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Conscience Equity And The Court Of Chancery In Early Modern England
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Book Synopsis Conscience, Equity and the Court of Chancery in Early Modern England by : Dennis R. Klinck
Download or read book Conscience, Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck and published by Ashgate Publishing, Ltd.. This book was released on 2010 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study tackles the difficult yet crucial subject of the place of conscience in the development of English law, illuminating what is meant by describing the Court of Chancery as a 'court of conscience'. Addressing the notion of 'conscience' as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how this was understood in the early modern period. The study concludes with an exploration of the chancellorship of Lord Nottingham (1673-82), who is often regarded as the father of modern equity through his efforts to transform equity from a jurisdiction associated with discretion, into one based on 'rules'.
Book Synopsis Conscience, Equity and the Court of Chancery in Early Modern England by : Dennis R. Klinck
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.
Book Synopsis Conscience in Early Modern English Literature by : Abraham Stoll
Download or read book Conscience in Early Modern English Literature written by Abraham Stoll and published by Cambridge University Press. This book was released on 2017-10-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conscience in Early Modern English Literature describes how poetry, theology, and politics intersect in the early modern conscience. In the wake of the Reformation, theologians attempt to understand how the faculty works, poets attempt to capture the experience of being in its grip, and revolutionaries attempt to assert its authority for political action. The result, Abraham Stoll argues, is a dynamic scene of conscience in England, thick with the energies of salvation and subjectivity, and influential in the public sphere of Civil War politics. Stoll explores how Shakespeare, Spenser, Herbert, and Milton stage the inward experience of conscience. He links these poetic scenes to Luther, Calvin, and English Reformation theology. He also demonstrates how they shape the public discourses of conscience in such places as the toleration debates, among Levellers, and in the prose of Hobbes and Milton. In the literature of the early modern conscience, Protestant subjectivity evolves toward the political subject of modern liberalism.
Book Synopsis A History of Law in Europe by : Antonio Padoa-Schioppa
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Book Synopsis The Cambridge Companion to Medieval English Law and Literature by : Candace Barrington
Download or read book The Cambridge Companion to Medieval English Law and Literature written by Candace Barrington and published by Cambridge University Press. This book was released on 2019-08-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
Book Synopsis Commentaries on Equity Jurisprudence by : Joseph Story
Download or read book Commentaries on Equity Jurisprudence written by Joseph Story and published by BoD – Books on Demand. This book was released on 2023-07-14 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1873.
Download or read book Equity written by Irit Samet and published by . This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis Law Reform in Early Modern England by : Barbara J Shapiro
Download or read book Law Reform in Early Modern England written by Barbara J Shapiro and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.
Book Synopsis The Play of Conscience in Shakespeare’s England by : Jade Standing
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.
Book Synopsis The Decadence of Equity ... by : Roscoe Pound
Download or read book The Decadence of Equity ... written by Roscoe Pound and published by . This book was released on 1905 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equity and Administration by : P. G. Turner
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Book Synopsis Libels and Theater in Shakespeare's England by : Joseph Mansky
Download or read book Libels and Theater in Shakespeare's England written by Joseph Mansky and published by Cambridge University Press. This book was released on 2023-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive history of libels in Elizabethan England, this interdisciplinary study traces the crime across law, literature, and culture, focusing especially on the theater. Ranging from Shakespeare to provincial pageantry, it provides a fresh account of early modern drama and the viral media ecosystem springing up around it.
Book Synopsis The Art of Law in Shakespeare by : Paul Raffield
Download or read book The Art of Law in Shakespeare written by Paul Raffield and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
Book Synopsis Select Essays in Anglo-American Legal History by : Association of American Law Schools
Download or read book Select Essays in Anglo-American Legal History written by Association of American Law Schools and published by . This book was released on 1907 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts, Jurisdictions, and Law in John Milton and His Contemporaries by : Alison A. Chapman
Download or read book Courts, Jurisdictions, and Law in John Milton and His Contemporaries written by Alison A. Chapman and published by University of Chicago Press. This book was released on 2020-10-10 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Book Synopsis Judging Equity by : T. Leigh Anenson
Download or read book Judging Equity written by T. Leigh Anenson and published by Cambridge University Press. This book was released on 2018-11-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the 'clean hands' doctrine, a safety valve in the legal system designed to correct injustice.
