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Conscience Equity And The Court Of Chancery In Early Modern England

Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161955
Size: 33.39 MB
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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.

Bleakhaus

Author: Charles Dickens
Publisher: e-artnow
ISBN: 8026880013
Size: 68.92 MB
Format: PDF
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Dieses eBook: "Bleakhaus" ist mit einem detaillierten und dynamischen Inhaltsverzeichnis versehen und wurde sorgfältig korrekturgelesen. Esther Summerson wächst als Kind bei Miss Barbery auf, ohne zu wissen, dass diese ihre Tante ist oder wer ihre Eltern sind; sie erfährt nur, dass ihre Mutter große Schande über sich gebracht habe. Nach dem Tod ihrer Tante wird Esther von John Jarndyce aufgenommen, einem reichen und wohltätigen Mitglied der Oberschicht, der einer der Beteiligten an dem erwähnten Erbschaftsstreit Jarndyce gegen Jarndyce ist. Sie arbeitet dort als Haushälterin von Bleak House sowie als Gesellschafterin von Ada Clare und deren entfernten Cousin Richard Carstone, zwei weiteren Beteiligten im Rechtsstreit um das Erbe im Jarndyce-Fall, die John Jarndyce als Vormund in Bleak House aufnimmt. Charles Dickens (1812-1870) war ein englischer Schriftsteller.

Understanding Equity Trusts

Author: Alastair Hudson
Publisher: Routledge
ISBN: 1317683935
Size: 50.20 MB
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Understanding Equity & Trusts is the sister text to Professor Hudson’s heavyweight textbook Equity & Trusts. It aims to give you a clear, accessible and comprehensive overview of the main themes in this dynamic area of the law. Whether used at the beginning of studying or in the period before examinations, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. Extensive updates have been made to the text to consider several major new cases decided since the last edition, including: Supreme Court decisions in Pitt v Holt, Jones v Kernott, and Lehman Brothers International v CRC, the continuing debate about the proper treatment of bribery and many other cases besides. The law of trusts is built on simple basic principles. The approach of this book is to begin with a clear presentation of those principles before guiding the reader through the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible. Online support Visit the author’s website at http://www.alastairhudson.com or the Equity & Trusts site at http://www.routledge.com/cw/hudson in order to find podcasts of specially-recorded lectures covering the basic principles of a whole trusts law course and much more.

The Law Of Contract 1670 1870

Author: Warren Swain
Publisher: Cambridge University Press
ISBN: 1316240002
Size: 11.41 MB
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The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.

Equity

Author: Irit Samet
Publisher: Oxford University Press
ISBN: 0191079375
Size: 24.71 MB
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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: âAccountability Correspondenceâ. 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.

The Principles Of Equity And Trusts

Author: Graham Virgo
Publisher: Oxford University Press
ISBN: 0198804717
Size: 75.30 MB
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The Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the third edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to present an engaging, contextual account of the essential principles of trusts and their equitable remedies. Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with the subject area, and excel in their studies. Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, The Principles of Equity & Trusts is the ideal companion to a course in trusts.

The Culture Of Equity In Restoration And Eighteenth Century Britain And America

Author: Professor Mark Fortier
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472441885
Size: 10.23 MB
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Extending the chronological and cultural scope of Fortier’s book on equity, which focuses on early modern England, this interdisciplinary study draws on politics, religion, law, literature, and philosophy to argue that equity continued to be a key word throughout the Restoration and 18th century in Britain and America. Fortier asserts that equity is used and contested in many of the major social and political events of the period.

Elizabeth I And Her Circle

Author: Susan Doran
Publisher: OUP Oxford
ISBN: 0191033561
Size: 41.90 MB
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This is the story of Elizabeth I's inner circle and the crucial human relationships which lay at the heart of her personal and political life. Using a wide range of original sources - including private letters, portraits, verse, drama, and state papers - Susan Doran provides a vivid and often dramatic account of political life in Elizabethan England and the queen at its centre, offering a deeper insight into Elizabeth's emotional and political conduct - and challenging many of the popular myths that have grown up around her. It is a story replete with fascinating questions. What was the true nature of Elizabeth's relationship with her father, Henry VIII, especially after his execution of her mother? How close was she to her half-brother Edward VI - and were relations with her half-sister Mary really as poisonous as is popularly assumed? And what of her relationship with her Stewart cousins, most famously with Mary Queen of Scots, executed on Elizabeth's orders in 1587, but also with Mary's son James VI of Scotland, later to succeed Elizabeth as her chosen successor? Elizabeth's relations with her family were crucial, but just as crucial were her relations with her courtiers and her councillors. Here again, the story raises a host of fascinating questions. Was the queen really sexually jealous of her maids of honour? Did physically attractive male favourties dominate her court? What does her long and intimate relationship with the Earl of Leicester reveal about her character, personality, and attitude to marriage? What can the fall of Essex tell us about Elizabeth's political management in the final years of her reign? And what was the true nature of her personal and political relationship with influential and long-serving councillors such as the Cecils and Sir Francis Walsingham? And how did courtiers and councillors deal with their demanding royal mistress?