[PDF] Conscience Equity And The Court Of Chancery In Early Modern England eBook

Author : Dennis R. Klinck
Publisher : Routledge
Page : 328 pages
File Size : 29,35 MB
Release : 2016-05-23
Category : History
ISBN : 1317161955

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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
Page : 226 pages
File Size : 38,88 MB
Release : 2016-03-16
Category : Literary Criticism
ISBN : 1317036670

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Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

Author : Jade Standing
Publisher : Taylor & Francis
Page : 189 pages
File Size : 50,49 MB
Release : 2024-01-31
Category : Literary Criticism
ISBN : 1003837603

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Having a conscience distinguishes humans from the most advanced A.I. systems. Acting in good conscience, consulting one’s conscience, and being conscience-wracked are all aspects of human intelligence that involve reckoning (deriving general laws from particular inputs and vice versa), and judgement (contemplating the relationship of the reckoning system to the world). While A.I. developers have mastered reckoning, they are still working towards the creation of judgement. This book sheds light on the reckoning and judgement of conscience by demonstrating how these concepts are explored in Everyman, Doctor Faustus, The Merchant of Venice, and Hamlet. Academic, student, or general-interest readers discover the complexity and multiplicity of the early modern concept of conscience, which is informed by the scholastic intellectual tradition, juridical procedures of the court of Chancery, the practical advice of Protestant casuistry, and Reformation theology. The aims are to examine the rubrics for thinking through, regulating, and judging actions that define the various consciences of Shakespeare’s day, to use these rubrics to interpret questions of truth and action in early modern plays, and to offer insights into what it is about conscience that developers want to grasp to eliminate the difference between human and non-human intelligences, and achieve true A.I.

Author : David Chan Smith
Publisher : Cambridge University Press
Page : 311 pages
File Size : 23,81 MB
Release : 2014-11-06
Category : History
ISBN : 1316148106

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Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.

Author : Abraham Stoll
Publisher : Cambridge University Press
Page : 231 pages
File Size : 37,71 MB
Release : 2017-10-05
Category : Literary Criticism
ISBN : 110831211X

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Conscience in Early Modern English Literature describes how poetry, theology, and politics intersect in the early modern conscience. In the wake of the Reformation, theologians attempt to understand how the faculty works, poets attempt to capture the experience of being in its grip, and revolutionaries attempt to assert its authority for political action. The result, Abraham Stoll argues, is a dynamic scene of conscience in England, thick with the energies of salvation and subjectivity, and influential in the public sphere of Civil War politics. Stoll explores how Shakespeare, Spenser, Herbert, and Milton stage the inward experience of conscience. He links these poetic scenes to Luther, Calvin, and English Reformation theology. He also demonstrates how they shape the public discourses of conscience in such places as the toleration debates, among Levellers, and in the prose of Hobbes and Milton. In the literature of the early modern conscience, Protestant subjectivity evolves toward the political subject of modern liberalism.

Author : Irit Samet
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 29,78 MB
Release : 2018
Category : Law
ISBN : 0198766777

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This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.

Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Page : 823 pages
File Size : 42,37 MB
Release : 2017-08-03
Category : History
ISBN : 1107180694

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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 : John C. P. Goldberg
Publisher : Cambridge University Press
Page : 483 pages
File Size : 44,32 MB
Release : 2019-08
Category : Law
ISBN : 1108421318

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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.

Author : Barbara J Shapiro
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 39,81 MB
Release : 2020-02-20
Category : Law
ISBN : 1509934235

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This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.