A Dignity Theory of Equity

This thesis seeks to advance understandings of the relationship between dignity and Equity, and how Equity can work in practice to address contemporary dignitary challenges. It asks what role Equity plays in upholding dignity within the common law system. Through an exploration of jurisprudential literature on dignity and Equity, the thesis argues that current legal theories do not adequately account for the roles the other plays in each concept's relationship with the law. In response, the thesis establishes the 'Dignity Theory of Equity' (DTE) in which Equity, through its central notion of conscience, is understood as functioning to uphold a standard of human dignity that recognises persons as moral ends and insists upon treating individuals as such within the scope of their interpersonal relations. So understood, Equity engages the human capacities of conscience, through which individuals and courts alike are able to recognise human dignity. It does so by demanding the embodiment of a corresponding moral value (dignity) of human conduct from parties, as well as (dignity) of the common law system of private law (including its judicial institutions and offices).

More specifically, the DTE illuminates how Equity deploys conscience to uphold the deeper 'persons as ends' conception of human dignity within a private law system centred on a shallower 'fundamental freedoms' conception of dignity through Common Law. That is, when those freedoms would permit interpersonal conduct inconsistent with the standing of another person as a moral end. Importantly, the DTE demarcates the interpersonal scope inside which Equity's conscience operates and ensures a deeper standard of human dignity is actionable through common law courts.

Two contemporary doctrinal case studies are undertaken to demonstrate the DTE and how its understanding of Equity can assist courts to more effectively uphold dignity. These show how the DTE is embodied in the Equitable claims of unconscionable dealing and breach of confidence and their actual and potential application to two current private law issues-the gig economy and unauthorised disclosure of private sexual images.

The thesis concludes that the DTE provides a better understanding of Equity's distinctive role in the common law system. This, in turn, allows Equity to better fulfil that role by addressing exigent interpersonal dignitary problems presented by the implications of Common Law's shallower conception of dignity.