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The Culture of Equity in Early Modern England

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Release : 2016-03-16
Genre : Literary Criticism
Kind : eBook
Book Rating : 662/5 ( reviews)

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Book Synopsis The Culture of Equity in Early Modern England by : Mark Fortier

Download or read book The Culture of Equity in Early Modern England written by Mark Fortier. This book was released on 2016-03-16. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

The Culture of Equity in Early Modern England

Download The Culture of Equity in Early Modern England PDF Online Free

Author :
Release : 2016-03-16
Genre : Literary Criticism
Kind : eBook
Book Rating : 670/5 ( reviews)

GET EBOOK


Book Synopsis The Culture of Equity in Early Modern England by : Mark Fortier

Download or read book The Culture of Equity in Early Modern England written by Mark Fortier. This book was released on 2016-03-16. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

The Culture of Equity in Restoration and Eighteenth-Century Britain and America

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Release : 2016-03-16
Genre : Literary Criticism
Kind : eBook
Book Rating : 646/5 ( reviews)

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Book Synopsis The Culture of Equity in Restoration and Eighteenth-Century Britain and America by : Mark Fortier

Download or read book The Culture of Equity in Restoration and Eighteenth-Century Britain and America written by Mark Fortier. This book was released on 2016-03-16. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.

Women, Murder, and Equity in Early Modern England

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Author :
Release : 2007-12-12
Genre : Literary Criticism
Kind : eBook
Book Rating : 444/5 ( reviews)

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Book Synopsis Women, Murder, and Equity in Early Modern England by : Randall Martin

Download or read book Women, Murder, and Equity in Early Modern England written by Randall Martin. This book was released on 2007-12-12. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of over 120 printed news reports of murders and infanticides committed by early modern women. It offers an interdisciplinary analysis of female homicide in post-Reformation news formats ranging from ballads to newspapers. Individual cases are illuminated in relation to changing legal, religious, and political contexts, as well as the dynamic growth of commercial crime-news and readership.

Conscience, Equity and the Court of Chancery in Early Modern England

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Release : 2016-05-23
Genre : History
Kind : eBook
Book Rating : 947/5 ( reviews)

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Book Synopsis Conscience, Equity and the Court of Chancery in Early Modern England by : Dennis R. Klinck

Download or read book Conscience, Equity and the Court of Chancery in Early Modern England written by Dennis R. Klinck. This book was released on 2016-05-23. Available in PDF, EPUB and Kindle. Book excerpt: 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 consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

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