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Conscience, Equity and the Court of Chancery in Early Modern England
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...
Conscience, Equity and the Court of Chancery in Early Modern England
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...
A Sourcebook on Equity and Trusts in Australia
The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.
The Cambridge Companion to Medieval English Law and Literature
A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
The Administration of Civil Justice in England and Wales
The Administration of Civil Justice in England and Wales provides information of how both criminal and civil law is administered. This book discusses the jurisdiction and composition of the country courts, civil work of the magistrates' courts, as well as of the High Court of Justice. Organized into 12 chapters, this book begins with an overview of the historical origins from which the modern courts have emerged. This text then explains the various strata of courts, namely country courts, magistrates' courts, the Court of Justice including its various divisions, and the appeal facilities that are available to litigants. Other chapters consider the different administrative tribunals and inquiries. The final chapter deals with the costs and the availability of legal aid and advice. This book is a valuable resource for readers who are interested in the administration of civil and criminal justice. Law students and newly qualified practitioners will also find this book useful.
Law and History
Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. It includes wide-ranging historiographical discussions, which examine the nature and aims of the legal historian, as well as contributions which explore the methodology and aims of writers such as Coke, Maine, Weber, Montesquieu...
An Introduction to English Legal History
A brief history of the principal English institutions and doctrines. Topics examined include law and custom in early Britain, the origins of common law, the judiciary and various courts, trial by jury, laws affecting property, and laws concerning marriage and divorce, nuisance, tort and defamation.
