Giustizia Come Equit
DOWNLOAD
READ
Download Giustizia Come Equit PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Giustizia Come Equit book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Equity In The Civil Law Tradition
DOWNLOAD
READ
Author : Renato Beneduzi
language : en
Publisher: Springer Nature
Release Date : 2021-07-01
Equity In The Civil Law Tradition written by Renato Beneduzi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
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).
Equity And Law
DOWNLOAD
READ
Author : María José Falcón y Tella
language : en
Publisher: BRILL
Release Date : 2008
Equity And Law written by María José Falcón y Tella and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
Conscience Equity And The Court Of Chancery In Early Modern England
DOWNLOAD
READ
Author : Dennis R. Klinck
language : en
Publisher: Routledge
Release Date : 2016-05-23
Conscience Equity And The Court Of Chancery In Early Modern England written by Dennis R. Klinck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with History categories.
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.
Principles Of Equity
DOWNLOAD
READ
Author : Lord Henry Home Kames
language : en
Publisher:
Release Date : 1760
Principles Of Equity written by Lord Henry Home Kames and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1760 with Equity categories.
Philosophical Foundations Of The Law Of Equity
DOWNLOAD
READ
Author : Dennis Klimchuk
language : en
Publisher: Oxford University Press
Release Date : 2020-04-02
Philosophical Foundations Of The Law Of Equity written by Dennis Klimchuk and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Justice And Equity
DOWNLOAD
READ
Author : Serge-Christophe Kolm
language : en
Publisher: MIT Press
Release Date : 1997
Justice And Equity written by Serge-Christophe Kolm and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Business & Economics categories.
A major work on the foundations of normative economics.
Principles Of Equity
DOWNLOAD
READ
Author :
language : en
Publisher:
Release Date : 1825
Principles Of Equity written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1825 with categories.
Principles Of Equity
DOWNLOAD
READ
Author : Lord Henry Home Kames
language : en
Publisher: Franklin Classics Trade Press
Release Date : 2018-10-18
Principles Of Equity written by Lord Henry Home Kames and has been published by Franklin Classics Trade Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 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 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. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Justice And Law
DOWNLOAD
READ
Author : María José Falcón y Tella
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-05-08
Justice And Law written by María José Falcón y Tella and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-08 with Law categories.
Apart from considering classical theories of justice from Aristotle, Plato, Saint Thomas Aquinas, the Bible, and the Quran, the aim of Justice and Law is to focus on the contemporary vista, reviewing some of the modern ideas of justice advanced by legal philosophers of our time, such as John Rawls, Jürgen Habermas, Ronald Dworkin, Robert Nozick, Richard A. Posner, Wojciech Sadurski, Marxism, or Feminist Theories. In the second part of the work, María José Falcón y Tella deals with some of the principal themes relating to justice, such as punishment, civil disobedience, conscientious objection, just war, conflict of duties, and tolerance.
Equity And Law
DOWNLOAD
READ
Author : María José Falcón y Tella
language : en
Publisher: BRILL
Release Date : 2008-12-31
Equity And Law written by María José Falcón y Tella and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-31 with Law categories.
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.