PLEASE NOTE:

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

 
ZION
 
Comments: 6
Article views: 328
 
 
Latest Badges:



 
View all ZION's badges.
 

The Equity Theory of Justice

30 January 2013, 11:03

                                            THE  EQUITY  THEORY  OF  JUSTICE

The core of the equity theory is 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.

                                                UNITED STATES

   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 colonies, to distrust of the broad discretion exercised by the chancellors and to the lack o0f 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
6 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
Aurangzeb Thabethe
EFF and its tactics

The events inside the parliamentary corridors weeks ago must worry all of us.  Read more...

17 comments 700 views
Submitted by
Abioye Olufemi
The absolute way to take Christma...

As Christmas is coming soon, I am prompted to write this Christmas article for all of us here at News24. Read more...

4 comments 166 views
Submitted by
goldeelocks
Phiyega.....SAY WHAT?????

Clearly the Honourable Minister has abrogated the duty of the SAPS to protect the citizens of this country! What then is the purpose of the SAPS?  Read more...

9 comments 387 views
Submitted by
Paulus
Genealogy of Jesus, and the probl...

The new testament writers were so kind as to leave 2 genealogies of Jesus for us to peruse, both of his father. Read more...

89 comments 693 views
Submitted by
Lee Grandmaison
Everyone is entitled to their own...

"Everyone is entitled to their own opinion." If you've ever seen or been in a debate, on or offline, you've heard this phrase quite a bit. Read more...

48 comments 383 views
Submitted by
johan609
South Africa heading South

We need to speak up. We need to take a stand. We need to take action. Read more...

17 comments 1651 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

 

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
 
© 2014 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.