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Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law ( ius civile , Common law) was supported, amended and corrected by a second legal source ( ius honorarium , Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law andamp; Equity: Approaches in Roman law and Common law , seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
Equity --- Equity (Roman law) --- Common law --- History. --- Aequitas --- Chancery --- Law and legislation --- Roman law --- Actions and defenses --- Trusts and trustees --- Equity - Great Britain - History --- Common law - History --- History
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The intersection between law and literature is a developing area in literary studies. Existing work has argued that literature provides an imaginary forum in which legal ideals and practices may be tested. In Literature and Legal Discourse: Equity and Ethics from Sterne to Conrad Dieter Polloczek develops this idea by comparing the notion of equity, or ethics, in fiction with its legal equivalent. He shows how the novel, with its increasing social scope and formal sophistication, provided a means of transmitting, questioning and refining society's traditions, values and modes of self-questioning. Polloczek analyses the links between actual legal fictions like substituted judgements, notions of equity, literary tropes and the construction and representation of social bonds through sentiment, philanthropy and marginalisation. Pollozcek's study is both theoretical and historical, covering a period that extends from the eighteenth century to the modernist period, and texts from Sterne, Dickens, Bentham and Conrad.
Equity --- Law and literature --- Legal stories, English --- Ethics in literature --- Discourse analysis, Literary --- English fiction --- History --- History and criticism --- Discourse analysis, Literary. --- Ethics in literature. --- Law and literature. --- History and criticism. --- History. --- Arts and Humanities --- Literature --- Literary discourse analysis --- Rhetoric --- Literary style --- Chancery --- Actions and defenses --- Trusts and trustees --- Literature and law --- English legal stories --- Law and legislation --- Equity - Great Britain - History --- Legal stories, English - History and criticism --- English fiction - History and criticism
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