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Author: Dennis R. Klinck Publisher: Routledge ISBN: 1317161955 Category : History Languages : en Pages : 328
Book Description
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.
Author: Dennis R. Klinck Publisher: Routledge ISBN: 1317161955 Category : History Languages : en Pages : 328
Book Description
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.
Author: Mark Fortier Publisher: Routledge ISBN: 1317036670 Category : Literary Criticism Languages : en Pages : 232
Book Description
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
Author: Susan Broomhall Publisher: Springer ISBN: 1137531169 Category : History Languages : en Pages : 229
Book Description
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.
Author: Barbara J Shapiro Publisher: Bloomsbury Publishing ISBN: 1509934235 Category : Law Languages : en Pages : 272
Book Description
This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.
Author: John Baker Publisher: Oxford University Press ISBN: 0192540734 Category : Law Languages : en Pages : 736
Book Description
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.
Author: John C. P. Goldberg Publisher: Cambridge University Press ISBN: 1108421318 Category : Law Languages : en Pages : 483
Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author: Publisher: Martinus Nijhoff Publishers ISBN: 9004262202 Category : Law Languages : en Pages : 229
Book Description
In Law & Equity, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law?
Author: Peter R. Anstey Publisher: Routledge ISBN: 1315452677 Category : Philosophy Languages : en Pages : 299
Book Description
This collection presents the first sustained examination of the nature and status of the idea of principles in early modern thought. Principles are almost ubiquitous in the seventeenth and eighteenth centuries: the term appears in famous book titles, such as Newton’s Principia; the notion plays a central role in the thought of many leading philosophers, such as Leibniz’s Principle of Sufficient Reason; and many of the great discoveries of the period, such as the Law of Gravitational Attraction, were described as principles. Ranging from mathematics and law to chemistry, from natural and moral philosophy to natural theology, and covering some of the leading thinkers of the period, this volume presents ten compelling new essays that illustrate the centrality and importance of the idea of principles in early modern thought. It contains chapters by leading scholars in the field, including the Leibniz scholar Daniel Garber and the historian of chemistry William R. Newman, as well as exciting, emerging scholars, such as the Newton scholar Kirsten Walsh and a leading expert on experimental philosophy, Alberto Vanzo. The Idea of Principles in Early Modern Thought: Interdisciplinary Perspectives charts the terrain of one of the period’s central concepts for the first time, and opens up new lines for further research.
Author: David Chan Smith Publisher: Cambridge University Press ISBN: 1316148106 Category : History Languages : en Pages :
Book Description
Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.
Author: Derek Dunne Publisher: Springer ISBN: 1137572876 Category : Literary Criticism Languages : en Pages : 229
Book Description
This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.
Author: Dennis R. Klinck
Author: Dennis R. Klinck
Author: Mark Fortier
Author: Susan Broomhall
Author: Barbara J Shapiro
Author: John Baker
Author: John C. P. Goldberg
Author: 
Author: Peter R. Anstey
Author: David Chan Smith
Author: Derek Dunne