An Analysis Of Francis Bacon's Thoughts Of Equity

Francis Bacon(Francis Bacon(1561-1626)is the world's most famous philosopher,The "new tools" he advocates(that is,the methods of induction)have a great influence on later generations.This is a well-known aspect of Bacon's identity.In fact,he has another important identity that is not well understood.That is: Bacon is still a great jurist,and he has left a rich and colorful stroke in the history of British law.Bacon's contribution to the history of English law is mainly focused on equity – procedurally changing the criticism of the Chancery Court for many years,and using the natural law to physically reform the equity.In addition,Bacon has made certain contributions to the development of the English common law.It not only moderates the contradiction between equity and common law to a large extent,but also advocates the reform of the common law.Finally,Bacon also has a wealth of legal philosophy,which created a new legal methodology,the new inductive method,and based on this,summed up many legal maxims,expressed their combination of rationality and experience,and empirical and practical.Legal value investigation.Since Bacon's main contribution is mainly in the aspect of equity,this article will focus on Bacon's equity thinking.This paper is divided into three parts: introduction,body and conclusion.The introduction mainly introduces the status quo and existing deficiencies of Bacon's legal thoughts at china and abroad,and the advancement of this article.The main body is divided into three parts to elaborate: the first part consists of four subsections.The first section begins with a brief introduction of bacon's legal career,which tells the story of bacon's legendary life from youth to middle age when he reached the position of the Chancery to his later years when he specialized in academic studies,The second section briefly introduces the development and problems faced by Bacon's era equity,the third section introduces the development and prosperity in the UK equity and shows the shortcomings of the two in the British law at last the relationship between equity and common law legal system,bacon's views and efforts to reconcile the two contradiction;the second and third parts introduce Bacon's solution to the problems facing the equity at the time.The second part introduces Bacon's improvement of the content of the equity method.The first is about the relationship between the kingship and the law.Bacon firmly supports the supremacy of the kingship on this point.The second is about the natural law tradition in Bacon's Equitable Thought,which is related to Bacon's empirical philosophical thinking.The third part mainly discusses Bacon's improvement of the procedural content of the equity,including strict regulations for the management of the court of the judge.He regulates the running procedures for the operation of the court and reshapes the judge's image for the judges' group.Bacon hopes to lay the track for the front of the equity by reforming the equity,so that the equity can proceed in an orderly manner in its own framework,rather than arbitrarily developing.The conclusion part tells the guiding effect of Bacon's Equity Thought on the development path of Equity,and how later generations evaluate Bacon's status and role as a jurist.Since Bacon's knowledge is very extensive and scattered,the discussion on Bacon's equity thought is bound to be somewhat neglected,which is also what needs to be further improved.