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008    200713s2010    xx      o     ||||0 eng d 
020    9780754693444|q(electronic bk.) 
020    |z9780754667742 
035    (MiAaPQ)EBC476381 
035    (Au-PeEL)EBL476381 
035    (CaPaEBR)ebr10362155 
035    (CaONFJC)MIL924639 
035    (OCoLC)609853037 
040    MiAaPQ|beng|erda|epn|cMiAaPQ|dMiAaPQ 
050  4 KD674 -- .K58 2010eb 
082 0  346.4200409031 
100 1  Klinck, Dennis R 
245 10 Conscience, Equity and the Court of Chancery in Early 
       Modern England 
264  1 Farnham :|bTaylor & Francis Group,|c2010 
264  4 |c©2010 
300    1 online resource (328 pages) 
336    text|btxt|2rdacontent 
337    computer|bc|2rdamedia 
338    online resource|bcr|2rdacarrier 
505 0  Cover -- Contents -- Preface -- Acknowledgements -- 1 
       Introduction -- 2 Conscience and the Medieval Chancery -- 
       3 The Early Sixteenth Century and Christopher St. German -
       - 4 The Later Sixteenth Century -- 5 Protestant Conscience
       One:The Early Seventeenth Century -- 6 The Conscience of 
       Early Seventeenth-Century Equity -- 7 Protestant 
       Conscience Two: The Later Seventeenth Century -- 8 Later 
       Seventeenth-Century Equity and Lord Nottingham -- 9 
       Conclusion -- Bibliography -- Index 
520    Judicial equity developed in England during the medieval 
       period, providing an alternative access to justice for 
       cases that the rigid structures of the common law could 
       not  accommodate. Where the common law was constrained by 
       precedent and strict  procedural and substantive rules, 
       equity relied on principles of natural justice - or 
       'conscience' - to decide cases and right wrongs. Overseen 
       by the Lord Chancellor, equity became one of the twin 
       pillars of the English legal system with the Court of 
       Chancery playing an ever greater role in the legal life of
       the nation. Yet, whilst the Chancery was commonly - and 
       still sometimes is - referred to as a 'court of 
       conscience', there is remarkably little consensus about 
       what this actually means, or indeed whose conscience is 
       under discussion.  This study tackles the difficult 
       subject of the place of conscience in the development of 
       English equity during a crucial period of legal history. 
       Addressing the notion of conscience as a juristic 
       principle in the Court of Chancery during the sixteenth 
       and seventeenth centuries, the book explores how the 
       concept was understood and how it figured in legal 
       judgment. Drawing upon both legal and broader cultural 
       materials, it explains how that understanding differed 
       from modern notions and how it might have been more 
       consistent with criteria we commonly associate with 
       objective legal judgement than the modern, more 
       'subjective', concept of conscience. The study culminates 
       with an examination of the chancellorship of Lord 
       Nottingham (1673-82), who, because of his efforts to 
       transform equity from a jurisdiction associated with 
       discretion into one based on rules, is conventionally 
       regarded as the father of modern, 'systematic' equity.   
       From a broader perspective, this study can be seen as a 
       contribution to the enduring discussion of the 
       relationship between 'formal' 
520 8  accounts of law, which see it as systems of rules, and 
       less formal accounts, which try to make room for intuitive
       moral or prudential reasoning 
588    Description based on publisher supplied metadata and other
       sources 
590    Electronic reproduction. Ann Arbor, Michigan : ProQuest 
       Ebook Central, 2020. Available via World Wide Web. Access 
       may be limited to ProQuest Ebook Central affiliated 
       libraries 
650  0 England and Wales. -- Court of Chancery -- History.;Great 
       Britain. -- Court of Chancery -- History.;Equity -- 
       England -- History 
655  4 Electronic books 
776 08 |iPrint version:|aKlinck, Dennis R.|tConscience, Equity 
       and the Court of Chancery in Early Modern England|dFarnham
       : Taylor & Francis Group,c2010|z9780754667742 
856 40 |uhttps://ebookcentral.proquest.com/lib/sinciatw/
       detail.action?docID=476381|zClick to View