The Judicature Act of 1873 in England and Wales established a unified court system that merged the previously separate courts of law and equity. Despite this historical change, the debate over the so-called "fusion fallacy" remains... more
The Judicature Act of 1873 in England and Wales established a unified court system that merged the previously separate courts of law and equity. Despite this historical change, the debate over the so-called "fusion fallacy" remains unsettled to this day. Proponents of fusion argue that the merger of these two court systems has resulted in a more efficient and just legal system. Critics, however, argue that the traditional separation of law and equity served an important purpose in protecting individual rights and preventing potential abuses of power. This paper examines the ongoing debate over the fusion fallacy, exploring the historical context of the Judicature Act and the various arguments put forth by both sides. Ultimately, the paper concludes that while the debate over the fusion fallacy remains unresolved, the Judicature Act has had a significant impact on the development of the English legal system and the administration of justice more broadly.
