Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Download or read book The Law of Proof in Early Modern Equity written by Michael R. T. Macnair and published by Duncker & Humblot. This book was released on 2013-06-21 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Download or read book Equity and Law written by Ralph Abraham Newman and published by . This book was released on 1961 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Primer on the Civil law System written by James G. Apple and published by . This book was released on 1995 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Equity in the Harmonization of Legal Systems written by Ralph Abraham Newman and published by . This book was released on 1963 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Relations Between Equity and Law written by Wesley Newcomb Hohfeld and published by . This book was released on 1913 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exposition of Common Law and Equity Pleading written by Edgar Benton Kinkead and published by . This book was released on 1912 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Download or read book John Donne Early Modern Legal Culture written by Gregory Kneidel and published by Medieval & Renaissance Literar. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For Donne scholars, this book brings a fresh body of legal scholarship to bear on Donne's early poetry and, conversely, for scholars working in the field of law and early modern literature, it reevaluates the links between law and satire"--
Download or read book Equity in Jewish Law written by Aaron Kirschenbaum and published by KTAV Publishing House, Inc.. This book was released on 1991 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Legal Traditions in a Nutshell written by Mary Ann Glendon and published by . This book was released on 1982 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity written by Sarah Worthington and published by OUP Oxford. This book was released on 2006-08-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Download or read book Early Development of Law and Equity in Texas written by George Charles Butte and published by . This book was released on 1917 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries on Equity Jurisprudence written by Joseph Story and published by . This book was released on 1836 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries on Equity Jurisprudence written by Joseph Story and published by . This book was released on 1920 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Equitable Jurisdiction of the Courts of Pennsylvania written by Frederick C. Brightly and published by Forgotten Books. This book was released on 2018-02-11 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise on the Equitable Jurisdiction of the Courts of Pennsylvania: With Notes of Pleading and Practice in Equity and an Appendix of Practical Forms The conflict which, for so many centuries, has been waged between the Professors of the Common Law, and those of the Civil Law of Imperial Rome, from which our system of Equity is mainly derived has not yet ceased. It is but the other day, that one of the most eminent of Pennsylvania jurists declared, that it was no ignorant prejudice, but high political wisdom, which caused our ancestors to refuse a Court of Chancery any place among their judicial institutions. And this prejudice, for it is nothing more, is, by the opponents of Equity, based on the supposed arbitrary principles of the Civil Law, from which it has been adapted to our own wants and habits. The two main objections which are urged against the Civil Law are, first, the celebrated political maxim of the Institutes. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
