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Author: Heneage Finch Earl of Nottingham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 416
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Book Description
Author: Heneage Finch Earl of Nottingham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 416
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Book Description
Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161955
Category : History
Languages : en
Pages : 328
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Book Description
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.
Author: Mel Kenny
Publisher: Cambridge University Press
ISBN: 1139487965
Category : Law
Languages : en
Pages :
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Book Description
Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.
Author: William Lewis Sachse
Publisher: CUP Archive
ISBN: 9780521081719
Category : History
Languages : en
Pages : 136
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Book Description
Author: John H. Langbein
Publisher: Aspen Publishing
ISBN: 0735596042
Category : Law
Languages : en
Pages : 1310
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Book Description
This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.
Author: Delloyd J. Guth
Publisher: Cambridge University Press
ISBN: 9780521091275
Category : History
Languages : en
Pages : 442
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Book Description
The work of G. R. Elton has inspired its own 'Tudor Revolution' in the historiography of Tudor and Stuart government and society. In this volume a distinguished gathering of eighteen historians, all now resident in North America, pay tribute to Professor Elton's broad influence in shaping modern interpretations of the sixteenth- and seventeenth-century constitution. Each contributor to this volume has addressed, directly or indirectly, some aspect of that tempestuous age which has been dubbed 'Elton's era', and each of the sections relates directly to particular problems or topics which have figured prominently in Professor Elton's own work. Most extend his findings in new directions and with new evidence from archival researches. Others take issue with some of his tentative conclusions, though admitting the extent to which his work has made such advances possible.
Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509906010
Category : Law
Languages : en
Pages : 321
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Book Description
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
Author: Mark Fortier
Publisher: Routledge
ISBN: 1317036646
Category : Literary Criticism
Languages : en
Pages : 163
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Book Description
Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.
Author: J. G. A. Pocock
Publisher: Cambridge University Press
ISBN: 9780521574983
Category : History
Languages : en
Pages : 372
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Book Description
A history of political debate and theory in England (later Britain) between the English Reformation and French Revolution.
Author: Warren Swain
Publisher: Cambridge University Press
ISBN: 1107040760
Category : Law
Languages : en
Pages : 363
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Book Description
This book considers the development of contract law doctrine in England from 1670 to 1870.
