Essays On The History Of Equity
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Essays On The History Of Equity
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Author : D Foster
language : en
Publisher: Hart Publishing
Release Date : 2025-07-17
Essays On The History Of Equity written by D Foster and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-17 with Law categories.
This volume presents various facets of the history of equity in England between the 14th and 20th centuries. Writing a history (or histories) of equity automatically raises difficult questions of philosophy and theology, as well as jurisprudence and legal history. When one speaks of 'equity', for example, do we mean Aristotelian epieikeia, civilian aequitas, a theological/juridical conscience, the common law concept of the 'equity of the statute', or merely the rules applied by the court of chancery before 1875? This terminological problem is compounded when we consider how these ideas were developed over time. Whilst conscience had been an organising concept for St German, the political disputes surrounding the Earl of Oxford's case introduced the prerogative into contemporary understandings of the chancery's jurisdiction. The emergence of clear, doctrinal rules governing (inter alia) the equity of redemption and the beneficiary's right under a trust may well be attributable to the complex interplay of theory and practice in the central courts of equity at this time. If the earlier history of equity remains somewhat obscure, the same is no less true of developments in the 18th, 19th, and 20th centuries. Whereas the historian of the 14th century might search in vain for new material, the modern era poses the opposite problem. The overwhelming glut of undigested information in the later period – treatises, court records, reports, pamphlets, practice manuals – raises obvious issues of source selection when generating new narratives for the period. Whether by investigating the historical foundations of the modern law, the jurisprudential underpinnings of the equitable jurisdiction, or the socio-political context of discrete legal developments, this collection of essays exposes the strands of thought which 'equity' comprises and the mechanisms by which its rules evolved. In so doing, this collection provides a useful way-marker for future studies in the nature and history of English equity.
An Historical Sketch Of The Equitable Jurisdiction Of The Court Of Chancery
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Author : Duncan Mackenzie Kerly
language : en
Publisher: Forgotten Books
Release Date : 2015-06-26
An Historical Sketch Of The Equitable Jurisdiction Of The Court Of Chancery written by Duncan Mackenzie Kerly and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with Law categories.
Excerpt from An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery: Being the Yorke Prize Essay of the University of Cambridge for 1889 While so may books have been published upon every branch of the text of English Law, it is strange that so little attention should have been paid to its history. Reeves' History is still the only account of the progress and development of the common law as a whole, and no similar history of the great rival system of equity has ever appeared. Much has been written, indeed, upon the origin of the extraordinary jurisdiction of the Chancellors, and upon the genesis of particular branches of equity, as, for instance, trusts. The learned work of Spence, and the admirable introduction to the Close Rolls by Sir Duffus Hardy are accepted authorities on the origin of English equity, and quite recently new light has been thrown upon the subject by a number of essays in the Law Quarterly Review, and by Mr Pike's introductions to the Year Books of 12, 13, and 13, 14 Edward III. in the Rolls series. The second part of the first volume of Spence contains, besides the account of the rise and establishment of the equitable jurisdiction of the Court of Chancery already referred to, a description of equity at, and before the end of the reign of Charles I, a large part of which, however, is based upon inferences drawn from decisions of Lord Nottingham and other Chancellors who belong to the period following the Rebellion. These scattered fragments are, so far as I am aware, the only history of equity we have. The following essay does not pretend, in any way, to fill the gap, or to rival the elaborate history of the common law mentioned above. Its aim, as indeed its size sufficiently suggests, is far less ambitious. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Essays In Law And History
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Author : Sir William Searle Holdsworth
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1995
Essays In Law And History written by Sir William Searle Holdsworth and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law. "These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians." --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255 WILLIAM S. HOLDSWORTH [1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938). ARTHUR LEHMAN GOODHARD [1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College. HAROLD GREVILLE HANBURY [1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).
Essays In Equity
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Author : Harold Greville Hanbury
language : en
Publisher:
Release Date : 1934
Essays In Equity written by Harold Greville Hanbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1934 with Equity categories.
Essays On Constitutional Law And Equity
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Author : Henry Schofield
language : en
Publisher: Palala Press
Release Date : 2016-05-07
Essays On Constitutional Law And Equity written by Henry Schofield and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-07 with categories.
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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
Essays On Constitutional Law And Equity And Other Subjects
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Author : Henry Schofield
language : en
Publisher: Palala Press
Release Date : 2015-09-01
Essays On Constitutional Law And Equity And Other Subjects written by Henry Schofield and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-01 with categories.
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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. 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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
Essays On Constitutional Law And Equity
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Author : HardPress
language : en
Publisher: Hardpress Publishing
Release Date : 2013-01
Essays On Constitutional Law And Equity written by HardPress and has been published by Hardpress Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01 with categories.
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Essays In Jurisprudence And Legal History
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Author : Sir John William Salmond
language : en
Publisher:
Release Date : 1891
Essays In Jurisprudence And Legal History written by Sir John William Salmond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Contracts categories.
Selected Essays On Equity
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Author : Edward Domenic Re
language : en
Publisher:
Release Date : 1955
Selected Essays On Equity written by Edward Domenic Re and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with Equity categories.
An Historical Sketch Of The Equitable Jurisdiction Of The Court Of Chancery
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Author : Sir Duncan Mackenzie Kerly
language : en
Publisher: Forgotten Books
Release Date : 2018-01-20
An Historical Sketch Of The Equitable Jurisdiction Of The Court Of Chancery written by Sir Duncan Mackenzie Kerly and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-20 with Law categories.
Excerpt from An Historical Sketch of the Equitable Jurisdiction of the Court of Chancery: Being the Yorke Prize Essay of the University of Cambridge for 1889 I have derived much assistance from Spence and from the introductions and essays referred to above, and, as regards the history of the court, and of the Chancellors who presided over it, from Parkes' History of the Court of Chancery and Lord Campbell's Lives of the Chancellors, and for the materials of the 12th chapter, on the growth of modern equity, I have drawn largely upon the stores collected in White and Tudor's Leading Cases. My indebtedness to these and the other works and authorities of which I have made use is fully acknowledged in the notes. I have added, in the notes to the 12th chapter, some references, (printed in heavy type) to recent cases in which the principles summarised in the text have been discussed and illustrated, in the hope that, with their assistance, the account of the leading cases and of the doctrines established by them given in that chapter may be useful as a first introduction to a study of modern equity. The majority of the recent cases are taken from Brett's Leading Cases in M odern Equity, where the facts of, and extracts from the judgments in the cases are set out, and I am indebted to Mr Brett and his publishers for permission kindly accorded to me, to make use of his valuable collection. I have to thank my friend Mr A. Wood Renton for his kindness in reading the proof sheets of the essay. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.