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Equity in Early Modern Legal Scholarship

Equity in Early Modern Legal Scholarship

Name: Equity in Early Modern Legal Scholarship
Brand: Brill Nijhoff
SKU: 9789004404809
Price: 1848.00 HKD
Availability: InStock
Author: Lorenzo Maniscalco
ISBN: 9789004404809

By Lorenzo Maniscalco

Brill Nijhoff July 2020

Specifications

ISBN-13: 9789004404809
Publisher: Brill Nijhoff
Publication: July 2020
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo Maniscalco links these developments to the early modern identification of equity with Aristotelian 'epieikeia', a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules.

Introduction; 1.
Background: Aequitas and Epieikeia in the Medieval Ius Commune: 2.
The Introduction and Diffusion of Epieikeia in Legal Scholarship: 3.
Aequitas and Epieikeia among Early Modern Scholastic Writers: 4.
The Place of Equity within Doctrines of Interpretation: Conclusion; Works Cited; Name Index; Subject Index