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The Concept Of Equity In Early Modern European 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 Culture of Equity in Early Modern England by : Mark Fortier
Download or read book The Culture of Equity in Early Modern England written by Mark Fortier and published by Routledge. This book was released on 2016-03-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an
Book Synopsis Law, Lawyers and Litigants in Early Modern England by : Joanne Begiato
Download or read book Law, Lawyers and Litigants in Early Modern England written by Joanne Begiato and published by Cambridge University Press. This book was released on 2019-06-27 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the impact of legal ideas and legal consciousness on early modern English society and culture.
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.
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 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: Explores networks of lawyers, legislators and litigators, and how they shape legal development in Britain and the world.
Download or read book Equity Stirring written by Gary Watt and published by Bloomsbury Publishing. This book was released on 2009-07-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities
Book Synopsis The Function of Equity in International Law by : Catharine Titi
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 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Book Synopsis The Oxford Handbook of the Age of Shakespeare by : R. Malcolm Smuts
Download or read book The Oxford Handbook of the Age of Shakespeare written by R. Malcolm Smuts and published by Oxford University Press. This book was released on 2016-06-30 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Age of Shakespeare presents a broad sampling of current historical scholarship on the period of Shakespeare's career that will assist and stimulate scholars of his poems and plays. Rather than merely attempting to summarize the historical 'background' to Shakespeare, individual chapters seek to exemplify a wide variety of perspectives and methodologies currently used in historical research on the early modern period that can inform close analysis of literature. Different sections examine political history at both the national and local levels; relationships between intellectual culture and the early modern political imagination; relevant aspects of religious and social history; and facets of the histories of architecture, the visual arts, and music. Topics treated include the emergence of an early modern 'public sphere' and its relationship to drama during Shakespeare's lifetime; the role of historical narratives in shaping the period's views on the workings of politics; attitudes about the role of emotion in social life; cultures of honour and shame and the rituals and literary forms through which they found expression; crime and murder; and visual expressions of ideas of moral disorder and natural monstrosity, in printed images as well as garden architecture.
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 . This book was released on 2021 with total page 0 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 Principles of Equity, by : George Tucker Bispham
Download or read book Principles of Equity, written by George Tucker Bispham 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: A classic text of legal scholarship, Principles of Equity is a thorough and comprehensive introduction to the principles of equity law. Covering everything from trusts and mortgages to injunctions and specific performance, this book is an invaluable resource for students, legal professionals, and anyone interested in the history and evolution of equitable jurisprudence. 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 Donne's Augustine by : Katrin Ettenhuber
Download or read book Donne's Augustine written by Katrin Ettenhuber and published by OUP Oxford. This book was released on 2011-07-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The poet and preacher John Donne (1572-1631) was one of the most influential authors of early modern England. Donne's Augustine examines his response to an iconic figure in the history of Western religious thought: Saint Augustine of Hippo (354-430). Katrin Ettenhuber argues that Renaissance culture saw not only a revival of the classics, but was equally indebted to the intellectual and literary legacy of the Church Fathers. The study recovers an Augustinian tradition of interpretation which permeated the religious world of the period, but which has until now been largely overlooked. She presents a comprehensive re-evaluation of Donne's writings, ranging from the poems to less familiar prose works, situates him carefully in the poetic, intellectual, and political contexts which frame his works, and engages with recent developments in both literary and historical studies. Donne's Augustine is the first sustained study of Donne's reading practices, and of the theological sources which shaped his thought. It discovers a range of medieval and early modern texts which transformed the imagination of literary writers in the period but which have been neglected so far: devotional manuals, Scripture commentaries, and religious commonplace books (often in Latin). The study pays close attention to the intellectual and political conditions which informed the reception of Augustine's works, and offers detailed readings of Donne's texts which illuminate the literary aspects of his patristic heritage. Donne's Augustine makes a significant contribution to our understanding of the larger reading and writing culture of Renaissance England, and of the religious debates and controversies in the decades leading up to the Civil War.
Book Synopsis Vico and the Transformation of Rhetoric in Early Modern Europe by : David L. Marshall
Download or read book Vico and the Transformation of Rhetoric in Early Modern Europe written by David L. Marshall and published by Cambridge University Press. This book was released on 2010-03-31 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the entirety of Giambattista Vico's oeuvre and demonstrates his significance as a theorist who adapted the discipline of rhetoric to modern conditions.
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 The Law of Proof in Early Modern Equity by : Michael Richard Trench Macnair
Download or read book The Law of Proof in Early Modern Equity written by Michael Richard Trench Macnair and published by . This book was released on 1992 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
