Furtaw on Nemo Tenetur in Equity

Alexander Furtaw, University of Notre Dame Law School, has posted Nemo Tenetur in Equity: Revisiting Chancery's Adoption of the Nemo Tenetur Rule in the Seventeenth Century:

This paper examines Professor Michael T. Macnair's contention that the English Court of Chancery adopted the canon-law nemo tenetur rule in the seventeenth century and concludes that Chancery did not adopt the nemo tenetur rule as Macnair concluded. Rather, the cases that Macnair identified as evidence of Chancery's application of the nemo tenetur rule are merely examples of Chancery's application of equitable rules concerning penalties and forfeitures.

--Dan Ernst


source http://legalhistoryblog.blogspot.com/2023/01/furtaw-on-nemo-tenetur-in-equity.html