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Principles of Equity (Paperback, New ed)
Loot Price: R368
Discovery Miles 3 680
You Save: R22
(6%)
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Principles of Equity (Paperback, New ed)
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List price R390
Loot Price R368
Discovery Miles 3 680
You Save R22 (6%)
Expected to ship within 12 - 17 working days
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Henry Home, Lord Kames, was the complete 'Enlightenment man',
concerned with the full spectrum of human knowledge and its social
use. However, as a lawyer and, after 1752, as a judge on the Court
of Session in Edinburgh, he made many of his most distinctive
contributions through his works on the nature of law and legal
development. PRINCIPLES OF EQUITY, first published in 1760, is
considered his most lasting contribution to jurisprudence and is
still cited. In his jurisprudence, Kames specifically sought to
explain the distinction between the nature of equity and common law
and to address related questions, such as whether equity should be
bound by rules and whether there should be separate courts of law
and equity. Beginning with a general introduction on the rise and
nature of equity, PRINCIPLES OF EQUITY is divided into three books.
The first two, 'theoretical', books examine the powers of a court
of equity as derived from justice and from utility, the two great
principles Kames felt governed equity. The third book aims to be
more practical, showing the application of these powers to several
subjects, such as bankrupts. PRINCIPLES OF EQUITY is significant as
an example of the approach of an Enlightenment thinker to practical
legal questions and as an early attempt to reduce law to
principles. There is evidence that this book was well known in the
formative years of the United States and that both Benjamin
Franklin and Thomas Jefferson were familiar with Kames's treatise.
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