Download or read book Lord Nottingham s Chancery Cases Vol 1 written by David Eryl Corbet Yale and published by . This book was released on 1957 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by D. E. C. Yale and published by . This book was released on 1957 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by England and Wales. Court of Chancery and published by . This book was released on 1957 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by England and Wales. Court of Chancery and published by . This book was released on 1957 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases written by Heneage Finch Nottingham (Earl of) and published by . This book was released on 1957 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conscience Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Download or read book Lord Nottingham s Chancery Cases written by Great Britain. Court of Chancery and published by . This book was released on 1961 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lord Nottingham s Chancery Cases Vol II written by and published by . This book was released on 1961 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Download or read book Philosophical Foundations of the Law of Express Trusts written by and published by Oxford University Press. This book was released on 2023-11-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
Download or read book Economic Torts and Economic Wrongs written by John Eldridge and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.
Download or read book Metaphors of Mind written by Brad Pasanek and published by JHU Press. This book was released on 2015-07-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking introduction to eighteenth-century metaphors of the mind that recasts the grand narrative of the Enlightenment in terms of its tropes and figures. An encyclopedic dictionary along the lines of Voltaire’s classic Dictionnaire Philosophique, Metaphors of Mind provides an in-depth look at the myriad ways in which Enlightenment writers used figures of speech to characterize the mind. Drawn from Brad Pasanek’s massive online archive, http://metaphorized.net, this volume constitutes a veritable treasury of mental metaphorics. Dividing the book into eleven broad metaphorical categories—Animals, Coinage, Court, Empire, Fetters, Impressions, Inhabitants, Metal, Mirror, Rooms, and Writing—Pasanek maps out constellations of metaphors. He frames his collection of literary excerpts in each section with a more descriptive and theoretical discussion of what he calls “desultory reading,” a form of unsystematic perusal of writing frequently employed by Enlightenment thinkers. By surveying the printed past alongside the digital present, the book treats eighteenth-century writing as its topic while essentially exemplifying its rhetorical approach. More than an exercise in quotation, this intellectual history offers illuminating readings of fragmentary literary works and confrontations with neoclassical and contemporary theories of metaphor. The book’s entries complicate received ideas about Locke’s blank slate, question M. H. Abrams’ claims about mirrors and lamps, and chart changing frequencies of metal metaphors in a moment of industrial revolution. The book also responds to current anxieties about reading and the mass digitization of literature, touching on recent discussions of “distant reading,” “shallow reading,” and “surface reading.” Promoting critical and creative anachronism, Metaphors of Mind redefines the notion of an archive in the age of Amazon and Google Books.
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.
Download or read book Explaining Constructive Trusts written by Gbolahan Elias and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
Download or read book History of Universities written by Mordechai Feingold and published by Oxford University Press. This book was released on 2022-06-23 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special edition of History of Universities, Volume XXXV/1, studies and reappraises the often ignored history of eighteenth-century Oxford, caught as it is between the upheavals of the Stuart century and the reformation of the Victorian era.
Download or read book Lord Nottingham s Chancery Cases written by and published by . This book was released on 1961 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Landmark Cases in the Law of Restitution written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2006-04-18 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
