About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

REPORTER'S MEMORANDUM ON PROBLEMS . . . THE 1st TENT. DRAFT 1 (1925)

handle is hein.ali/relwtrts0219 and id is 1 raw text is: RESTATEIME4T OF TORTS Group V: Equitable Remedies REPORTER'S MEMORANDUM ON PROBLEMS OF RESTATEM,.ENT NOT TOUCHED UPON IN T11E FIVST TEflTATIVE DRAFT. In this memorandum I shall make positive statement of cer- tain ideas which I propose to put Into the Restatement, though the reason for submIt'n[ to my Advisors at this tLiuo is proclsely that I do not feol positive about them, These points are arranged In the order In which they are thrown up by the Tentative Outline accompanying the First Draft, not In the order of their Importance nor in the order of their vulnerability. I. IMTRODUCTORY NOTE: HISTORY AND ANALYSIS OF INJUNCTIVE RENEDY. The remedy as we have it today has been shaped (a) chiefly by a stream of tradition, continuous from the early days of the English chancery but continuously mod'fied by changing conditions and by changing attitudes In the loyal profession, and (b) by leg- islation, notably codes of procedure and the like. (a) From chancery tradition we derive the idea of discretion- ary administration of Justice with one eye on the law and the other eye on conscience. In the 18th and 19th centuries, our profession aspired to legal certainty and to gain that end went far in the direction of squeezing discretion and conscience out of equity. In the present century there has been a revulsion of thought and we are witnessing a recrudescence of discretion and conscience. Would it be desirable to go into influences on professional thought, - e.g. earlier faith in logic; earlier ideals of government of laws, not of men; eta.?

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most