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 Equity in Its Relations to Common Law written by William Weldon Billson and published by . This book was released on 1917 with total page 256 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 1915 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 A Treatise Upon Some of the General Principles of the Law written by William Wait and published by . This book was released on 1877 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Download or read book The Fusion of Law and Equity written by Paul M. Perell and published by Lexis Law Publishing (Va). This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Equity written by and published by Martinus Nijhoff Publishers. This book was released on 2013-10-31 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
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 in Its Relations to Common Law written by William Weldon Billson and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between equity and common law, tracing the historical development of these two legal systems in England. It is a must-read for anyone interested in legal history or the role of equity in modern legal systems. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Download or read book The Law of Proof in Early Modern Equity written by Michael Richard Trench Macnair and published by . This book was released on 1999 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 IN ITS RELATIONS TO COMMON LAW written by WILLIAM WELDON. BILLSON and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity written by Irit Samet and published by . This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. By exploring the general principles that underlie equity's intervention in the common law, the book argues that equity should be preserved as a separate body of law which aims to align moral and legal duties in private law.
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 An Introduction to English Legal History written by John Hamilton Baker and published by Lexis Pub. This book was released on 1990 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brief history of the principal English institutions and doctrines. Topics examined include law and custom in early Britain, the origins of common law, the judiciary and various courts, trial by jury, laws affecting property, and laws concerning marriage and divorce, nuisance, tort and defamation.
