Equity in legal system origin, development and significance Essay

Equity in legal system origin, development and significance - Essay Example Today equity apparently has lost its significant correlation to 'justice,' as rules of equity are settled in much the same way as the common law.2 However creations of equity such as including the rights, interests and remedies continue to be of significance in English legal system3 The paper attempts to understand the origin and development of equity as a source of law in the English legal system and analyze the significance of rules of equity and equitable doctrines and remedies in legal proceedings today. While analyzing the significance of equity, it would be imperative to understand its percepts as well as the principles and remedies of equity; hence a discussion on the same is also included. The historical origin of equity in English legal system dates back to the late 13th and 14th centuries. The English legal system of the time - the common law system developed by the judges on the basis of unwritten customary rules and precedents or past judicial decisions - were very rigid and too technical with the procedures such as the writ. The procedural compliance and the legality of the writ often surpassed the merits of the case in legal decisions. The inadequacy of the common law remedy of damages was another issue with the system. Also, the common law only recognized certain kinds of cases; for example, the common law courts did not recognize the Trust deed.4 The defects in common law obviously led to distress, as disappointed litigants directly petitioned the King for justice. The King, considered the 'Fountain of Justice,' either determined the petitions himself or referred the cases to the King's Chancellor, usually a clergyman and priest, known as "Keeper of King's conscience." The petitions were decided on the basis of principle of natural justice and "moral rightness," considering the merits of the case rather than any precedent.5 The broad principles used by the King and his Chancellor's became to be known as rules of equity. Equity was not a complete system of law and as Jacqueline Martin observes, it "merely filled the gaps in the common law and softened the strict rules of the common law." 6 As the volume of cases increased separate courts called Court of Chancery, also called Courts of Equity, were established and administered by the Chancellor. The Chancellors developed new and flexible procedures, as well as new and appropriate remedies to compensate the plaintiffs, which are applicable to this day. However, the jurisdictional overlap of the two systems - common law and equity - led to an inevitable conflict between the two, impinging the certainty of law. The conflict was finally resolved by the King in Earl of Oxford's Case (1615) it was ruled that equity should prevail in case of conflict.7 While the equity courts continued to enjoy supremacy over common law courts, with the enactment of Judicature Acts 1873-75, the common law courts and the court of equity merged together to form the Supreme Court of Judicature, which would concurrently administer common and equity. The supremacy of equity in legal decisions was affirmed in Section 25 of the Judicature Act 1873 an d continues to be followed by the Supreme Court.

Title- International Social Work. Question- How does the social Essay

Title- International Social Work. Question- How does the social construction of childhood inform and affect international child protection measures - Essay Example It is on account of these reasons that the international communities and organizations have taken active interest in promoting and protecting the interests and well-being of young children through introduction of effective laws. The UN Convention on the Rights of Child (CRC) is one such international body that seeks protection of children exposed to adversity and has included it as one of their key agendas. The child protection and welfare organizations have, over the years, actively supported and fought for safeguarding young children from intolerable conditions. They argued that a child comes into the world defenceless in the face of an aggressive and violent society and that he is the first to suffer the terrible consequences of famine, war and socioeconomic crisis (qtd. in James, 1997, pp. 191). Hence in order to uphold the moral and ethical values international agencies such as The International Union for Child Welfare, Defence for Children International, UNCRC etc seek the protection of such vulnerable groups in the society. This paper on international social work seeks to understand, assess and explore the role and impact of the concept of ‘social construction of childhood’ in the framin g of international child protection laws. The term social construction refers to the idea / notion that has been created by society. Sociologists argue that childhood is a socially constructed phenomenon since it varies across cultures and does not conform to any form of universal standard or definition. This is mainly because what is considered deviant behaviour in one culture may be considered completely normal and acceptable in another thus implying that the concept of childhood is more of a socially constructed term rather than a natural biological phase. According to Aries (1973) the concept of childhood did not exist in the middle ages (qtd. in Hunt, 2005). It is also argued