, it will consider whether a traditional threefold classification of Equity jurisdiction (into the exclusive jurisdiction, the concurrent jurisdiction, and the auxiliary jurisdiction) can be understood as constituted by three different ‘filters’ that control permeation of the norms of common law and Equity, seen as separate logical ‘chunks’. This paper is a chapter in a multidisciplinary collection that examines how non-standard logics can shed light on law and legal reasoning.
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