'The Moloch and Belial of the Bar': Chancellors Thurlow and Loughborough's Contributions to Equity and Their Posthumous Reputations

37 Pages Posted: 9 Mar 2008

See all articles by Adam S. Hofri-Winogradow

Adam S. Hofri-Winogradow

Peter A. Allard School of Law, the University of British Columbia

Date Written: March 1, 2008

Abstract

Edward Thurlow and Alexander Wedderburn, the two last Lord Chancellors of the eighteenth century, figure in the standard histories of English law as lightweight jurists and unprincipled politicians. The article examines two of their more substantial contributions to equity: they extended the equitable protection of non-commercial debtors from their creditors, and limited the application of the Roman rule, received in English equity, holding void clauses making children's entitlement to their portions conditional on parental consent to their choice of spouse, to children marrying during minority. The article then explains their bad posthumous reputations as a result of their contemporaries' and nineteenth century commentators' dislike for their naked careerism and opportunism, along with the tightening of the puritanical screws at the turn of the eighteenth century.

Keywords: Chancery, England, equity, property, debtor, creditor, marriage, consent clause, roman law, eighteenth century, legal history

JEL Classification: N13, N43

Suggested Citation

Hofri-Winogradow, Adam S., 'The Moloch and Belial of the Bar': Chancellors Thurlow and Loughborough's Contributions to Equity and Their Posthumous Reputations (March 1, 2008). Available at SSRN: https://ssrn.com/abstract=1104402 or http://dx.doi.org/10.2139/ssrn.1104402

Adam S. Hofri-Winogradow (Contact Author)

Peter A. Allard School of Law, the University of British Columbia ( email )

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Vancouver, BC V6T 1Z1
Canada

HOME PAGE: http://allard.ubc.ca/about-us/our-people/adam-s-hofri-winogradow

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