CONSCIENCE EQUITY AND THE COURT OF CHANCERY IN EARLY MODERN ENGLAND

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Conscience Equity And The Court Of Chancery In Early Modern England

Author : Dennis R. Klinck
ISBN : 9781317161950
Genre : History
File Size : 42.39 MB
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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.
Category: History

Introduction To English Legal History

Author : John Baker
ISBN : 9780192540744
Genre : Law
File Size : 42.99 MB
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Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Category: Law

The Law Of Contract 1670 1870

Author : Warren Swain
ISBN : 9781107040762
Genre : Law
File Size : 38.28 MB
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This book considers the development of contract law doctrine in England from 1670 to 1870.
Category: Law

Understanding Equity Trusts

Author : Alastair Hudson
ISBN : 9780415461993
Genre : Law
File Size : 45.23 MB
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Understanding Equity and Trusts is a sister text to Alastair Hudson's leading textbook Equity and Trusts, that gives those unfamiliar with the subject a clear, accessible, readable and comprehensive overview of the main themes in this dynamic area of the law. Whether used at the beginning of studying this field, as an aid to study or in the period before examinations, this book provides the reader with an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or general equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, pensions, trusts of homes and equitable remedies. The third edition has been revised and updated to include new material on investing trusts and trustee's duties and the material on charities has been substantially rewritten in the light of the Charities Act 2006. The law of trusts is built on simple basic principles. The approach of this book is to begin with a clear presentation of those principles before guiding the reader through the more complex issues which are the feature of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.
Category: Law

The Culture Of Equity In Restoration And Eighteenth Century Britain And America

Author : Professor Mark Fortier
ISBN : 9781472441881
Genre : History
File Size : 79.87 MB
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Extending the chronological and cultural scope of Fortier’s book on equity, which focuses on early modern England, this interdisciplinary study draws on politics, religion, law, literature, and philosophy to argue that equity continued to be a key word throughout the Restoration and 18th century in Britain and America. Fortier asserts that equity is used and contested in many of the major social and political events of the period.
Category: History

Elizabeth I And Her Circle

Author : Susan Doran
ISBN : 9780191033568
Genre : History
File Size : 89.69 MB
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This is the inside story of Elizabeth I's inner circle and the crucial human relationships which lay at the heart of her personal and political life. Using a wide range of original sources — including private letters, portraits, verse, drama, and state papers — Susan Doran provides a vivid and often dramatic account of political life in Elizabethan England and the queen at its centre, offering a deeper insight into Elizabeth's emotional and political conduct — and challenging many of the popular myths that have grown up around her. It is a story replete with fascinating questions. What was the true nature of Elizabeth's relationship with her father, Henry VIII, especially after his execution of her mother? What was the influence of her step-mothers on Elizabeth's education and religious beliefs? How close was she really to her half-brother Edward VI — and were relations with her half-sister Mary really as poisonous as is popularly assumed? And what of her relationship with her Stewart cousins, most famously with Mary Queen of Scots, executed on Elizabeth's orders in 1587, but also with Mary's son James VI of Scotland, later to succeed Elizabeth as her chosen successor? Elizabeth's relations with her family were crucial, but almost as crucial were her relations with her courtiers and her councillors (her 'men of business'). Here again, the story unravels a host of fascinating questions. Was the queen really sexually jealous of her maids of honour? What does her long and intimate relationship with the Earl of Leicester reveal about her character, personality, and attitude to marriage? What can the fall of Essex tell us about Elizabeth's political management in the final years of her reign? And what was the true nature of her personal and political relationship with influential and long-serving councillors such as the Cecils and Sir Francis Walsingham?
Category: History

Contracts Of Fiction

Author : Ellen Spolsky
ISBN : 9780190232160
Genre : Literary Criticism
File Size : 25.14 MB
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The Contracts of Fiction reconnects our fictional worlds to the rest of our lives. Countering the contemporary tendency to dismiss works of imagination as enjoyable but epistemologically inert, the book considers how various kinds of fictions construct, guide, and challenge institutional relationships within social groups. The contracts of fiction, like the contracts of language, law, kinship, and money, describe the rules by which members of a group toggle between tokens and types, between their material surroundings - the stuff of daily life - and the abstractions that give it value. Rethinking some familiar literary concepts such as genre and style from the perspective of recent work in the biological, cognitive, and brain sciences, the book displays how fictions engage bodies and minds in ways that help societies balance continuity and adaptability. Being part of a community means sharing the ways its members use stories, pictures, plays and movies, poems and songs, icons and relics, to generate usable knowledge about the people, objects, beliefs and values in their environment. Exposing the underlying structural and processing homologies among works of imagination and life processes such as metabolism and memory, Ellen Spolsky demonstrates the seamless connection of life to art by revealing the surprising dependence of both on disorder, imbalance, and uncertainty. In early modern London, for example, reformed religion, expanding trade, and changed demographics made the obsolescent courts a source of serious inequities. Just at that time, however, a flood of wildly popular revenge tragedies, such as Hamlet, by their very form, by their outrageous theatrical grotesques, were shouting the need for change in the justice system. A sustained discussion of the genre illustrates how biological homeostasis underpins the social balance that we maintain with difficulty, and how disorder itself incubates new understanding.
Category: Literary Criticism

The Culture Of Equity In Early Modern England

Author : Mark Fortier
ISBN : 9781317036661
Genre : Literary Criticism
File Size : 75.44 MB
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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
Category: Literary Criticism

The Queen S Mercy

Author : M. Villeponteaux
ISBN : 9781137371751
Genre : History
File Size : 50.1 MB
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During the Elizabethan era, writers such as Shakespeare, Spenser, Sidney, Daniel, and others frequently expounded on mercy, exploring the sources and outcomes of clemency. This fresh reading of such depictions shows that the concept of mercy was a contested one, directly shaped by tensions over the exercise of judgment by a woman on the throne.
Category: History