Philosophical Foundations Of The Law Of Equity
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Philosophical Foundations Of The Law Of Equity
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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.
Philosophical Foundations Of The Law Of Express Trusts
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2023-11-03
Philosophical Foundations Of The Law Of Express Trusts written by 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 2023-11-03 with Law categories.
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
Equity
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Author : Irit Samet
language : en
Publisher: Oxford University Press
Release Date : 2018-12-06
Equity written by Irit Samet 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 2018-12-06 with Law categories.
This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
An Introduction To The Philosophy Of Law
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Author : Roscoe Pound
language : en
Publisher: DigiCat
Release Date : 2022-08-01
An Introduction To The Philosophy Of Law written by Roscoe Pound and has been published by DigiCat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Philosophy categories.
DigiCat Publishing presents to you this special edition of "An Introduction to the Philosophy of Law" by Roscoe Pound. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Equity In The Civil Law Tradition
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Author : Renato Beneduzi
language : en
Publisher:
Release Date : 2021
Equity In The Civil Law Tradition written by Renato Beneduzi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with 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).
Philosophical Foundations Of Fiduciary Law
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Author : Andrew S. Gold
language : en
Publisher: Philosophical Foundations of L
Release Date : 2014
Philosophical Foundations Of Fiduciary Law written by Andrew S. Gold and has been published by Philosophical Foundations of L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
Philosophical Foundations Of The Law Of Equity
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Author : Dennis Klimchuk
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-02-13
Philosophical Foundations Of The Law Of Equity written by Dennis Klimchuk and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-13 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.
Philosophical Foundations Of The Law Of Unjust Enrichment
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Author : Robert Chambers
language : en
Publisher: Philosophical Foundations of L
Release Date : 2009
Philosophical Foundations Of The Law Of Unjust Enrichment written by Robert Chambers and has been published by Philosophical Foundations of L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.
Maxims Of Equity
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Author : Michael Levenstein
language : en
Publisher: Algora Publishing
Release Date : 2014-03-01
Maxims Of Equity written by Michael Levenstein and has been published by Algora Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-01 with Law categories.
Equity is a world unto itself. Originally conceived and administered by the ancient Court of Chancery in England, this arcane body of rules and principles has matured into a distinct branch of modern jurisprudence, influencing almost every field of private law -- from contract and tort to company and real property. Specifically, equity seeks to fashion practical justice by alleviating the inflexibility of the common law when liable to produce unfair outcomes in addition to providing a more robust set of remedies, such as injunctions or specific performance, to aggrieved claimants. Chancery law is governed by a set of principles referred to as 'Maxims of Equity,' nearly twenty moral guidelines aimed at providing jurists a wide scope in overriding the rigors of private agreements and facilitating complex financial and proprietary transactions such as the creation and management of trusts of land. Recognizing these maxims as key insights--not only into our own legal order but into the moral values that society at large prioritizes--requires both philosophical dissection and the practical assessment of their efficacy. Such scrutiny ultimately permits a keen understanding of the nexus between ethics and law, their inevitable divergences and which areas of the latter are most in need of reform.
Philosophical Foundations Of The Law Of Express Trusts
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2023-11-30
Philosophical Foundations Of The Law Of Express Trusts written by 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 2023-11-30 with Law categories.
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.