Equity and Administration - Hardcover

Edited By P. G. Turner

Hardcover

ISBN 10: 1107142733 ISBN 13: 9781107142732

Publisher: Cambridge University Press, 2016

Synopsis

Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.

About this title

About the Author

P. G. Turner is University Lecturer in the Faculty of Law, University of Cambridge, and a Fellow of St Catharine's College, Cambridge. He holds undergraduate degrees from the University of Sydney and the University of Cambridge. He has worked as a judicial assistant in the New South Wales Court of Appeal, as a solicitor in Sydney, and as a Legal Officer of the Australian Law Reform Commission.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2016
• Language: English
• ISBN 10: 1107142733
• ISBN 13: 9781107142732
• Binding: Hardcover
• Number of pages: 602