PLEASE NOTE:

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

 
ZION
 
Comments: 11
Article views: 398
 
 
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.

 

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
Comments have been closed for this article.

Read more from our Users

Submitted by
Graeme Long
The new battle lines of SA: Urban...

First it was British vs Boer, then black vs white, now it’s urban modernists vs rural African traditionalists.  Read more...

0 comments 782 views
Submitted by
Sipho James Xesha
Initiation a sacred ritual

Speaking as umXhosa, the current (June) month is the season for orthodox spiritual orientation of the young Xhosa male. No other point in the celestial calendar marks this auspicious socio-spiritual occasion but this one. Read more...

0 comments 69 views
Submitted by
Khaya Tyatya
Transformation is an integral par...

The MTT would have failed in its task if it does not come up with a clearly articulated, practical and “unapologetic” human resource development plan that will fundamentally transform the university system in the next five years and beyond. Read more...

0 comments 94 views
Submitted by
Sane Sunyshine Sihiya
Mmusi Maimane: Do you have power?

I judged you. I felt, you were being silly! Cheese boy vibes. Those educated sounding blacks who speak English very well and sound absolutely smart at the expense of trading in their identity. Read more...

0 comments 104 views
Submitted by
Budiriro Peter Moyo
Hunting for radical economic tran...

It is one of the most famous statement of our current time in South Africa right now - Radical Economic Transformation (RET). Yet elusive to those that seek it. A political gimmick? What does it mean? Read more...

0 comments 61 views
Submitted by
Sanele Sano Ngcobo
All South African cars should hav...

Make it illegal for any civilian car to have a maximum speed of 120km/h. As soon as the cars are manufactured or imported to SA, they should have a maximum speed of 120km/h. Read more...

0 comments 132 views
 

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 Android Get the latest from News24 on your Android device.

SMS Alerts Get breaking news stories via SMS.

TV Get us in your home, on your television.

 
Interactive Advertising Bureau
 
© 2017 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.