The Concept Of Equity In Early Modern European Legal Scholarship
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Author | : Lorenzo Maniscalco |
Publisher | : BRILL |
Total Pages | : 253 |
Release | : 2020-07-20 |
Genre | : Law |
ISBN | : 9004404813 |
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 | : Antonio Padoa-Schioppa |
Publisher | : Cambridge University Press |
Total Pages | : 823 |
Release | : 2017-08-03 |
Genre | : History |
ISBN | : 1107180694 |
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Author | : Darrin M. McMahon |
Publisher | : Basic Books |
Total Pages | : 476 |
Release | : 2023-11-14 |
Genre | : History |
ISBN | : 0465093949 |
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 |
Total Pages | : 353 |
Release | : 2020-09-03 |
Genre | : Law |
ISBN | : 1108490883 |
Explores networks of lawyers, legislators and litigators, and how they shape legal development in Britain and the world.
Author | : Dennis R. Klinck |
Publisher | : Routledge |
Total Pages | : 380 |
Release | : 2016-05-23 |
Genre | : History |
ISBN | : 1317161947 |
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 | : R. Malcolm Smuts |
Publisher | : Oxford University Press |
Total Pages | : 946 |
Release | : 2016-06-30 |
Genre | : Literary Criticism |
ISBN | : 0191074179 |
The Oxford Handbook of the Age of Shakespeare presents a broad sampling of current historical scholarship on the period of Shakespeare's career that will assist and stimulate scholars of his poems and plays. Rather than merely attempting to summarize the historical 'background' to Shakespeare, individual chapters seek to exemplify a wide variety of perspectives and methodologies currently used in historical research on the early modern period that can inform close analysis of literature. Different sections examine political history at both the national and local levels; relationships between intellectual culture and the early modern political imagination; relevant aspects of religious and social history; and facets of the histories of architecture, the visual arts, and music. Topics treated include the emergence of an early modern 'public sphere' and its relationship to drama during Shakespeare's lifetime; the role of historical narratives in shaping the period's views on the workings of politics; attitudes about the role of emotion in social life; cultures of honour and shame and the rituals and literary forms through which they found expression; crime and murder; and visual expressions of ideas of moral disorder and natural monstrosity, in printed images as well as garden architecture.
Author | : Catharine Titi |
Publisher | : Oxford University Press |
Total Pages | : 225 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198868006 |
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Author | : Heikki Pihlajamäki |
Publisher | : Oxford University Press |
Total Pages | : 1217 |
Release | : 2018-06-28 |
Genre | : Law |
ISBN | : 0191088374 |
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author | : David L. Marshall |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2010-03-31 |
Genre | : History |
ISBN | : 0521190622 |
This book examines the entirety of Giambattista Vico's oeuvre and demonstrates his significance as a theorist who adapted the discipline of rhetoric to modern conditions.
Author | : Katrin Ettenhuber |
Publisher | : Oxford University Press, USA |
Total Pages | : 280 |
Release | : 2011-07-07 |
Genre | : Biography & Autobiography |
ISBN | : 0199609101 |
A comprehensive re-examination of John Donne, through his response to the most iconic religious figure in Western theology, Saint Augustine of Hippo. This book significantly enriches our understanding of the reading and writing culture of Renaissance England, and of the religious debates and controversies in the decades leading up to the Civil War.