DECLARATORY JUDGMENTS- EXTENSION OF PROTECTION AGAINST INJURIES TO PERSONALITY

Authors

Abstract

The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development of this flexible device has not made it possible to protect types of interests that have been beyond the reach of traditional equitable and legal remedies.

Recommended Citation

DECLARATORY JUDGMENTS- EXTENSION OF PROTECTION AGAINST INJURIES TO PERSONALITY, 34 Mich. L. Rev. 85 (1935).
Available at: https://repository.law.umich.edu/mlr/vol34/iss1/5