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Author : William Weldon Billson
Publisher : Unknown
Page : 256 pages
File Size : 48,9 Mb
Release : 1917
Category : Equity
ISBN : STANFORD:36105044123250
Author : Paul M. Perell
Publisher : Lexis Law Publishing (Va)
Page : 148 pages
File Size : 43,6 Mb
Release : 1990
Category : Civil law
ISBN : 0409896640
Author : WILLIAM WELDON. BILLSON
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 2018
Category : Electronic
ISBN : 1033647128
Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 40,6 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317
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.
Author : Frederic William Maitland
Publisher : CUP Archive
Page : 436 pages
File Size : 55,6 Mb
Release : 1913
Category : Actions and defenses
ISBN : 8210379456XXX
Author : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 41,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549877
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.
Author : Michael R. T. Macnair
Publisher : Duncker & Humblot
Page : 328 pages
File Size : 45,8 Mb
Release : 2013-06-21
Category : Law
ISBN : 342849198X
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.
Author : Irit Samet
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 43,6 Mb
Release : 2018
Category : Law
ISBN : 9780198766773
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Author : Wesley Newcomb Hohfeld
Publisher : Unknown
Page : 44 pages
File Size : 42,8 Mb
Release : 1913
Category : Electronic
ISBN : HARVARD:32044053344560
Author : William W Billson
Publisher : Alpha Edition
Page : 242 pages
File Size : 51,7 Mb
Release : 2019-09
Category : History
ISBN : 9353861233
This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. We have represented this book in the same form as it was first published. Hence any marks seen are left intentionally to preserve its true nature.
Author : William Wait
Publisher : Unknown
Page : 814 pages
File Size : 55,5 Mb
Release : 1885
Category : Actions and defenses
ISBN : PRNC:32101065404368
Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 229 pages
File Size : 51,5 Mb
Release : 2013-10-31
Category : Law
ISBN : 9789004262201
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.
Author : Sarah Worthington
Publisher : OUP Oxford
Page : 400 pages
File Size : 51,5 Mb
Release : 2006-08-17
Category : Law
ISBN : 9780191018619
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.
Author : William Wait
Publisher : Unknown
Page : 822 pages
File Size : 46,8 Mb
Release : 1879
Category : Actions and defenses
ISBN : IND:30000087983379
Author : Georghios M. Pikis
Publisher : BRILL
Page : 131 pages
File Size : 52,9 Mb
Release : 2016-10-13
Category : Law
ISBN : 9789004313736
The 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.
