Equity: evolution of equity - Essay Example

Equity: evolution of equity English laws are unique in nature as they are not drawn from other source; these laws have their own identity. English laws are inherited from their glorious past and evolved into various forms of legal aspects. The concept of equity rose in the era of king "Norman king William" conquered the Harold kingdom. The invasion of William has led to a turn around in the approach of regaining the control of entire English region.Prior to the procession of the crown by King William, the scenario was entirely different.

As, England was surrounded by many alien kingdoms and tribes, who occasionally used to invade the counties in England and used to gain control over them. The supreme in the mainland was unable to access to these happenings as the county used to very far from the main land with thick forests in between to cross. These constraints avoided the king to look into the concerns of the counties. When King William ascended the thrown he enforced a new system called "centralization" .The king is the supreme in authority and the governance was centered in his palace.

King William started to bifurcate the authority to the influential landlords (tenants- in-chief) of that each county. He started lending huge expanse which comes under control of the landlord. Landlords has to abide the law of the king, otherwise it used to lead to confiscation of the land from the land lord and punishing him for not being loyal to the king. By all means, being loyal to the king is necessary for the landlords to regain the authority on the expanse. The landlords in bifurcated their authority to smaller land lords (Mesne lords) called tenants.

These mesne and tenants-in-chief authorities were termed as "freehold" as they were given the authority to use the land in their own way abiding to the rules of the king. Under the bottom were the workers who work for the tenants with basic returns like food and shelter. They were bonded labourers to the tenants and their surveillance was upon the mercy of the tenant. As time has evolved this system was abolished.Even today the tenant culture exits in England as the queen is the supreme authority and the estate (land) is leased for a particular term.

Person who pays the rent will enjoy the land as long as he does that. The William's era has the distinction of introducing the classes according to standard of living of the people. King William introduced a series of reforms, he used to send his envoys to all parts to administrate the regions for revenue collection and dispute resolution and the envoys used to conglomerate in the king's palace to discuss the concerns of the region. By solving and replicating these concerns to other counties he has drawn a series of laws which he issued as Common law which is applicable to entire kingdom.

As, a part of dispute resolution of the cases there crept a need to establish special courts for different issues of concern. This concept has resulted in establishing first court of law known as "The court of exchequer". As, time has evolved several courts were established and the competition has increased as the courts became revenue generators. These courts were abolished under the judicature1873-75.The last court was "the court of king's bench" ,it is unique in its working as it accepted the inferior courts cases solved them in the presence of the queen.

The establishment of different courts has resulted in unlawful decisions, bribery etc as the competition increased in between the courts. Many courts were abolished in the term of 1873-75.A new supreme court was established with three divisions. The former existing courts have diluted the essence of the common law. The courts exposed many drawbacks in the common law.The "writ" issuing was confined to some influential sections. The law frame work was weak in structure, people used to exploit the same to suit their requirements.

Actions taken against the cases is rare, the content of form is vital than the action to be taken. The maximum compensation is set with a monetary value.The common law does not give a scope for "beneficiary under trust" or "mortgage" systems where the right bias cannot be declared but the equity has the ability to provide this. The superior court judge decision was final and was not allowed to amend. The concept of equity has its origin which dates back to13th century where the king ascertained the king was the supreme authority.

He was assisted by his chancellor who would look the concerns in equitable norm. He was assisted with chancery who works under the chancellors. This concept didn't work well as it led to disputes between two lawmakers till 17th century. The chancery is significant in establishing trust and mortgages and other valuable new remedies.The equity provided flexibility in drawing results. It gave the discretion of decision making to the third party i.e. the judges who will decide upon their perceived "maxims of thought".

Thus equity with a right blend of common laws can be implemented as the situation demands. The flexibility in decision making by the Supreme Court with its three divisions gave a scope to expand the span of effective decisions. The changes in the environments gradually demand decisions suitable to those prevailing environmental conditions.Reference sources:Unit 1,The English legal system, Lesson 3,development of English law.