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Author : Wesley Newcomb Hohfeld
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.A/5 ( download)
Download or read book The Relations Between Equity and Law written by Wesley Newcomb Hohfeld and published by . This book was released on 1913 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Weldon Billson
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.F/5 ( download)
Download or read book Equity in Its Relations to Common Law written by William Weldon Billson and published by . This book was released on 1917 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 904744034X
Total Pages : 356 pages
Book Rating : 4.0/5 (474 download)
Download or read book Equity and Law written by María José Falcón y Tella and published by BRILL. This book was released on 2008-10-02 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
Author : Wesley Newcomb Hohfeld
Publisher :
ISBN 13 :
Total Pages : 35 pages
Book Rating : 4.:/5 (651 download)
Download or read book The Relations Between Equity and Law written by Wesley Newcomb Hohfeld and published by . This book was released on 1915 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dennis Klimchuk
Publisher : Oxford University Press
ISBN 13 : 0192549871
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)
Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : William Wait
Publisher :
ISBN 13 :
Total Pages : 814 pages
Book Rating : 4.:/5 (321 download)
Download or read book A Treatise Upon Some of the General Principles of the Law written by William Wait and published by . This book was released on 1885 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paul M. Perell
Publisher : Lexis Law Publishing (Va)
ISBN 13 : 9780409896640
Total Pages : 148 pages
Book Rating : 4.8/5 (966 download)
Download or read book The Fusion of Law and Equity written by Paul M. Perell and published by Lexis Law Publishing (Va). This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. P. Goldberg
Publisher : Cambridge University Press
ISBN 13 : 1108421318
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : P. G. Turner
Publisher : Cambridge University Press
ISBN 13 : 1107142733
Total Pages : 601 pages
Book Rating : 4.1/5 (71 download)
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.
Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author : Graham Virgo
Publisher : Oxford University Press
ISBN 13 : 0198804717
Total Pages : 735 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Principles of Equity & Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Author : Sarah Worthington
Publisher : OUP Oxford
ISBN 13 : 0191018619
Total Pages : 400 pages
Book Rating : 4.1/5 (91 download)
Download or read book Equity written by Sarah Worthington and published by OUP Oxford. This book was released on 2006-08-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Author : William Weldon Billson
Publisher : Legare Street Press
ISBN 13 : 9781021944122
Total Pages : 0 pages
Book Rating : 4.9/5 (441 download)
Download or read book Equity in Its Relations to Common Law written by William Weldon Billson and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between equity and common law, tracing the historical development of these two legal systems in England. It is a must-read for anyone interested in legal history or the role of equity in modern legal systems. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : John Hamilton Baker
Publisher : Lexis Pub
ISBN 13 : 9780406531018
Total Pages : 673 pages
Book Rating : 4.5/5 (31 download)
Download or read book An Introduction to English Legal History written by John Hamilton Baker and published by Lexis Pub. This book was released on 1990 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brief history of the principal English institutions and doctrines. Topics examined include law and custom in early Britain, the origins of common law, the judiciary and various courts, trial by jury, laws affecting property, and laws concerning marriage and divorce, nuisance, tort and defamation.
Author : Irit Samet
Publisher : Oxford University Press, USA
ISBN 13 : 0198766777
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)
Download or read book Equity written by Irit Samet and published by Oxford University Press, USA. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Author : WILLIAM WELDON. BILLSON
Publisher :
ISBN 13 : 9781033647127
Total Pages : 0 pages
Book Rating : 4.6/5 (471 download)
Download or read book EQUITY IN ITS RELATIONS TO COMMON LAW written by WILLIAM WELDON. BILLSON and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael R. T. Macnair
Publisher : Duncker & Humblot
ISBN 13 : 9783428491988
Total Pages : 328 pages
Book Rating : 4.4/5 (919 download)
Download or read book The Law of Proof in Early Modern Equity written by Michael R. T. Macnair and published by Duncker & Humblot. This book was released on 2013-06-21 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
