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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: 1317036638 Category : Literary Criticism Languages : en Pages : 189
Book Description
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.
Author: Michael Hunter Publisher: Routledge ISBN: 1000161684 Category : Philosophy Languages : en Pages : 442
Book Description
The image of Robert Boyle owes much to a series of evaluations of him written shortly after his death by men who had known him well, such as John Evelyn, Gilbert Burnet and Sir Peter Pett. This book includes a selection of these previously unpublished texts.
Author: Patricia Crawford Publisher: Routledge ISBN: 1136097562 Category : History Languages : en Pages : 279
Book Description
Patricia Crawford explores how the study of gender can enhance our understanding of religious history, in this study of women and their apprehensions of God in early modern England. The book has three broad themes: the role of women in the religious upheaval in the period from the Reformation to the Restoration; the significance of religion to contemporary women, focusing on the range of practices and beliefs; and the role of gender in the period. The author argues that religion in the early modern period cannot be understood without a perception of the gendered nature of its beliefs, institutions and language. Contemporary religious ideology reinforced women's inferior position, but, as the author shows, it was possible for some women to transcend these beliefs and profoundly influence history.
Author: Caroline Dakers Publisher: UCL Press ISBN: 1787350452 Category : History Languages : en Pages : 430
Book Description
Fonthill, in Wiltshire, is traditionally associated with the writer and collector William Beckford who built his Gothic fantasy house called Fonthill Abbey at the end of the eighteenth century. The collapse of the Abbey’s tower in 1825 transformed the name Fonthill into a symbol for overarching ambition and folly, a sublime ruin. Fonthill is, however, much more than the story of one man’s excesses. Beckford’s Abbey is only one of several important houses to be built on the estate since the early sixteenth century, all of them eventually consumed by fire or deliberately demolished, and all of them oddly forgotten by historians. Little now remains: a tower, a stable block, a kitchen range, some dressed stone, an indentation in a field. Fonthill Recovered draws on histories of art and architecture, politics and economics to explore the rich cultural history of this famous Wiltshire estate. The first half of the book traces the occupation of Fonthill from the Bronze Age to the twenty-first century. Some of the owners surpassed Beckford in terms of their wealth, their collections, their political power and even, in one case, their sexual misdemeanours. They include Charles I’s Chancellor of the Exchequer, and the richest commoner in the nineteenth century. The second half of the book consists of essays on specific topics, filling out such crucial areas as the complex history of the designed landscape, the sources of the Beckfords’ wealth and their collections, and one essay that features the most recent appearance of the Abbey in a video game.
Author: Dennis R. Klinck
Author: Dennis R. Klinck
Author: Christopher Wordsworth
Author: 
Author: Mark Fortier
Author: Michael Hunter
Author: Patricia Crawford
Author: Caroline Dakers
Author: Manasseh ben Israel
Author: Alexander Chalmers
Author: Alexander Chalmers