The Relations Between Equity and Law 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 The Relations Between Equity and Law PDF full book. Access full book title The Relations Between Equity and Law by Wesley Newcomb Hohfeld. Download full books in PDF and EPUB format.
Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
Get Book Here
Book Description
Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
Get Book Here
Book Description
Author: William Weldon Billson
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 256
Get Book Here
Book Description
Author: Wesley Newcomb Hohfeld
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 35
Get Book Here
Book Description
Author: Dennis Klimchuk
Publisher: Oxford University Press
ISBN: 0192549863
Category : Law
Languages : en
Pages : 400
Get Book Here
Book Description
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: 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: Paul M. Perell
Publisher: Lexis Law Publishing (Va)
ISBN: 9780409896640
Category : Civil law
Languages : en
Pages : 148
Get Book Here
Book Description
Author: P. G. Turner
Publisher: Cambridge University Press
ISBN: 1107142733
Category : Law
Languages : en
Pages : 601
Get Book Here
Book Description
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Author: William Wait
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 938
Get Book Here
Book Description
Author: Michael R. T. Macnair
Publisher: Duncker & Humblot
ISBN: 9783428491988
Category : Law
Languages : en
Pages : 328
Get Book Here
Book Description
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:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262202
Category : Law
Languages : en
Pages : 229
Get Book Here
Book Description
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.
