Equity Stirring

Equity Stirring
Author: Gary Watt
Publisher: Bloomsbury Publishing
Total Pages: 286
Release: 2009-07-17
Genre: Law
ISBN: 1847315240

Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities

The Culture of Equity in Restoration and Eighteenth-Century Britain and America

The Culture of Equity in Restoration and Eighteenth-Century Britain and America
Author: Mark Fortier
Publisher: Routledge
Total Pages: 189
Release: 2016-03-16
Genre: Literary Criticism
ISBN: 1317036638

Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.

Conscience, Equity and the Court of Chancery in Early Modern England

Conscience, Equity and the Court of Chancery in Early Modern England
Author: Dennis R. Klinck
Publisher: Ashgate Publishing, Ltd.
Total Pages: 336
Release: 2010
Genre: History
ISBN: 9780754667742

This study tackles the difficult yet crucial subject of the place of conscience in the development of English law, illuminating what is meant by describing the Court of Chancery as a 'court of conscience'. Addressing the notion of 'conscience' as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how this was understood in the early modern period. The study concludes with an exploration of the chancellorship of Lord Nottingham (1673-82), who is often regarded as the father of modern equity through his efforts to transform equity from a jurisdiction associated with discretion, into one based on 'rules'.

Shakespeariana

Shakespeariana
Author: Charlotte Endymion Porter
Publisher:
Total Pages: 286
Release: 1893
Genre:
ISBN:

With v. 6 was issued "The Teachers' supplement. Conducted by W.S. Allis," no. 1-2, May-Oct. 1889.