Maxims of Equity PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Maxims of Equity PDF full book. Access full book title Maxims of Equity by Michael Levenstein. Download full books in PDF and EPUB format.
Author: Michael Levenstein
Publisher: Algora Publishing
ISBN: 1628940530
Category : Law
Languages : en
Pages : 160
Get Book Here
Book Description
Equity is a world unto itself. Originally conceived and administered by the ancient Court of Chancery in England, this arcane body of rules and principles has matured into a distinct branch of modern jurisprudence, influencing almost every field of private law -- from contract and tort to company and real property. Specifically, equity seeks to fashion practical justice by alleviating the inflexibility of the common law when liable to produce unfair outcomes in addition to providing a more robust set of remedies, such as injunctions or specific performance, to aggrieved claimants. Chancery law is governed by a set of principles referred to as 'Maxims of Equity,' nearly twenty moral guidelines aimed at providing jurists a wide scope in overriding the rigors of private agreements and facilitating complex financial and proprietary transactions such as the creation and management of trusts of land. Recognizing these maxims as key insights--not only into our own legal order but into the moral values that society at large prioritizes--requires both philosophical dissection and the practical assessment of their efficacy. Such scrutiny ultimately permits a keen understanding of the nexus between ethics and law, their inevitable divergences and which areas of the latter are most in need of reform.
Author: Michael Levenstein
Publisher: Algora Publishing
ISBN: 1628940530
Category : Law
Languages : en
Pages : 160
Get Book Here
Book Description
Equity is a world unto itself. Originally conceived and administered by the ancient Court of Chancery in England, this arcane body of rules and principles has matured into a distinct branch of modern jurisprudence, influencing almost every field of private law -- from contract and tort to company and real property. Specifically, equity seeks to fashion practical justice by alleviating the inflexibility of the common law when liable to produce unfair outcomes in addition to providing a more robust set of remedies, such as injunctions or specific performance, to aggrieved claimants. Chancery law is governed by a set of principles referred to as 'Maxims of Equity,' nearly twenty moral guidelines aimed at providing jurists a wide scope in overriding the rigors of private agreements and facilitating complex financial and proprietary transactions such as the creation and management of trusts of land. Recognizing these maxims as key insights--not only into our own legal order but into the moral values that society at large prioritizes--requires both philosophical dissection and the practical assessment of their efficacy. Such scrutiny ultimately permits a keen understanding of the nexus between ethics and law, their inevitable divergences and which areas of the latter are most in need of reform.
Author: Roscoe Pound
Publisher:
ISBN:
Category :
Languages : en
Pages : 40
Get Book Here
Book Description
Author: Lord Henry Home Kames
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 416
Get Book Here
Book Description
Author: Edmund Henry Turner Snell
Publisher: Sagwan Press
ISBN: 9781377295466
Category :
Languages : en
Pages : 582
Get Book Here
Book Description
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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. 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. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
Author: John Norton Pomeroy
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 850
Get Book Here
Book Description
Author: John C. P. Goldberg
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
Get Book Here
Book Description
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: Joseph Story
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 1164
Get Book Here
Book Description
Author: Irit Samet
Publisher:
ISBN: 0198766777
Category : Law
Languages : en
Pages : 241
Get Book Here
Book Description
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.
Author: John Dyson Heydon
Publisher:
ISBN: 9780409332254
Category : Equitable remedies
Languages : en
Pages : 1283
Get Book Here
Book Description
MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has become the authoritative work on equity in Australia and a leading text in the common law world, presenting a scholarly analysis of the principles of equity by reference to the leading cases and statutory provisions.This new edition includes analysis of developments in Australia and the common law world over the past 12 years. It deals with all fundamental equitable doctrines and remedies, save for trusts, and covers the development of equity and its history in the United Kingdom and Australia, including the effects of the Judicature system. MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has been described as ¿a most substantial and distinguished contribution to the literature of Equity¿ (Law Quarterly Review), and as exhibiting "a high standard in the articulation and explanation of equitable doctrines, and in the discussion of equitable remedies" (Australian Law Journal). Few if any Australian law books have carved so significant a niche in legal publishing. This work is an essential text for law practitioners and students. This text is part of the LexisNexis Black and Silver Series. Features: highly respected and regarded author team; regarded as authoritative amongst practitioners and the judiciary and has an established reputation as the definitive work on this topic; Comprehensive and thorough examination of equity.
Author: T. Leigh Anenson
Publisher: Cambridge University Press
ISBN: 110875323X
Category : Law
Languages : en
Pages : 576
Get Book Here
Book Description
T. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about law-equity fusion in other countries of the common law, Anenson provides a historical, doctrinal, and theoretical account of the integration, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. Her analysis also includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in the need for equity - its cultivation, preservation, and celebration.
