A Tale of Two Remedies: Equity, Verb Aspect and the Whorfian Hypothesis (Legal Semiotics Monographs)

This volume presents a model which sets out in linguistic terms the process by which court decisions on equitable remedies (injunctions and specific performance) are reached. The process is explained in terms of the distinction between the perfective and imperfective aspects, which in European languages involves mainly the verb phrase. Justification for such an approach is based on the Whorfian hypothesis, which states that to a certain extent language determines thought. The hypothesis is applied to the origins of the remedies, and the development of the aspectual system in Middle English. With case studies of American and English cases from both the 15th century and modern period, the book should be of interest to both legal historians and students of the linguistics of law.