eBook - PDF

The Law of Proof in Early Modern Equity.

Name: The Law of Proof in Early Modern Equity.
ISBN: 9783428491988

Michael R. T. Macnair,

322 pages
English
PDF
Available on iOS & Android

eBook - PDF

The Law of Proof in Early Modern Equity.

Michael R. T. Macnair,

About this book

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.

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Yes, you can access The Law of Proof in Early Modern Equity. by Michael R. T. Macnair in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over one million books available in our catalogue for you to explore.