Equity in Its Relations to Common Law: A Study in Legal Development
Language: English
Published by Forgotten Books, 2018
- Softcover
- New
Seller: Forgotten Books, London, United KingdomForgotten Books
AbeBooks seller since June 2, 2021
Condition: New
US$ 20.73
Quantity: Over 20 available
Add to basketItem description from seller
Print on Demand. This book delves into the captivating history of equity, a branch of law that evolved to address the limitations and rigidity of the common law system. The author explores the contrasting theories surrounding equity jurisdiction, examining whether its origins lie in procedural deficiencies of common law or in a distinct ethical framework. The narrative traces the development of equity from its roots in the discretionary powers of the King and the Roman Praetor to its eventual solidification as a complex legal system. It contrasts the Roman Praetor's interventions in areas like peregrin law and intestate succession with the English Chancellor's focus on trusts and other equitable doctrines. The author delves into the challenges posed by the common law's formalism and adherence to precedent, highlighting how equity emerged to provide relief through its flexible principles and remedies. By examining landmark cases and influential legal figures, this book offers a comprehensive analysis of equity's role in shaping the legal landscape. The author's insights illuminate the enduring tension between adherence to established rules and the pursuit of fairness, ultimately demonstrating how equity's principles continue to influence modern legal systems in their quest for justice. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book.…
Seller Inventory # 9781330297353_0
- Title
- Equity in Its Relations to Common Law: A Study in Legal Development
- Author
- William Weldon Billson
- Publisher
- Forgotten Books
- Publication year
- 2018
- Condition
- New
- Book Type
- print-on-demand item
- Binding
- Paperback
- Language
- English
- ISBN 10
- 1330297350
- ISBN 13
- 9781330297353
- Seller catalogs
- Law
The general theory of the subject is fully developed in the first five chapters,at the close of which are enumer ated the lines, nine in number, along which equity seems to have relieved from imperfections in the common law not referable to procedural incapacity. The remain ing chapters seek to verify the view taken, by exhibiting in detail the activities of English equity along these several lines. The original purpose of the author was so to trace the workings of equity in all of the nine indicated directions. Impairment of health has re quired a discontinuance of the work after dealing only with the three first in order and importance equity's peculiar regard for substance at the expense of forms, her doctrines of fraud, and her doctrines of uses and trusts. If, however, the work as it stands amply demonstrates the accuracy of its general conceptions of equity, as the author ventures to believe that it does, the missing chapters could have added but little to its value.
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Forgotten Books’ Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the quality of the aged text.
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