eBook PDF Download Digital Library
Author: Lorenzo Maniscalco
Publisher: BRILL
Published: 2020-07-20
Total Pages: 253
ISBN-13: 9004404813
DOWNLOAD EBOOK →Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Author: Gregory Kneidel
Publisher:
Published: 2015
Total Pages:
ISBN-13: 9780820706122
DOWNLOAD EBOOK →"For Donne scholars, this book brings a fresh body of legal scholarship to bear on Donne's early poetry and, conversely, for scholars working in the field of law and early modern literature, it reevaluates the links between law and satire"--
Author: Michael R. T. Macnair
Publisher: Duncker & Humblot
Published: 2013-06-21
Total Pages: 328
ISBN-13: 9783428491988
DOWNLOAD EBOOK →This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Author: Gregory Kneidel
Publisher: Medieval & Renaissance Literar
Published: 2015
Total Pages: 0
ISBN-13: 9780820704814
DOWNLOAD EBOOK →"For Donne scholars, this book brings a fresh body of legal scholarship to bear on Donne's early poetry and, conversely, for scholars working in the field of law and early modern literature, it reevaluates the links between law and satire"--
Author: Lynne A. Greenberg
Publisher: Routledge
Published: 2017-09-19
Total Pages: 616
ISBN-13: 1351964461
DOWNLOAD EBOOK →The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.
Author: Sophie Turenne
Publisher: Cambridge University Press
Published: 2023-04-30
Total Pages: 307
ISBN-13: 1009246372
DOWNLOAD EBOOK →Essays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
Author: George Tucker Bispham
Publisher: Legare Street Press
Published: 2023-07-18
Total Pages: 0
ISBN-13: 9781020928000
DOWNLOAD EBOOK →A classic text of legal scholarship, Principles of Equity is a thorough and comprehensive introduction to the principles of equity law. Covering everything from trusts and mortgages to injunctions and specific performance, this book is an invaluable resource for students, legal professionals, and anyone interested in the history and evolution of equitable jurisprudence. 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. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Darrin M. McMahon
Publisher: Basic Books
Published: 2023-11-14
Total Pages: 476
ISBN-13: 0465093949
DOWNLOAD EBOOK →The definitive history of the idea of equality—and why we’re so ambivalent about it Equality is in crisis. Our world is filled with soaring inequalities, spanning wealth, race, identity, and nationality. Yet how can we strive for equality if we don’t understand it? As much as we have struggled for equality, we have always been profoundly skeptical about it. How much do we want, and for whom? Darrin M. McMahon’s Equality is the definitive intellectual history, tracing equality’s global origins and spread from the dawn of humanity through the Enlightenment to today. Equality has been reimagined continually, in the great world religions and the politics of the ancient world, by revolutionaries and socialists, Nazis and fascists, and postwar reformers and activists. A magisterial exploration of why equality matters and why we continue to reimagine it, Equality offers all the tools to rethink equality anew for our own age.
Author: Michael Lobban
Publisher: Cambridge University Press
Published: 2020-09-03
Total Pages: 353
ISBN-13: 1108863752
DOWNLOAD EBOOK →Network and Connections in Legal History examines networks of lawyers, legislators and litigators, and how they shaped legal development in Britain and the world. It explores how particular networks of lawyers - from Scotland to East Florida and India - shaped the culture of the forums in which they operated, and how personal connections could be crucial in pressuring the legislature to institute reform - as with twentieth century feminist campaigns. It explores the transmission of legal ideas; what happened to those ideas was not predetermined, but when new connections were made, they could assume a new life. In some cases, new thinkers made intellectual connections not previously conceived, in others it was the new purposes to which ideas and practices were applied which made them adapt. This book shows how networks and connections between people and places have shaped the way that legal ideas and practices are transmitted across time and space.
Author: Renato Beneduzi
Publisher: Springer Nature
Published: 2021-07-01
Total Pages: 180
ISBN-13: 3030780678
DOWNLOAD EBOOK →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).
