9780865976153 - Home, H: Principles of Equity (Natural Law and Enlightenment Classics) von Home, Henry, Lord Kames (5 Ergebnisse)

HRD. Zustand: New. New Book. Shipped from UK. Established seller since 2000.

Zustand: New. Num Pages: 680 pages. BIC Classification: HPCD; LAB. Category: (P) Professional & Vocational. Dimension: 161 x 236 x 47. Weight in Grams: 1234. . 2005. Hardcover. . . . . Books ship from the US and Ireland.

Zustand: Gut. Natural Law and Enlightenment Classics. 603 Seiten From the library of Prof. Wolfgang Haase, long-time editor of ANRW and the International Journal of the Classical Tradition (IJCT). - - Dustjacket stained and scuffed. Otherwise good and clean. - Schutzumschlag berieben und befleckt. Sonst gut und sauber. - Principles of Equity was the most important work on law by one of the leading figures of the Scottish Enlightenment, Henry Home, Lord Kames (16961782). Friend to David Hume, Adam Smith, John Millar, and Thomas Reid, among many other leading lights of the time, Kames wrote on many subjects, including philosophy, history, criticism, and even husbandry; but he considered Principles of Equity to be my chief performance, and said that he had never labored harder upon any subject. Before publishing the first edition of Principles of Equity in 1760, Kames had already completed a philosophical treatise, Principles of Morality and Natural Religion (1758), which set out his theory of the moral sense. He had also played a pioneering role as a law reporter in Scotland, and had been appointed as a judge in the Court of Session in 1752. The philosophical and legal knowledge he had cultivated in these earlier works was brought together in Principles of Equity, which was a philosophical treatise explaining the nature of legal development. In Kamess view, the moral sense became more refined as societies developed, and with this development, an increasing number of acts of benevolence came to be recognized by the law as duties. When by ripeness of discernment and delicacy of sentiment, many duties, formerly neglected, are found to be binding in conscience, they came under the jurisdiction of a court of equity. Equity consequently played a crucial role as a midwife for legal development: what originally is a rule in equity loses its character when it is fully established in practice; and then it is considered as common law. In Principles of Equity, Kames sought to explore this process by examining the law of property, torts, contracts and bankruptcy, drawing his examples not only from the Scots law he knew so intimately, but also from Roman law and English common law. Having read Principles of Equity with great satisfaction, the Chief Justice of the English Court of Kings Bench, Lord Mansfield, wrote to Kames, You have taught men to trace law to its noble sources: philosophy & history. Michael Lobban is Professor of Legal History at the London School of Economics and Political Science. He is the author of The Common Law and English Jurisprudence, 17601850 (1991), White Mans Justice: South African Political Trials in the Black Consciousness Era (1996), and A History of the Philosophy of Law in the Common-Law World, 1600-1900 (2007). He is also coauthor of The Oxford History of the Laws of England, volumes XIXIII (2010). ISBN 9780865976153 Sprache: Englisch Gewicht in Gramm: 1230 Original cloth with dustjacket. Originalleinen mit Schutzumschlag.

Zustand: New. KlappentextrnrnHenry Home, Lord Kames, was the complete &aposEnlightenment man&apos, concerned with the full spectrum of human knowledge and its social use. However, as a lawyer and, after 1752, as a judge on the Court of Session in Edinburgh,.

Buch. Zustand: Neu. Neuware - Henry Home, Lord Kames, was the complete 'Enlightenment man', concerned with the full spectrum of human knowledge and its social use. However, as a lawyer and, after 1752, as a judge on the Court of Session in Edinburgh, he made many of his most distinctive contributions through his works on the nature of law and legal development. PRINCIPLES OF EQUITY, first published in 1760, is considered his most lasting contribution to jurisprudence and is still cited. In his jurisprudence, Kames specifically sought to explain the distinction between the nature of equity and common law and to address related questions, such as whether equity should be bound by rules and whether there should be separate courts of law and equity. Beginning with a general introduction on the rise and nature of equity, PRINCIPLES OF EQUITY is divided into three books. The first two, 'theoretical', books examine the powers of a court of equity as derived from justice and from utility, the two great principles Kames felt governed equity. The third book aims to be more practical, showing the application of these powers to several subjects, such as bankrupts. PRINCIPLES OF EQUITY is significant as an example of the approach of an Enlightenment thinker to practical legal questions and as an early attempt to reduce law to principles. There is evidence that this book was well known in the formative years of the United States and that both Benjamin Franklin and Thomas Jefferson were familiar with Kames's treatise.