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The Development Of Equity In Common Law
The Development Of Equity In Common Law
Legal and Ethical Responsibilities
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Obligations can be both moral and legal obligations. For example, a moral obligation would be to help someone when they’re in need of help. We do not legally have to help someone, but it is seen as moral to do so. Legal obligations are where an individual is bound by a contract or responsibility to perform a certain duty. For example, a parent would have a legal and also a moral obligation to look after their child. If the obligation is breached then they could possibly face charges. In Roman law, an obligation was defined as a ‘vinculum iuris’ which means a legal bond in Latin. This means that we are “constrained to do something according to the law of our state.”1. It could be argued that we only follow the law because we are obligated to do so and we do not want to end up in trouble with the law by not obeying the obligations that are set out for us. According to Justinian, obligations arise from contract, quasi-contract and delict.
Roman law helped us build the basis of our legal system. The Romans had ways of understanding obligations from real and personal remedies and rights. This has helped us understand what an obligation is in today’s society.
The romans had a division between in rem and personam. In rem was where you vindicated ownership over a property and an in personem was aimed at people. These were both
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In Roman law, two fundamental types of remedy underpinned private law.3 An in reum was to vindicate ownership or some lesser property right in a thing; it was a remedy aimed at the thing itself. The substantive area of law concerned with these real remedies.4 English law conforms to the pattern of legal relations at the level of fact, but there are some exceptions. One of the most important ones are the equitable remedy of tracing The Court of Chancery took the view that the money might not be a consumable on occasions, so it could be reclaimed on the basis of in reum
When past services are rendered with a promise to pay, the court may enforce the promise to pay. However in Dementas’s case, the service was rendered after the promise to pay. The court found that Dementas’s services were rendered with no expectation of payment from Tallas. Moral obligation was created after some courts found the ruling to be too harsh. Even if moral obligation was applied to Dementas’s case, the court found that Dementas performed all services without expecting any payments in
From ages past, the actions of conquerors, kings and tyrants had brought the Roman Republic to a stance that opposed any idea of a singular leader, of a single man that held total power over the entirety of the state. Their rejection of the various ruthless Etruscan rulers that had previously dictated them brought the Republic to existence in 509 BC , and as a republic their prominence throughout the provinces of the world exponentially expanded. Throughout these years, the traditions of the Romans changed to varying degrees, most noticeably as a result of the cultural influence that its subject nations had upon the republic, as well as the ever-changing nature of Roman society in relation to then-current events. However, it was not until the rise of Augustus, the first of a long line of succeeding emperors, that many core aspects of the Republic were greatly changed. These were collectively known as the “Augustan Reforms”, and consisted of largely a variety of revisions to the social, religious, political, legal and administrative aspects of the republic’s infrastructure. Through Augustus, who revelled in the old traditional ways of the past, the immoral, unrestraint society that Rome was gradually falling to being was converted to a society where infidelities and corruption was harshly looked upon and judged. The Roman historian Suetonius states, “He corrected many ill practices, which, to the detriment of the public, had either survived the licentious habits of the late civil wars, or else originated in the long peace” . Through Augustus and his reforms, the Republic was transformed into an Empire, and through this transformation, Rome experienced one of its greatest and stabl...
Rome was kind of a democy it had it’s flaws but by its voting system it makes it a democy. In document C only 2% of Roman’s voted and these votes by the people even though it was few that makes it a democracy. In document C you had to be in Rome to vote which is far because they wouldn’t want an outsider to vote on things that were going on in Rome. In document B poor rich and the freed slaves could vote and for it’s time that is amazing that the poor and the freed slaves could vote. Rome definitely had it’s flaws but for it’s time it was a good democracy but in our fews we don’t think the Rome Republic was a good democy at all.
This act also covers sexual harassment in the workplace. Discrimination disrupt good order and discipline and creates a hostile environment. These actions are considered immoral and as law-abiding citizens, it is our duty to intervene to curtail these types’ actions. Duty theory talks about two approaches, the first imply we all have a catalog of instinctive obligations. The Ten Commandments is a perfect example because it speaks about not killing, committing adultery, covet thy neighbor things and bear false witness. These practices have been adopted by many cultures, which play an important role in their
...ve a debt to owe to immoral or unjust laws that harm other people or
The Romans have had almost every type of government there is. They've had a kingdom, a republic, a dictatorship, and an empire. Their democracy would be the basis for most modern democracies. The people have always been involved with and loved their government, no matter what kind it was. They loved being involved in the government, and making decisions concerning everyone. In general, the Romans were very power-hungry. This might be explained by the myth that they are descended from Romulus, who's father was Mars, the god of war. Their government loving tendencies have caused many, many civil wars. After type of government, the change has been made with a civil war. There have also been many civil wars between rulers. But it all boils
Livy’s The Rise of Rome serves as the ultimate catalogue of Roman history, elaborating on the accomplishments of each king and set of consuls through the ages of its vast empire. In the first five books, Livy lays the groundwork for the history of Rome and sets forth a model for all of Rome to follow. For him, the “special and salutary benefit of the study of history is to behold evidence of every sort of behaviour set forth as on a splendid memorial; from it you may select for yourself and for your country what to emulate, from it what to avoid, whether basely begun or basely concluded.” (Livy 4). Livy, however, denies the general populace the right to make the same sort of conclusions that he made in constructing his histories. His biased representation of Romulus and Tarquin Superbus, two icons of Roman history, give the readers a definite model of what a Roman should be, instead of allowing them to come to their own conclusion.
We as a society have acted upon our obligations in the past, such as during World War 2, yet the occasional dose of action is not what we are supposed to desire as humans. We can not say “I will help these people who are being abused today, yet these people yesterday are on their own.”. Moral obligation is not something so fickle as we wish to make it seem. Although the proposal I have left you with is tough to chew on, it is the right principle to act upon if we are to improve human life and live morally good lives.
The author fails to distinguish between the two types of "owe" that have been mentioned above. "Owe" simply represents responsibility. For example, if a person loves another person, a responsibility to look after the loved person comes into existence by itself. There is no legal system that will force a person to protect his/her loved ones. In a case, ...
Every empire, dynasty, government, regime etc. has consisted of both good and bad leadership. This directly affects the society in which they oversee and/or control. The infamous Roman Empire experienced its share of triumphs and depression through its leader’s actions. Run as a monarchy, the kings of Rome had various ways of implementing their authority. Many of them chose to rule based on their interests and desires while others catered to the welfare of Rome’s booming population. Depending on the leader some received accolades and others faced a tragic ending due to their ignorance. Prior to the formation of the republic Rome the people endured both the spoils and hardships of war. The actions and/or qualities of the good and bad leaders of Rome had a direct correlation with its well being. Opinions vary but there were definitely standouts on both ends of the spectrum.
The Roman Family: Center of Roman Society. The Roman family after the advent of Christianity has been widely discussed in Roman History. Different historians have looked at the topic in different ways. There are two articles at hand, which deal with this very topic.
"Roman Legal Tradition and the Compilation of Justinian." The Robbins Collection. University of California, n.d. Web. 23 Nov. 2014.
The Roman Republic began approximately around 509 B.C. when the nobles drove the King and his family out of Rome. This monumental incident helped shape the start to the transformation of the monarchy into a republican governmental system. This is known to have begun by that of the Roman nobles trying to hold their power that they had gained. The Republic was “[a] city-state [which] was the foundation of Greek society in the Hellenic Age; in the Hellenistic Age, Greek cities became subordinate to kingdoms, larder political units ruled by autocratic monarchs” (Perry 105)
In other words, natural duties would be the first, and original, position that they first would’ve chosen to help shape other individuals in society. Sandel comes with the idea that it is unjust for the world to only choose these obligations because it absolutely limits an individual's right to choose whether or not they want to act morally. So, the article speaks of him attempting to create his own type obligation which concludes to acting voluntary, but not having to ask for consent. We would consider this as obligations of
The Roman delict can be defined as a wrongful act which causes damage to someone’s personality, their family or property and for which the victim or his heirs are entitled to compensation , similar to the definition of the common law of tort, which suggests that a tort is a wrong that interferes with a person’s legally protected interests . The Roman law of Delict was divided into four main delicts, the wrongful damage to property (damnum injuria datum) or the Lex Aquil...