A Treatise on the Construction of the Statutes, 13 Eliz. C. 5 and 27 Eliz. C. 4 PDF Download
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Author: William Roberts
Publisher:
ISBN:
Category : Consideration (Law)
Languages : en
Pages : 450
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Author: William Roberts
Publisher:
ISBN:
Category : Consideration (Law)
Languages : en
Pages : 450
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Author: New York State Library (ALBANY, N.Y.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 614
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Author: New York State Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1078
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Author: William Roberts
Publisher:
ISBN:
Category : Consideration (Law).
Languages : en
Pages : 724
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Author: Wisconsin State Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 504
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Author: Charles Ross
Publisher: Routledge
ISBN: 1351940848
Category : Literary Criticism
Languages : en
Pages : 308
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Book Description
This book investigates the origins, impact, and outcome of the Elizabethan obsession with fraudulent conveyancing, the part of debtor-creditor law that determines when a court can void a transfer of assets. Focusing on the years between the passage of a key statute in 1571 and the court case that clarified the statute in 1601, Charles Ross convincingly argues that what might seem a minor matter in the law was in fact part of a wide-spread cultural practice. The legal and literary responses to fraudulent conveyancing expose ethical, practical, and jurisprudential contradictions in sixteenth-century English, as well as modern, society. At least in English Common Law, debt was more pervasive than sex. Ross brings to this discussion a dazzling knowledge of early modern legal practice that takes the conversation out of the universities and Inns of Court and brings it into the early modern courtroom, the site where it had most relevance to Renaissance poets and playwrights. Ross here examines how during the thirty years in which the law developed, Sidney, Spenser, and Shakespeare wrote works that reflect the moral ambiguity of fraudulent conveyancing, which was practiced by unscrupulous debtors but also by those unfairly oppressed by power. The book starts by showing that the language and plot of Shakespeare's Merry Wives of Windsor continually refers to this cultural practice that English society came to grips with during the period 1571-1601. The second chapter looks at the social, political, and economic climate in which Parliament in 1571 passed 13 Eliz. 5, and argues that the law, which may have been used to oppress Catholics, was probably passed to promote business. The Sidney chapter shows that Henry Sidney, as governor of Ireland (a site of religious oppression), and his son Philip were, surprisingly, on the side of the fraudulent conveyors, both in practice and imaginatively (Sidney's Arcadia is the first of several works to associate fraudulent conveyancing with the abduction of women). The fourth chapter shows that Edmund Spenser, who as an official in Ireland rails against fraudulent conveyors, nonetheless includes a balanced assessment of several forms of the practice in The Faerie Queene. Chapter five shows how Sir Edward Coke's use of narrative in Twyne's Case (1601) helped settle the issue of intentionality left open by the parliamentary statute. The final chapter reveals how the penalty clause of the Elizabethan law accounts for the punishment Portia imposes on Shylock at the end of The Merchant of Venice. The real strength of the book lies in Ross's provocative readings of individual cases, which will be of great use to literary critics wrestling with the applications of legal theory to the interpretation of individual texts. This study connects a major development in the law to the literature of the period, one that makes a contribution not only to the law but also to literary studies and political and social history.
Author: Henry William May
Publisher:
ISBN:
Category : Bills of sale
Languages : en
Pages : 638
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Author: James Stewart
Publisher:
ISBN:
Category : Conveyancing
Languages : en
Pages : 666
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Book Description
Author: James Glister
Publisher: Bloomsbury Publishing
ISBN: 1847319432
Category : Law
Languages : en
Pages : 300
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Book Description
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
Author: Maxwell A. and sons
Publisher:
ISBN:
Category :
Languages : en
Pages : 306
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Book Description
