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 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 380 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 An Analysis of the English Common Law Principles of Equity and their Application in a former British Colony Cyprus written by Georghios M. Pikis and published by BRILL. This book was released on 2016-09-27 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.
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 History of Contract in Early English Equity written by Willard Titus Barbour and published by . This book was released on 1914 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book English Reports in Law and Equity written by Edmund Hatch Bennett and published by . This book was released on 1851 with total page 756 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 Commentaries on Equity Jurisprudence as Administered in England and America written by Joseph Story and published by . This book was released on 1918 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Lines of Equity written by Elliott Visconsi and published by Cornell University Press. This book was released on 2011-03-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In England, the late seventeenth century was a period of major crises in science, politics, and economics. Confronted by a public that seemed to be sunk in barbarism and violence, English writers including John Milton, John Dryden, and Aphra Behn imagined serious literature as an instrument for change. In Lines of Equity, Elliott Visconsi reveals how these writers fictionalized the original utterance of laws, the foundation of states, and the many vivid contemporary transitions from archaic savagery to civil modernity. In doing so, they considered the nature of government, the extent of the rule of law, and the duties of sovereign and subject. They asked their audience to think like kings and judges: through the literary education of the individual conscience, the barbarous tendencies of the English people might be effectively banished. Visconsi calls this fictionalizing program "imaginative originalism," and demonstrates the often unintended consequences of this literary enterprise. By inviting the English people to practice equity as a habit of thought, a work such as Milton's Paradise Lost helped bring into being a mode of individual conduct—the rights-bearing deliberative subject—at the heart of political liberalism. Visconsi offers an original view of this transitional moment that will appeal to anyone interested in the cultural history of law and citizenship, the idea of legal origins in the early modern period, and the literary history of later Stuart England.
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 The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Download or read book A Student s Guide to Equity and Trusts written by Judith Bray and published by Cambridge University Press. This book was released on 2020-08-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.
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 Commentaries on Equity Jurisprudence written by Joseph Story and published by . This book was released on 1873 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Principles of Equity written by Edmund H. T. Snell and published by Forgotten Books. This book was released on 2016-08-01 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Principles of Equity: Intended for the Use of Students-and of Practitioners This. Sixteenth Edition of Snell's Equity is the thirteenth edition of that work which has been published since 1875, when law and equity were for the first time fused effectively under one and the same juridical administration; and it was my chief duty as Editor, in 1875, to suggest, how the fusion would operate as regards the different subject-matters comprised in the Book; and it has been my endeavour, continuously in all the twelve successive editions which I have edited since 1875, to further show (by state ment and illustration), how the fusion was. 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.
