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Books > Law > International law > Private international law & conflict of laws
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Equity and Administration (Paperback)
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Equity and Administration (Paperback)
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Each generation of lawyers in common law systems faces an important
question: what is the nature of equity as developed in English law
and inherited by other common law jurisdictions? While some
traditional explanations of equity remain useful - including the
understanding of equity as a system that qualifies the legal rights
people ordinarily have under judge-made law and under legislation -
other common explanations are unhelpful or misleading. This volume
considers a distinct and little noticed view of equity. By
examining the ways in which courts of equity have addressed a range
of practical problems regarding the administration of deliberately
created schemes for the management of others' affairs, modern
equity can be seen to have a strongly facilitative character. The
extent and limits on this characterisation of equity are explored
in chapters covering equity's attitude to administration in various
public and private settings in common law systems.
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