1. Foundations

2020 ◽  
pp. 3-32
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
History Of ◽  
The Common ◽  
Special Concern ◽  
Trust Property ◽  
Court Of Chancery ◽  
Conceptual Foundations ◽  
The Relationship ◽  
Historical Origins

This chapter focuses on the historical and conceptual foundations of trusts and equity, first examining the history of the relationship between law and equity, including the historical origins of the trust. It then explains the idea of equity and how it is intertwined with the common law, and compares the trust with concepts such as gifts and contracts. The chapter shows that the trust arose in response to equity’s special concern to ensure that legal rights are not used in bad conscience, but later developed into a sophisticated institution governed by established rules. It looks at the reform of the Court of Chancery and considers trust property, equitable rights under a trust, separation of legal and equitable title, and the paradox of property and obligation.

1. Foundations

2018 ◽  
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
History Of ◽  
The Common ◽  
Special Concern ◽  
Trust Property ◽  
Court Of Chancery ◽  
Conceptual Foundations ◽  
The Relationship ◽  
Historical Origins

This chapter focuses on the historical and conceptual foundations of trusts and equity, first examining the history of the relationship between law and equity, including the historical origins of the trust. It then explains the idea of equity and how it is intertwined with the common law, and compares the trust with concepts such as gifts and contracts. The chapter shows that the trust arose in response to equity's special concern to ensure that legal rights are not used in bad conscience, but later developed into a sophisticated institution governed by established rules. It looks at the reform of the Court of Chancery and considers trust property, equitable rights under a trust, separation of legal and equitable title, and the paradox of property and obligation.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

16. Equitable maxims, doctrines, and remedies

2020 ◽  
pp. 563-606
Author(s):  
Gary Watt
Keyword(s):  
Supreme Court ◽  
Special Function ◽  
Common Law ◽  
Legal Rights ◽  
Court Cases ◽  
Very Old ◽  
The Common ◽  
Court Of Chancery ◽  
Over Time ◽  
The Way

In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter considers particular principles (including maxims), doctrines (including conversion, satisfaction, performance, and election), and remedies that have been developed over time to help predict the way in which equity will operate in various types of cases.

scholarly journals Honos alit artes. Studi per il settantesimo compleanno di Mario Ascheri. IV. L’età moderna e contemporanea

2015 ◽  
Keyword(s):  
Eighteenth Century ◽  
Social History ◽  
Legal Status ◽  
Common Law ◽  
Legal Tradition ◽  
Administration Of Justice ◽  
History Of ◽  
The Common ◽  
History Of Europe ◽  
The Relationship

The studies included in this volume analyze the legal and social history of Europe and North America by the end of the eighteenth century to the contemporary age. The study investigates the relationship between culture and legal status (science, law and government), the administration of justice and the transformation of the legal professions. That lights up the separation, in the whole complex of Western legal tradition, that identifies the countries of the common law.

Crime, Compurgation and the Courts of the Medieval Church

1983 ◽  
Vol 1 (1) ◽  
pp. 1-26 ◽  
Author(s):  
R. H. Helmholz
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Common Law ◽  
Source Material ◽  
Legal Development ◽  
Medieval Church ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
The Relationship

The history of criminal law has claimed an increasing share of the attention of legal and social historians in recent years. Undeterred by Professor Milsom's verdict that in the area of English criminal law, ‘nothing worthwhile was created,’ historians have plunged into the study of doctrine and practice in the common law courts. The attractions of the source material are undoubtedly great. The law is relatively straightforward, at least compared to land litigation. The cases are interesting and sometimes sensational. The subject matter promises rewards in understanding the relationship between social change and legal development. And the study may even be immediately relevant, shedding light on current law enforcement problems.

16. Equitable maxims, doctrines, and remedies

2018 ◽  
Author(s):  
Gary Watt
Keyword(s):  
Supreme Court ◽  
Special Function ◽  
Common Law ◽  
Legal Rights ◽  
Court Cases ◽  
Very Old ◽  
The Common ◽  
Court Of Chancery ◽  
Over Time ◽  
The Way

In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter considers particular principles (including maxims), doctrines (including conversion, satisfaction, performance, and election), and remedies that have been developed over time to help predict the way in which equity will operate in various types of cases.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

Dependency in Africa: Stages of African Political Economy

1983 ◽  
Vol 9 (2) ◽  
pp. 229-247 ◽  
Author(s):  
Amechi Okolo
Keyword(s):  
Political Economy ◽  
International System ◽  
Raw Material ◽  
The West ◽  
Cheap Labour ◽  
History Of ◽  
The Common ◽  
First Contact ◽  
The Impact ◽  
The Relationship

This paper traces the history of the relationship between Africa and the West since their first contact brought about by the outward thrust of the West, under the impetus of rising capitalism, in search of cheap labour and cheap raw material for its industries and expanding markets for its industrial products, both of which could be better ensured through domination and exploitation. The paper identifies five successive stages that African political economy has passed through under the impact of this relationship, each phase qualitatively different from the other but all having the common characteristic of domination-dependence syndrome, and each phase having been dictated by the dynamics of capitalism in different eras and by the dominant forces in the changing international system. Its finding is that the way to the latest stage, the dependency phase, was paved by the progressive proletarianization of the African peoples and the maintenance of an international peonage system. It ends by indicating the direction in which Africa can make a beginning to break out of dependency and achieve liberation.

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