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 : 52.64 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

Law And Authority In British Legal History 1200 1900

Author : Mark Godfrey
ISBN : 9781316483381
Genre : History
File Size : 61.61 MB
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By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.
Category: History

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

Author : Mark Fortier
ISBN : 9781317036647
Genre : Literary Criticism
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Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.
Category: Literary Criticism

The Law Of Contract 1670 1870

Author : Warren Swain
ISBN : 9781316240007
Genre : Law
File Size : 54.54 MB
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The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
Category: Law

Authority Gender And Emotions In Late Medieval And Early Modern England

Author : Susan Broomhall
ISBN : 9781137531162
Genre : History
File Size : 75.57 MB
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This collection explores how situations of authority, governance, and influence were practised through both gender ideologies and affective performances in medieval and early modern England. Authority is inherently relational it must be asserted over someone who allows or is forced to accept this dominance. The capacity to exercise authority is therefore a social and cultural act, one that is shaped by social identities such as gender and by social practices that include emotions. The contributions in this volume, exploring case studies of women and men's letter-writing, political and ecclesiastical governance, household rule, exercise of law and order, and creative agency, investigate how gender and emotions shaped the ways different individuals could assert or maintain authority, or indeed disrupt or provide alternatives to conventional practices of authority.
Category: History

Elizabeth I And Her Circle

Author : Susan Doran
ISBN : 9780191033568
Genre : History
File Size : 79.92 MB
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This is the 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? How close was she 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 just as crucial were her relations with her courtiers and her councillors. Here again, the story raises a host of fascinating questions. Was the queen really sexually jealous of her maids of honour? Did physically attractive male favourties dominate her court? 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? And how did courtiers and councillors deal with their demanding royal mistress?
Category: History

Contracts Of Fiction

Author : Ellen Spolsky
ISBN : 9780190232160
Genre : Literary Criticism
File Size : 57.45 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 : 25.98 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 : 39.87 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

Case Law In The Making

Author : Alain A. Wijffels
ISBN : STANFORD:36105061861386
Genre : Law
File Size : 77.33 MB
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Category: Law