Difference between revisions of "Principles of Equity"

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{{BookPageInfoBox
 
|imagename=KamesPrinciplesOfEquity1760TitlePage.jpg
 
|imagename=KamesPrinciplesOfEquity1760TitlePage.jpg
|link=https://catalog.swem.wm.edu/law/Record/21962
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|link=http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21583546810003196
 
|shorttitle=Principles of Equity
 
|shorttitle=Principles of Equity
|author=Henry Home, Lord Kames
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|author=[[:Category:Henry Home, Lord Kames|Henry Home, Lord Kames]]
 
|edition=First
 
|edition=First
|publoc=Edinburgh
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|publoc=[[:Category:Edinburgh|Edinburgh]]
 
|publisher=Printed by Alexander Kincaid, His Majesty's printer. For A. Millar, London; and A. Kincaid and J. Bell, Edinburgh
 
|publisher=Printed by Alexander Kincaid, His Majesty's printer. For A. Millar, London; and A. Kincaid and J. Bell, Edinburgh
 
|year=1760
 
|year=1760
 
|pages=[10], xviii, 289, [15]
 
|pages=[10], xviii, 289, [15]
|desc=Folio (33 cm.)
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|desc=[[:Category:Folios|Folio]] (33 cm.)
}}[http://en.wikipedia.org/wiki/Henry_Home,_Lord_Kames Henry Home] (1696–1782), later known as Lord Kames, was a key figure in the Scottish Enlightenment, contributing greatly through his written works primarily addressing legal matters, but the breadth of which extended to include philosophy, history, religion, and literature.<ref>"Henry Home, Lord Kames (1696-1782)," International Association for Scottish Philosophy website, accessed October 22, 2013, www.scottishphilosophy.org/lord-kames.html.</ref> Born into a large family with a great deal of debt, Lord Kames was never formally educated at university, but he trained under James Craig at a civil law college while continuing to study such topics as the classics and additional languages on his own to make up for the deficits in his education.<ref>Alastair J. Durie and Stuart Handley, [http://www.oxforddnb.com/view/article/13643 "Home, Henry, Lord Kames (1696–1782)"] in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed October 22, 2013.</ref> Notably a hard worker of high intellect, Lord Kames eventually developed a respected legal practice after being appointed to the bar in 1723. Around that time, he began to write at length on legal topics, a practice that continued throughout his life, even after his ascension to the bench in 1752.<ref>Ibid.</ref> In 1763, Lord Kames reached a long-time goal when he was appointed to the justiciary, Scotland’s criminal court.<ref>Ibid.</ref> Lord Kames remained active and possessed of his characteristic cruel wit up until his death in 1782.<ref>Ibid.</ref><br />
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|shelf=K-5
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}}[[wikipedia:Henry_Home,_Lord_Kames|Henry Home, Lord Kames]] (1696 &ndash; 1782), later known as Lord Kames, was a key figure in the [http://en.wikipedia.org/wiki/Scottish_Enlightenment Scottish Enlightenment]. His written works primarily addressed legal matters, but extended to include philosophy, history, religion, and literature.<ref>"[www.scottishphilosophy.org/lord-kames.html Henry Home, Lord Kames (1696-1782)]" on International Association for Scottish Philosophy website, accessed October 22, 2013.</ref> Born into a large family with a great deal of debt, Home was never formally educated at university, but he trained under James Craig at a civil law college while continuing to study such topics as the classics and additional languages on his own to make up for the deficits in his education.<ref>Alastair J. Durie and Stuart Handley, "[http://www.oxforddnb.com/view/article/13643 Home, Henry, Lord Kames (1696–1782)]" in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed October 22, 2013.</ref> Notably a hard worker of high intellect, Home eventually developed a respected legal practice after being appointed to the bar in 1723. Around that time, he began to write at length on legal topics, a practice that continued even after his ascension to the bench in 1752.<ref>Ibid.</ref> In 1763, Lord Kames (Home) reached a long-time goal when he was appointed to the justiciary, Scotland’s criminal court.<ref>Ibid.</ref> Kames remained active and possessed of his characteristic cruel wit up until his death in 1782.<ref>Ibid.</ref>
Lord Kames’ ''Principles of Equity'' (1760) represented the first detailed, written study of equity in English,<ref>Daniel James Carr, “An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity,''Edinburgh School of Law Research Paper'', 2013/25 (2013). Available at SSRN: http://ssrn.com/abstract=2282735 or http://dx.doi.org/10.2139/ssrn.2282735.</ref> and Scottish legal historians consider it to be Lord Kames’ major work.<ref>Durie and Handley, “Home, Henry, Lord Kames (1696–1782).” </ref> In it, Lord Kames intended to evaluate, compare, and reconcile the differing systems of jurisprudence of England and Scotland.<ref>Carr, “An Iron Mind in an Iron Body.”</ref> Although the work was theoretical, Lord Kames devoted some attention to more practical matters, including a discussion of the rules governing bankruptcy.<ref>Durie and Handley, “Home, Henry, Lord Kames (1696–1782).” </ref> Well received in its own time, ''Principles of Equity'' served as a source cited by both Scottish and American lawyers in doctrinal writing and cases.<ref>Carr, “An Iron Mind in an Iron Body.”</ref>  
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Kames’ ''Principles of Equity'' (1760) represented the first detailed, written study of equity in English,<ref>Daniel James Carr, "An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity," ''Edinburgh School of Law Research Paper'', 2013/25 (2013). Available at SSRN: http://ssrn.com/abstract=2282735 or http://dx.doi.org/10.2139/ssrn.2282735.</ref> and Scottish legal historians consider it to be his major work.<ref>Durie and Handley, “Home, Henry, Lord Kames (1696–1782).” </ref> In it, Kames intended to evaluate, compare, and reconcile the differing legal systems of jurisprudence of England and Scotland.<ref>Carr, “An Iron Mind in an Iron Body.”</ref> Although the work was theoretical, Kames devoted some attention to more practical matters, including a discussion of the rules governing bankruptcy.<ref>Durie and Handley, “Home, Henry, Lord Kames (1696–1782).” </ref> Well received in its time, ''Principles of Equity'' served as a source cited by both Scottish and early American lawyers.<ref>Carr, “An Iron Mind in an Iron Body.”</ref>  
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as ''Kaim's Pr. Eq. fol.'' and given by [[Thomas Jefferson]] to [[Dabney Carr]]. Two folio editions of this title were published.<ref>''English Short Title Catalog'', http://estc.bl.uk, search of "Principles of Equity and Kames" reveals folio editions published in 1760 and 1767.</ref> The [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> includes the 1760 edition while [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s. v. [http://www.librarything.com/profile/GeorgeWythe "Member: George Wythe"], accessed on April 21, 2013.</ref> on LibraryThing indicates "Precise edition unknown. Folio editions of this work were published at Edinburgh in 1760 and 1767." The Wolf Law Library moved a copy of the 1760 edition from another rare book collection to the George Wythe Collection.
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Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as ''Kaim's Pr. Eq. fol.'' and given by [[Thomas Jefferson]] to [[Dabney Carr]]. Two folio editions of this title were published.<ref>''English Short Title Catalog'', http://estc.bl.uk, search of "Principles of Equity and Kames" reveals folio editions published in 1760 and 1767.</ref> The [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> and [[Dean Bibliography|Dean's Memo]]<ref>Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 11, 12 (on file at Wolf Law Library, College of William & Mary).</ref> include the 1760 edition while [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. [http://www.librarything.com/profile/GeorgeWythe "Member: George Wythe"], accessed on April 21, 2013.</ref> on LibraryThing indicates "Precise edition unknown. Folio editions of this work were published at Edinburgh in 1760 and 1767." The Wolf Law Library moved a copy of the 1760 edition from another rare book collection to the George Wythe Collection.
  
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
 
Recently rebound in period style. Spine features four bands with gilt rules and green labels. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.  
 
Recently rebound in period style. Spine features four bands with gilt rules and green labels. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.  
  
View this book in [https://catalog.swem.wm.edu/law/Record/21962 William & Mary's online catalog.]
+
Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/albums/72157637877968563 available on Flickr.] View the record for this book in [http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21583546810003196 William & Mary's online catalog.]
 +
 
 +
===Full text===
 +
*[http://lawlibrary.wm.edu/wythepedia/library/KamesPrinciplesOfEquity1760.pdf ''Principles of Equity''] (29MB PDF)
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==See also==
 +
*''[[Essays on the Principles of Morality and Natural Religion]]''
 +
*[[George Wythe Room]]
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*''[[Historical Law-Tracts]]''
 +
*[[Jefferson Inventory]]
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*[[Wythe's Library]]
  
 
==References==
 
==References==
 
<references/>
 
<references/>
  
 +
[[Category:Dabney Carr's Books]]
 
[[Category:Equity]]
 
[[Category:Equity]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 +
[[Category:Henry Home, Lord Kames]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
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[[Category:Edinburgh]]
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[[Category:Folios]]

Revision as of 13:11, 27 October 2020

by Henry Home, Lord Kames

Principles of Equity
KamesPrinciplesOfEquity1760TitlePage.jpg

Title page from Principles of Equity, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Henry Home, Lord Kames
Editor {{{editor}}}
Translator {{{trans}}}
Published Edinburgh: Printed by Alexander Kincaid, His Majesty's printer. For A. Millar, London; and A. Kincaid and J. Bell, Edinburgh
Date 1760
Edition First
Language {{{lang}}}
Volumes {{{set}}} volume set
Pages [10], xviii, 289, [15]
Desc. Folio (33 cm.)
Location Shelf K-5
  [[Shelf {{{shelf2}}}]]

Henry Home, Lord Kames (1696 – 1782), later known as Lord Kames, was a key figure in the Scottish Enlightenment. His written works primarily addressed legal matters, but extended to include philosophy, history, religion, and literature.[1] Born into a large family with a great deal of debt, Home was never formally educated at university, but he trained under James Craig at a civil law college while continuing to study such topics as the classics and additional languages on his own to make up for the deficits in his education.[2] Notably a hard worker of high intellect, Home eventually developed a respected legal practice after being appointed to the bar in 1723. Around that time, he began to write at length on legal topics, a practice that continued even after his ascension to the bench in 1752.[3] In 1763, Lord Kames (Home) reached a long-time goal when he was appointed to the justiciary, Scotland’s criminal court.[4] Kames remained active and possessed of his characteristic cruel wit up until his death in 1782.[5]

Kames’ Principles of Equity (1760) represented the first detailed, written study of equity in English,[6] and Scottish legal historians consider it to be his major work.[7] In it, Kames intended to evaluate, compare, and reconcile the differing legal systems of jurisprudence of England and Scotland.[8] Although the work was theoretical, Kames devoted some attention to more practical matters, including a discussion of the rules governing bankruptcy.[9] Well received in its time, Principles of Equity served as a source cited by both Scottish and early American lawyers.[10]

Evidence for Inclusion in Wythe's Library

Listed in the Jefferson Inventory of Wythe's Library as Kaim's Pr. Eq. fol. and given by Thomas Jefferson to Dabney Carr. Two folio editions of this title were published.[11] The Brown Bibliography[12] and Dean's Memo[13] include the 1760 edition while George Wythe's Library[14] on LibraryThing indicates "Precise edition unknown. Folio editions of this work were published at Edinburgh in 1760 and 1767." The Wolf Law Library moved a copy of the 1760 edition from another rare book collection to the George Wythe Collection.

Description of the Wolf Law Library's copy

Recently rebound in period style. Spine features four bands with gilt rules and green labels. Purchased through the generosity of Daniel W. Baran and Lena Stratton Baran, Class of 1936.

Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.

Full text

See also

References

  1. "[www.scottishphilosophy.org/lord-kames.html Henry Home, Lord Kames (1696-1782)]" on International Association for Scottish Philosophy website, accessed October 22, 2013.
  2. Alastair J. Durie and Stuart Handley, "Home, Henry, Lord Kames (1696–1782)" in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed October 22, 2013.
  3. Ibid.
  4. Ibid.
  5. Ibid.
  6. Daniel James Carr, "An Iron Mind in an Iron Body: Lord Kames and His Principles of Equity," Edinburgh School of Law Research Paper, 2013/25 (2013). Available at SSRN: http://ssrn.com/abstract=2282735 or http://dx.doi.org/10.2139/ssrn.2282735.
  7. Durie and Handley, “Home, Henry, Lord Kames (1696–1782).”
  8. Carr, “An Iron Mind in an Iron Body.”
  9. Durie and Handley, “Home, Henry, Lord Kames (1696–1782).”
  10. Carr, “An Iron Mind in an Iron Body.”
  11. English Short Title Catalog, http://estc.bl.uk, search of "Principles of Equity and Kames" reveals folio editions published in 1760 and 1767.
  12. Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433
  13. Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 11, 12 (on file at Wolf Law Library, College of William & Mary).
  14. LibraryThing, s.v. "Member: George Wythe", accessed on April 21, 2013.