PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
ZION
 
Comments: 11
Article views: 381
 
 
Latest Badges:



 
View all ZION's badges.
 

An equity theory of justice

23 July 2013, 12:54

       THE  EQUITY  THEORY  OF  JUSTICE.                                   OF .  the principal of balance and equity.  An individual’s motivation level is correlated to his perception of equity, fairness and justice.

EQUITY in popular usage is a term synonymous with fairness and natural justice and, in this sense plays a vital role in the work of judges, jurors, legislators and government administrators.  In its more specialised meaning, equity refers to the principles and remedies originally developed by the old English Court of chancery and administration in modern times in England and the United States by courts with comparable powers traditionally characterizes by a discretionary treatment of the individual case in accordance with notions of natural justice, thus supplementing the common law, Equity has been a creative, reforming force in Anglo- American law

                                                  ENGLAND

   The historical origins of the court of chancery were significant by the end of the 13th century the Kings common law courts had largely limited the relief available in civil cases to the payment of civil damages and to the recovery of the possession of land and of chattels.  They had refused to extend and diversify their types of relief so as to meet the needs of new and more complex situations.

 Disappointed litigants  had turned to the king and council with petitions for justice because the courts had afforded either no remedy or one that was ineffective.  These petitions were referred to the lord chancellor, who was the king’s prime minister,  a powerful member of the council,  A bishop learned in the canon law and the chief secretary of the government.   By the early years of the 14th century the petitions were going directly to the chancellor and by the middle of that century the chancery was recognized as a new and distinct court.                                                

   In the early history of the United States there was strong opposition to the development of equity.   To a large extent this was attributable to the historic relation between the court of chancery and the king in England, to abuses by colonial governors while serving as chancellors in some of the courts of justice.                 

     The core of the equity theory is

colonies, to distrust of the broad discretion exercised by the chancellors and to the lack of trial by jury in equity cases.  Thus, in 1789 when congress enacted the first federal judiciary act, courts of chancery existed in only 5 states: in three states there were only common-law courts:  In three others the law courts had a few equity powers: and in two states the legislature to a limited extent served as a court of equity.

Source:   BRITANNICA   ENCYCLOPAEDIA     1969  DISCONTINUED                                

                                                                                                           

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Africa must break from negative n...

Despite decades of conflict, death and tragedy, coverage of issues in Africa has often been ignored, oversimplified, or excessively focused on limited aspects. Read more...

0 comments 109 views
Submitted by
Amaps
Let the Chuch be the help to the ...

So disappointing how the "church" which claims to be the body of Christ, its not as it should be, its operated like a corporate company. Read more...

16 comments 212 views
Submitted by
MarkH
South Africa: The reality show

I see a tendency – just love that word – developing lately of the regime – another old favourite – to spread far and wide as much confusion as possible, all involving spending my money, of course. Read more...

3 comments 143 views
Submitted by
SkerP
Memories of 2 February 1990

This year marks a quarter century since I matriculated. And, obviously, the same time has elapsed since the unbanning of the ANC. Read more...

5 comments 974 views
Submitted by
MarkH
Civil war vs civil disturbance

I wrote this article after considering responses to an article on News24 yesterday, also the “attack” on the Bedford Gardens shopping mall, when I found myself pondering the differences between civil disturbance and civil war, and naturally the implications of both. Read more...

2 comments 338 views
Submitted by
Kalos eidos
Yes, there is a global agenda to ...

These words form the motto, mind- set, and goal of the world’s elite humanists, their establishment puppets and their rank and file useful idiots.  Read more...

37 comments 890 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

Games on Sale!

Save up to 60% on selected games. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

OLX Free Classifieds [change area]

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2015 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.