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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1017/978131...
Part of book or chapter of book . 2017 . Peer-reviewed
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Law and Equity

Chunk and Permeate?
Authors: Lionel Smith; Lionel Smith;

Law and Equity

Abstract

The common law tradition has been characterized for centuries by a plurality of courts and legal systems, with distinct but often overlapping jurisdictions that were defined partly by territory and partly by subject matter. Perhaps the most prominent example was the interaction between the courts of common law (in the strict sense) and the Chancery, which administered the body of legal principles called Equity. Even though their separate courts, judges and practitioners were abolished in the 19th century, the interaction of their legal principles survives to this day. This paper examines whether the non-standard logic called ‘chunk and permeate’ can be used to understand the relationship between common law and Equity. In particular, it will consider whether a traditional threefold classification of Equity jurisdiction (into the exclusive jurisdiction, the concurrent jurisdiction, and the auxiliary jurisdiction) can be understood as constituted by three different ‘filters’ that control permeation of the norms of common law and Equity, seen as separate logical ‘chunks’. This paper is a chapter in a multidisciplinary collection that examines how non-standard logics can shed light on law and legal reasoning.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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