Nobody downloaded yet

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

Comments (0) Cite this document
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
Equity as a Framework of Law. History of Equity Jurisprudence
Read TextPreview

Extract of sample
"Equity as a Framework of Law. History of Equity Jurisprudence"

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
Cite this document
  • APA
  • MLA
(“Equity as a Framework of Law. History of Equity Jurisprudence Essay”, n.d.)
Retrieved from
(Equity As a Framework of Law. History of Equity Jurisprudence Essay)
“Equity As a Framework of Law. History of Equity Jurisprudence Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
It is recommended that an investor should purchase a stock if the market price of the stock is below its fair price. If the market price of the stock is above its fair price, then it is recommended that the stock is sold to obtain profits. The firm whose stock potential is being analyzed is Owens & Minor Inc.
4 Pages(1000 words)Essay
Internal alignment is done to tune up the organization with the present goals and objectives. The internal alignment is done to support the smooth flow of the activities in the organization with various departments by providing equal opportunity and paying for the worthiness of the work done by the employees.
2 Pages(500 words)Essay
Equity and the Law of Trusts
It was not until the 15th century that the Chancery was provided the rights to hold judicial power in the arena of Equity Trusts and upon further guidance by the Chancery, by the late 17th century, there was the appointment of lawyers by the Chancellor. Many inroads have taken place to provide the ability by lawyers and the Chancery to ensure proper body of rules, ethics and the framework for delivery of land laws.
6 Pages(1500 words)Essay
Equity and Trust Law
If the legal rules did not provide a solution to the problems, it was possible to petition the Crown. The origins of jurisdiction have brought in the principles of equity that could now be applied to every civil court in the land. According to some judicial interpretations, trusts are one of the greatest inventions of equity so such definitions would not make any fundamental distinction between trusts and equity and would consider trust as a branch of equity.
9 Pages(2250 words)Essay
Law Equity
Thus, ideology in this wise, is identified in what we do and not in what we know or are our beliefs. Our belief in an ideology is thus placed in advance of our taking into account that belief in "belief machines". An example of this is Althusser's Ideological State Apparatuses.
10 Pages(2500 words)Essay
King, perturbed by the legal effect, directed the Lord Chancellor to give judgement on matters that could be solved by natural justice. Initially decrees were pronounced under the royal name, later, it became a practice to do so, under the name of Lord Chancellor and the first decree in Chancellor's name came out in 1474.
3 Pages(750 words)Essay
The common law and equity systems of jurisprudence
So the cases when common law was not adequate were referred to the Court of Chancery established by the king. (Gifis, 1998) Court of Chancery was successful as it
6 Pages(1500 words)Essay
Equity law
rust, if it exists, Edward and Sandra will have to carry out the instructions laid out in the will to match the testator’s intent as far as possible. Hence, the testator’s intent needs to be determined, and if this is not clear, then the trusts that are implied under these
20 Pages(5000 words)Essay
Equity law
Accordingly as Halliwell (1997) portrays, equity continues to be wholly unaffected by any existing state laws, mitigating the prevailing rigors of common law. This allows courts to utilize existing discretion, when applying justice in
5 Pages(1250 words)Essay
In an alternate locale this may be considered one sort of advantage of law of trust. Regularly, person A wishes to leave property to someone else like person B. However, person A on
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Equity as a Framework of Law. History of Equity Jurisprudence for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us