Equity and Administration

Equity and Administration
Author: P. G. Turner
Publisher: Cambridge University Press
Total Pages: 601
Release: 2016-05-26
Genre: Law
ISBN: 1107142733

What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

Equity and Law

Equity and Law
Author: John C. P. Goldberg
Publisher: Cambridge University Press
Total Pages: 483
Release: 2019-08
Genre: Law
ISBN: 1108421318

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.

Equity in the Civil Law Tradition

Equity in the Civil Law Tradition
Author: Renato Beneduzi
Publisher: Springer Nature
Total Pages: 180
Release: 2021-07-01
Genre: Law
ISBN: 3030780678

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).

Equity and Law

Equity and Law
Author: María José Falcón y Tella
Publisher: BRILL
Total Pages: 356
Release: 2008-12-31
Genre: Law
ISBN: 904744034X

Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

Law & Equity

Law & Equity
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 229
Release: 2013-10-31
Genre: Law
ISBN: 9004262202

Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.

Equity

Equity
Author: Sarah Worthington
Publisher: OUP Oxford
Total Pages: 400
Release: 2006-08-17
Genre: Law
ISBN: 0191018619

This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.

The Function of Equity in International Law

The Function of Equity in International Law
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.

Equity

Equity
Author: Irit Samet
Publisher:
Total Pages: 241
Release: 2018
Genre: Law
ISBN: 0198766777

The law of equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. By exploring the general principles that underlie equity's intervention in the common law, the book argues that equity should be preserved as a separate body of law which aims to align moral and legal duties in private law.