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The Law of Proof in Early Modern Equity


ISBN13: 9783428091980
ISBN: 3428091981
Published: February 1999
Publisher: Duncker & Humblot GmbH
Country of Publication: Germany
Format: Paperback
Price: £89.00



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This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.

Subjects:
Legal History

Series: Comparative Studies in Continental and Anglo-American Legal History

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Duncker & Humblot GmbH
£103.00
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Duncker & Humblot GmbH
£110.00
Within a Reasonable Time: The History of Due and Undue Delay in Civil Litigation
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Duncker & Humblot GmbH
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The Law of Presumptions: Essays in Comparative Legal History ISBN 9783428131242
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Duncker & Humblot GmbH
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Ratio decidendi: Guiding Principles of Judicial Decisions Volume 1 - Case Law ISBN 9783428122165
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Duncker & Humblot GmbH
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Negligence: The Comparative Legal History of the Law of Torts ISBN 9783428105168
Published September 2001
Duncker & Humblot GmbH
£87.00
Unjust Enrichment: The Comparative Legal History of the Law of Restitution 2nd ed ISBN 9783428079827
Published October 1999
Duncker & Humblot GmbH
£95.00
Itinera Fiduciae: Trust and Treuhand in Historical Perspective ISBN 9783428096145
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Duncker & Humblot GmbH
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£75.00