PLEASE NOTE:

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

 
ZION
 
Comments: 6
Article views: 335
 
 
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
Confidence Seleme
Young and living on purpose

I remember when I was 16 years old and addicted to marijuana (dagga). I’d always been a curious kid and it was this curiosity that led me down this path. It started quite casually.  Read more...

16 comments 781 views
Submitted by
SapientiaEtVeritas
Hunting rumbles on social media

Let me state clearly. I have never hunted or killed any animal that would either end up as biltong or as meat on my plate.  Read more...

8 comments 199 views
Submitted by
Gail Shorkend
Corruption

Corruption is rife in South Africa. Everywhere you turn their is corruption. It is truly pathetic. Read more...

9 comments 193 views
Submitted by
Jane Gibbons
New caps on loan repayments make ...

New rules have been introduced by the Financial Conduct Authority (FCA) to limit the liberties that some unscrupulous lenders are able to apply to the repayment of pay-day loans. Read more...

2 comments 344 views
Keeping Communication: The Strugg...

Everybody grows up. It’s just part of life, one of those unavoidable things that just have to happen, one way or another.  Read more...

1 comments 42 views
Submitted by
James Wilson
Point of order

For someone who upholds herself as a defender of all truth, dignity and accountability, she is very silent on important issues affecting her very life, dignity, integrity and credibility. Read more...

6 comments 102 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.

Blogs Your opinion on you, me and everyone.

TV Get us in your home, on your television.

 
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.