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Author: Michael Levenstein
Publisher: Algora Publishing
ISBN: 1628940530
Category : Law
Languages : en
Pages : 160
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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
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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: Joseph Story
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 1164
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Book Description
Author: Lord Henry Home Kames
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 416
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Book Description
Author: Edmund H. T. Snell
Publisher: Forgotten Books
ISBN: 9781333095031
Category : Law
Languages : en
Pages : 720
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Book Description
Excerpt from The Principles of Equity: Intended for the Use of Students-and of Practitioners This. Sixteenth Edition of Snell's Equity is the thirteenth edition of that work which has been published since 1875, when law and equity were for the first time fused effectively under one and the same juridical administration; and it was my chief duty as Editor, in 1875, to suggest, how the fusion would operate as regards the different subject-matters comprised in the Book; and it has been my endeavour, continuously in all the twelve successive editions which I have edited since 1875, to further show (by state ment and illustration), how the fusion was. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: John C. P. Goldberg
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
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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: Irit Samet
Publisher:
ISBN: 0198766777
Category : Law
Languages : en
Pages : 241
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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
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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: John Norton Pomeroy
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 850
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Book Description
Author: Claire-Michelle Smyth
Publisher:
ISBN: 9781911611257
Category : Equity
Languages : en
Pages : 0
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Book Description
Author: Paul M. Perell
Publisher: Lexis Law Publishing (Va)
ISBN: 9780409896640
Category : Civil law
Languages : en
Pages : 148
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Book Description
