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Equity as a Framework of Law. History of Equity Jurisprudence - Essay Example

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Common law can be defined as the body of precedents in law that are compiled through a number of court decisions made in the past, as well as similar tribunals, as opposed to legislative statutes and actions of the executive…
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Equity as a Framework of Law. History of Equity Jurisprudence
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Download file to see previous pages The author provides an intensive discussion of equity by placing the law within the wider context of the changes it has gone through throughout history. This book compares equity and modern law, which is relevant to this discussion, especially in considering the various conflicts, which are present. Dixon M, Contemporary Perspectives on Property, Equity, and Trusts Law (1st, Oxford University Press, Oxford 2007) Martin Dixon counters common perceptions about equity as an area of law that is static, continuing the argument presented by Scott Atkins in Equity and Trusts. The author sets out to demonstrate that equity is still vibrant and dynamic with case law and new legislation. Divided into two parts, the second portion of the book sees the author focus on conscience and natural justice with regards to equity and impact of equity law on various regulations in the UK. This book will aid in my discussions on the nature of equity and its conflict with law. Rahmatian A, Introduction: Lord Kames and His Principles of Equity (3rd, Glasgow, University of Glasgow 2011) 42 This book is a work of applied legal philosophy with principled and logical jurisprudential discussion regarding the scenarios of legal conflicts and solutions that equity proposed. The author argues that equity allows for the development of abstract paradigms and mechanisms for legal solutions, which act to inspire real life solutions sans requirement to adhere slavishly to the model. According to the author, equity bridges the gap between the meticulous but exegetic lawyer and the creative but not meticulous philosopher. This will be used to discuss the nature of equity and its role in mediating legal conflicts that require more than just legal interpretation. Ahart A, 'A Stern Reminder That the...
These precedents in law refer to the rules used by judges of common law to make decisions in legal disputes. Judges in the common law legal system are responsible for creating and/or refining laws. Common law is binding to any future decisions made by the court, although a court’s decisions can only bind future decisions in that specific jurisdiction. Equity refers to legal principles that follow in the traditions of English common Law in every jurisdiction and supplement potentially harsh application of strict rules of law, to achieve natural justice. This paper will seek to elaborate on the creation of the equity system and the reasoning behind it, as well as the nature of equity and its conflict with common law.
Emergence of Equity as a System of Law
Early English equity jurisprudence history shows a clear distinction from law. This distinction, however, has become blurred with time. Equity refers, generally, to correction of errors or defects present in the law. The concept of equity has apparent roots to Aristotle’s concept of equity as an exception to the rule, in which the pronouncement made by the lawgiver was erroneous and defective. A law could be deemed erroneous or defective for various reasons, including the need to avoid the possibility of administering injustice when deciding “hard cases”. ...Download file to see next pagesRead More
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