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Equity In Early Modern Legal Scholarship
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Book Synopsis Equity in Early Modern Legal Scholarship by : Lorenzo Maniscalco
Download or read book Equity in Early Modern Legal Scholarship written by Lorenzo Maniscalco and published by BRILL. This book was released on 2020-07-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Book Synopsis The Concept of Equity in Early-modern European Legal Scholarship by : Lorenzo Maniscalco
Download or read book The Concept of Equity in Early-modern European Legal Scholarship written by Lorenzo Maniscalco and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Proof in Early Modern Equity by : Michael R. T. Macnair
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.
Book Synopsis Legal Treatises by : Lynne A. Greenberg
Download or read book Legal Treatises written by Lynne A. Greenberg and published by Routledge. This book was released on 2017-09-19 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.
Book Synopsis John Donne and Early Modern Legal Culture by : Gregory Kneidel
Download or read book John Donne and Early Modern Legal Culture written by Gregory Kneidel and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "For Donne scholars, this book brings a fresh body of legal scholarship to bear on Donne's early poetry and, conversely, for scholars working in the field of law and early modern literature, it reevaluates the links between law and satire"--
Book Synopsis John Donne & Early Modern Legal Culture by : Gregory Kneidel
Download or read book John Donne & Early Modern Legal Culture written by Gregory Kneidel and published by Medieval & Renaissance Literar. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For Donne scholars, this book brings a fresh body of legal scholarship to bear on Donne's early poetry and, conversely, for scholars working in the field of law and early modern literature, it reevaluates the links between law and satire"--
Book Synopsis Legal Treatises by : Lynne A. Greenberg
Download or read book Legal Treatises written by Lynne A. Greenberg and published by Routledge. This book was released on 2017-12-02 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.
Book Synopsis Reasons and Context in Comparative Law by : Sophie Turenne
Download or read book Reasons and Context in Comparative Law written by Sophie Turenne and published by Cambridge University Press. This book was released on 2023-04-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
Download or read book Equality written by Darrin M. McMahon and published by Basic Books. This book was released on 2023-11-14 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the idea of equality—and why we’re so ambivalent about it Equality is in crisis. Our world is filled with soaring inequalities, spanning wealth, race, identity, and nationality. Yet how can we strive for equality if we don’t understand it? As much as we have struggled for equality, we have always been profoundly skeptical about it. How much do we want, and for whom? Darrin M. McMahon’s Equality is the definitive intellectual history, tracing equality’s global origins and spread from the dawn of humanity through the Enlightenment to today. Equality has been reimagined continually, in the great world religions and the politics of the ancient world, by revolutionaries and socialists, Nazis and fascists, and postwar reformers and activists. A magisterial exploration of why equality matters and why we continue to reimagine it, Equality offers all the tools to rethink equality anew for our own age.
Book Synopsis Legal Treatises by : Lynne A. Greenberg
Download or read book Legal Treatises written by Lynne A. Greenberg and published by Routledge. This book was released on 2017-05-15 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.
Book Synopsis Networks and Connections in Legal History by : Michael Lobban
Download or read book Networks and Connections in Legal History written by Michael Lobban and published by Cambridge University Press. This book was released on 2020-09-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Network and Connections in Legal History examines networks of lawyers, legislators and litigators, and how they shaped legal development in Britain and the world. It explores how particular networks of lawyers - from Scotland to East Florida and India - shaped the culture of the forums in which they operated, and how personal connections could be crucial in pressuring the legislature to institute reform - as with twentieth century feminist campaigns. It explores the transmission of legal ideas; what happened to those ideas was not predetermined, but when new connections were made, they could assume a new life. In some cases, new thinkers made intellectual connections not previously conceived, in others it was the new purposes to which ideas and practices were applied which made them adapt. This book shows how networks and connections between people and places have shaped the way that legal ideas and practices are transmitted across time and space.
Book Synopsis Equity in the Civil Law Tradition by : Renato Beneduzi
Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Book Synopsis Shakespeare, Revenge Tragedy and Early Modern Law by : Derek Dunne
Download or read book Shakespeare, Revenge Tragedy and Early Modern Law written by Derek Dunne and published by Springer. This book was released on 2016-04-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.
Download or read book Maxims written by Roscoe Pound 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 classic work of legal scholarship offers a concise and insightful overview of the principles of equity and the role of the courts in enforcing them. The author, Roscoe Pound, provides a wealth of practical advice and guidance for lawyers and legal scholars, making this book an invaluable resource for anyone interested in the history and development of legal thought. 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.
Book Synopsis The Oxford Handbook of Christianity and Law by : John Witte, Jr.
Download or read book The Oxford Handbook of Christianity and Law written by John Witte, Jr. and published by Oxford University Press. This book was released on 2023 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
Book Synopsis Equity in Its Relations to Common Law by : William Weldon Billson
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.
Book Synopsis Knowledge Shaping by : Valentina Lepri
Download or read book Knowledge Shaping written by Valentina Lepri and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-11-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we portray the history of Renaissance knowledge production through the eyes of the students? Their university notebooks contained a variety of works, fragments of them, sentences, or simple words. To date, studies on these materials have only concentrated on a few individual works within the collections, neglecting the strategy by which texts and textual fragments were selected and the logic through which the notebooks were organized. The eight chapters that make up this volume explore students' note-taking practices behind the creation of their notebooks from three different angles. The first considers annotation activities in relation to their study area to answer the question of how university disciplines were able to influence both the content and structure of their notebooks. The volume's second area of research focuses on the student's curiosity and choices by considering them expressions of a self-learning practice not necessarily linked to a discipline of study or instructions from teaching. The last part of the volume moves away from the student's desk to consider instructions on note-taking methods that students could receive from manuals of various kinds.
