Equity Stirring

Download or read book Equity Stirring written by Gary Watt and published by Bloomsbury Publishing. This book was released on 2009-07-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities

Download or read book Equity written by Irit Samet and published by Oxford University Press. This book was released on 2018-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.

Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Download or read book The Principles of Equity & Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.

Download or read book Trusts and Equity written by Gary Watt and published by Oxford University Press. This book was released on 2016 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seventh edition of Trusts & Equity builds on the successful approach taken in previous editions and continues to offer students a thorough and enthusiastic analysis of this complex field of law. Drawing on years of experience as a teacher, writer, and researcher, Gary Watt brings a lively, engaging approach to the subject in this detailed text. Framing the study of trusts and equity within a unique conceptual framework of the four key perspectives, precedent, principle, policy, and pragmatism, Watt explains the reasons behind key decisions with clarity and rigour. The subject is brought to life through engaging cultural and historical references, placing the law within contexts that readers will relate to. This book encourages you to engage actively with the subject and to think critically about its central issues. For further details on new cases and legislation included in this edition, please see page xi. Book jacket.

Download or read book Law Express Question and Answer: Equity and Trusts written by John Duddington and published by Pearson UK. This book was released on 2014-03-04 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the BESTSELLING Law Express revision series. Law Express Question and Answer: Equity and Trusts is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

Download or read book Capitalism and the Equity Fetish written by Robert Herian and published by Springer Nature. This book was released on 2021-01-21 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command them within capitalism. Dr. Herian’s book is both a complementary and countervailing narrative to many mainstream legal accounts, one that critiques core and influential areas of legal knowledge and practice. Central to the book’s thesis is a rich collaboration of ideas and perspectives that consider what is at stake from institutions, concepts, and practices of equity and civil justice tied to the subjective psychic life and the unconscious desires of capitalist stakeholders. The book aims to address several questions, including how capitalism has imagined and shaped equity and civil justice since the nineteenth century; how capitalism acts as a well-spring of desire for forms of justice that wrap-around and sustain complex frameworks of private property power and ownership; and how equity supports agile neoliberal strategies of justice and reason in the twenty-first century.