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Author : William Hamilton Bryson
Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.3/5 (91 download)
Download or read book Cases Concerning Equity and the Courts of Equity 1550-1660 written by William Hamilton Bryson and published by . This book was released on 2000 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dennis R. Klinck
Publisher : Routledge
ISBN 13 : 1317161955
Total Pages : 328 pages
Book Rating : 4.3/5 (171 download)
Download or read book Conscience, Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Routledge. This book was released on 2016-05-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : William Hamilton Bryson
Publisher : Arizona Center for Medieval and Renaissance Studies (ACMRS)
ISBN 13 :
Total Pages : 776 pages
Book Rating : 4.3/5 (91 download)
Download or read book Equity Cases in the Court of Exchequer, 1660 to 1714 written by William Hamilton Bryson and published by Arizona Center for Medieval and Renaissance Studies (ACMRS). This book was released on 2007 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald Beecher
Publisher : University of Toronto Press
ISBN 13 : 1442642017
Total Pages : 326 pages
Book Rating : 4.4/5 (426 download)
Download or read book Taking Exception to the Law written by Donald Beecher and published by University of Toronto Press. This book was released on with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Déirdre Dwyer
Publisher : Cambridge University Press
ISBN 13 : 052150970X
Total Pages : 468 pages
Book Rating : 4.5/5 (215 download)
Download or read book The Judicial Assessment of Expert Evidence written by Déirdre Dwyer and published by Cambridge University Press. This book was released on 2008-12-18 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.
Author : John Baker
Publisher : Cambridge University Press
ISBN 13 : 1316949737
Total Pages : 1080 pages
Book Rating : 4.3/5 (169 download)
Download or read book The Reinvention of Magna Carta 1216–1616 written by John Baker and published by Cambridge University Press. This book was released on 2017-01-26 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.
Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 110751293X
Total Pages : 373 pages
Book Rating : 4.1/5 (75 download)
Download or read book Law and Legal Process written by Matthew Dyson and published by Cambridge University Press. This book was released on 2013-07-25 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images – and even online auction sites – make it a practical possibility to do work at a level which was almost unthinkable only a short time ago.
Author : Bradin Cormack
Publisher : University of Chicago Press
ISBN 13 : 022637856X
Total Pages : 342 pages
Book Rating : 4.2/5 (263 download)
Download or read book Shakespeare and the Law written by Bradin Cormack and published by University of Chicago Press. This book was released on 2016-07-11 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion"--Jacket.
Author : E. Sheen
Publisher : Springer
ISBN 13 : 0230234526
Total Pages : 181 pages
Book Rating : 4.2/5 (32 download)
Download or read book Shakespeare and the Institution of Theatre written by E. Sheen and published by Springer. This book was released on 2015-12-11 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book offers an interdisciplinary analysis of Shakespearean theatre, presented in a series of imaginative readings of plays from every period of the playwright's career, from Two Gentlemen of Verona and The Taming of the Shrew to King Lear and The Tempest , mapping a new approach to ideas of the theatre as an institution.
Author : Matthew Conaglen
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318177
Total Pages : 230 pages
Book Rating : 4.8/5 (473 download)
Download or read book Fiduciary Loyalty written by Matthew Conaglen and published by Bloomsbury Publishing. This book was released on 2010-01-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.
Author : Paul Raffield
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316069
Total Pages : 272 pages
Book Rating : 4.8/5 (473 download)
Download or read book Shakespeare's Imaginary Constitution written by Paul Raffield and published by Bloomsbury Publishing. This book was released on 2010-10-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown's absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional moments", moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a "constitutional moment" in England, a moment literally "played out" for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.' Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
Author : Harry L. Munsinger J.D. Ph.D.
Publisher : Archway Publishing
ISBN 13 : 1480898422
Total Pages : 154 pages
Book Rating : 4.4/5 (88 download)
Download or read book History of Inheritance Law written by Harry L. Munsinger J.D. Ph.D. and published by Archway Publishing. This book was released on 2020-11-09 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts estimate that eighty percent of household wealth is inherited, and the average American who died in 2015 left approximately $177,000 to his or her family. Harry L. Munsinger, a lawyer practicing in Texas, explores the history of inheritance law in this fascinating book. Topics include: • English laws of succession, which evolved to favor wealthy families by passing real estate and family titles to the eldest surviving son. In contrast, the American colonies developed a democratic system of inheritance where land was divided equally among all the sons. • Goals of early inheritance laws, which were to keep ancestral lands in the family and to determine who would take the land when a father died. • Ways American laws of succession followed English common law during the colonial period and then developed variations more suited to America’s social and economic needs after the colonies won their independence from Britain. The author also highlights how any interested party can allege a defect in the execution of a will, how trusts were developed by courts of equity to avoid the rigid rules of English common law governing legal title and use of real property, and how families can safely and effectively transfer wealth.
Author : Jade Standing
Publisher : Taylor & Francis
ISBN 13 : 1003837603
Total Pages : 189 pages
Book Rating : 4.0/5 (38 download)
Download or read book The Play of Conscience in Shakespeare’s England written by Jade Standing and published by Taylor & Francis. This book was released on 2024-01-31 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having a conscience distinguishes humans from the most advanced A.I. systems. Acting in good conscience, consulting one’s conscience, and being conscience-wracked are all aspects of human intelligence that involve reckoning (deriving general laws from particular inputs and vice versa), and judgement (contemplating the relationship of the reckoning system to the world). While A.I. developers have mastered reckoning, they are still working towards the creation of judgement. This book sheds light on the reckoning and judgement of conscience by demonstrating how these concepts are explored in Everyman, Doctor Faustus, The Merchant of Venice, and Hamlet. Academic, student, or general-interest readers discover the complexity and multiplicity of the early modern concept of conscience, which is informed by the scholastic intellectual tradition, juridical procedures of the court of Chancery, the practical advice of Protestant casuistry, and Reformation theology. The aims are to examine the rubrics for thinking through, regulating, and judging actions that define the various consciences of Shakespeare’s day, to use these rubrics to interpret questions of truth and action in early modern plays, and to offer insights into what it is about conscience that developers want to grasp to eliminate the difference between human and non-human intelligences, and achieve true A.I.
Author : David John Harvey
Publisher : Bloomsbury Publishing
ISBN 13 : 1782257330
Total Pages : 688 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Law Emprynted and Englysshed written by David John Harvey and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impact did the printing press – a new means of communicating the written word – have on early modern English lawyers? This book examines the way in which law printing developed in the period from 1475 up until 1642 and the start of the English Civil War. It offers a new perspective on the purposes and structures of the regulation of the printing press and considers how and why lawyers used the new technology. It examines the way in which lawyers adapted to the use of printed works and the way in which the new technology increased the availability of texts and books for lawyers and the administrative community. It also considers the wider humanist context within which law printing developed. The story is set against the backdrop of revolutionary changes in English society and the move not only to print the law, but also increase its accessibility by making information available in English. The book will be of interest to lawyers and legal historians, print and book historians and the general reader.
Author : Ellen Spolsky
Publisher : Oxford University Press, USA
ISBN 13 : 0190232145
Total Pages : 321 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Contracts of Fiction written by Ellen Spolsky and published by Oxford University Press, USA. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Contracts of Fiction invites readers to consider the advantages of describing fictions as governed by a set of social contracts, teaching us how to think about the stuff of daily life, animate and inanimate, as abstractions.
Author : Anthony Parr
Publisher : Routledge
ISBN 13 : 1317066456
Total Pages : 292 pages
Book Rating : 4.3/5 (17 download)
Download or read book Renaissance Mad Voyages written by Anthony Parr and published by Routledge. This book was released on 2016-03-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vogue for travel ’stunts’ flourished in England between 1590 and the 1620s: playful imitations or burlesques of maritime enterprise and overland travel that collectively appear to be a response to particular innovations and developments in English culture. This study is the first full length scholarly work to focus on the curious phenomenon of ’madde voiages’, as the writer William Rowley called them. Anthony Parr shows that the mad voyage (as Rowley and others conceived it) had surprisingly deep and diverse roots in traditional travel practices, in courtly play and mercantile custom, and in literary culture. Looking in detail at several of the best-documented exploits, Parr situates them in the ferment of such ventures during the period in question; but also reaches back to explore their classical and mediaeval antecedents, and considers their role in creating a template for eccentric English adventure in later centuries. Renaissance Mad Voyages brings together literary and historical enquiry in order to address the implications of an interesting and neglected cultural trend. Parr's investigation of the rash of travel exploits in the period leads to extensive research on the origins of the wager on travel and its role in the expansion of English tourism and trading activity.
Author : John D Ford
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313981
Total Pages : 662 pages
Book Rating : 4.8/5 (473 download)
Download or read book Law and Opinion in Scotland during the Seventeenth Century written by John D Ford and published by Bloomsbury Publishing. This book was released on 2007-11-20 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland
