The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
"Explaining clearly the law and current practice of private equity transactions, this new edition of Private Equity: Law and Practice offers advice and information relevant to private equity investors, companies seeking funds, those financing deals and managers wishing to buy out a company.
The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: DT Gain a complete understanding of the topic: just the right amount of detail conveyed clearly DT Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear DT Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law DT Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Online Resources Centre An extensive Online Resource Centre provides a wide range of extra resources to further support studies, including: Student resources: DT Three video lectures presented by Gary Watt introduce key areas of debate within the subject DT General guidance on answering essay questions and problem scenarios DT Sample essay questions and problem scenarios, along with answer guidance DT Updates to the law post-publication DT Web links to further primary sources and commentary to aid your understanding DT Flashcard glossary to help test your knowlegde of key terms Lecturer resources: DT Test bank, comprising 200 multiple choice questions with answers and feedback
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.
In Law & Equity, specialists in the field examine the curious dual structure that shaped the law of England and Rome. Why did this dual structure come about and how did it influence historical developments in substantive law?
This well-respected textbook, offering a traditional approach to equity and trusts, has been a trusted resource for academics and students for nearly 50 years. It gives an exceptionally in-depth and thorough account of equity and trusts law, providing everything the student needs to understand the issues.
This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.
"Alastair Hudson's Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author's enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging.Beginning with the core principles, Professor Hudson reinforces the key points by means of clear examples throughout each chapter, helping students to build and develop their own knowledge of equity and trusts. A set of lively, discursive essays reflecting on the law then begin to outline the broader political, social and economic context of the subject and encourage the reader to begin to engage with their own critical analysis. Although aimed at Students, Alastair Hudson is also the author of a practitioner text and brings that experience and detail to Equity and Trusts, which has now come to be cited in courts across different jurisdictions.The seventh editionis supported by a companion website which includes:over 50 short podcast lectures by the author discussing and clarifying key topics from within the book, which cover an entire course; a set of brief video documentaries filmed on location which provide context and bring to life selected key topics; a brief introductory video presentation from the author introducing the viewer to the subject of Equity and Trusts and to the book in particular"--
Understanding Equity and Trusts is a sister text to Alastair Hudson's leading textbook Equity and Trusts, that gives those unfamiliar with the subject a clear, accessible, readable and comprehensive overview of the main themes in this dynamic area of the law. Whether used at the beginning of studying this field, as an aid to study or in the period before examinations, this book provides the reader with an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or general equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, pensions, trusts of homes and equitable remedies. The third edition has been revised and updated to include new material on investing trusts and trustee's duties and the material on charities has been substantially rewritten in the light of the Charities Act 2006. The law of trusts is built on simple basic principles. The approach of this book is to begin with a clear presentation of those principles before guiding the reader through the more complex issues which are the feature of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK’s bestselling law revision series. Features: · Review essential cases, statutes, and legal terms before exams. · Assess and approach the subject by using expert advice. · Gain higher marks with tips for advanced thinking and further discussions. · Avoid common pitfalls with Don’t be tempted to. · Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
Law, Common Law, Civil Law (legal System), Code (law), Justice, Natural Law, Substantive Law, Procedural Law, Lord Chancellor, Bleak House, Charles Dickens, Parody, Case Law, Court of Chancery
Author: Frederic P. Miller
Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly. In civil legal systems, broad "general clause" allow judges to have similar leeway in applying the code. Equity is commonly said to "mitigate the rigor of common law," allowing courts to use their discretion and apply justice in accordance with natural law. In practice, modern equity is limited by substantive and procedural rules, and English and Australian legal writers tend to focus on technical aspects of equity. There are 12 "vague ethical statements" which guide the application of equity, and an additional five can be added. As noted below, a historical criticism of equity as it developed was that it had no fixed rules of its own, with the Lord Chancellor from time to time judging in the main according to his own conscience. As time went on the rules of equity did lose much of their flexibility, and from the 17th century onwards equity was rapidly consolidated into a system of precedents much like its common-law cousin.
Gower and Davies is the clearest and most reliable text available to cover the increasingly complex subject of company law. Students, as well as those involved in company law on a day-to-day basis, can turn to Gower and Davies secure in the knowledge that it will be an interesting, thought provoking and above all understandable exposition of both law and practice.