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1. The Equity of the Law: Law and Equity since Justinian
2014The author intends to show first how the civil law lost the dual structure of classical Roman law and secondly how it came to introduce a ban on an equitable review of the law. By the continuous interaction between 'law' and 'equity', Roman law attained an impressive flexibility, supervised and controlled by the praetor, who developed a complex system ...
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Critical Review of International Social and Political Philosophy, 2016
Equity is clearly central to Hobbes’s theory of the laws of nature, and it has an important place in his doctrine of the duties and exercise of sovereignty. It is also prominent in his general theory of law, especially as it is articulated in the late Dialogue between a Philosopher and a Student of the Common Laws of England.
Tom Sorell
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Equity is clearly central to Hobbes’s theory of the laws of nature, and it has an important place in his doctrine of the duties and exercise of sovereignty. It is also prominent in his general theory of law, especially as it is articulated in the late Dialogue between a Philosopher and a Student of the Common Laws of England.
Tom Sorell
exaly +2 more sources
SSRN Electronic Journal, 2006
In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
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In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
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SSRN Electronic Journal, 2020
With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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Israel Law Review, 1987
In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of
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In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of
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2017
While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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Practising Equity, Addressing Law. Equity in Law and Literature
2008This volume collects 23 papers from an eponymous May 2007 international conference held in Verona, Italy, on the concept of equity as it appears in law and in literature in legal, ethical, linguistic, and literary manifestations. Topics include linguistic analysis of the terms "equity," "equitable," and "just;" Platonic understandings of equity as an ...
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