Juridical Equity; Abridged for the Use of Students

Juridical Equity; Abridged for the Use of Students

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...is its own commentary. 141. Faulty definitions accounted for. The real trouble about definitions of equity has been, not so much any inherent difliculty, as (1) a reluctance frankly to admit the imperfections of the common law, in which Blackstone, its avowed advocate, has been too closely followed by the old-school lawyers and text-writers; (2) a fallacious idea that any such definition must, of necessity, attempt to describe equity in its content, and compress into a single sentence an epitome of its doctrines. The most successful attempt yet made in this direction will be found embodied in the following extract: "The writer believes it is impossible to give a short definition of equity jurisprudence, without either failing to convey any accurate and definite knowledge, or else positively misleading the student. But equity jurisprudence in the specific and technical sense of the term, as contradistinguished from natural, abstract and universal equity, and from law and the statutory jurisprudence of the Court of Chancery, may be described to be a portion of justice or natural equity, not embodied in legislative enactments or in the rules of the common law, yet modified by a due regard thereto, and to the complex relations and convenience of an artificial state of society, and administered in regard to cases where the particular rights in respect whereof relief is sought come within some general class of rights enforced at law, or may be enforced without detriment or inconvenience to the community, but where, as to such particular rights, the courts of law cannot, or originally did not, clearly aflford any relief or adequate relief, at least not without circuity of action or multiplicity of suits, or cannot make such...show more

Product details

  • Paperback
  • 189 x 246 x 6mm | 227g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236851544
  • 9781236851543