The Common Law and English Jurisprudence 1760-1850
By (author) Michael Lobban
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Common Law and English Jurisprudence 1760-1850 by Michael Lobban
Book DescriptionIn this book, Michael Lobban argues that a proper understanding of English law and jurisprudence in the period is needed to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. He questions some commonly-accepted views of the nature of the common law itself and argues that attempts - notably those by Blackstone and Bentham - to expound or to criticize common law in essentially theoretical terms were mistaken. His approach is not a philosophically-based one, but he is concerned with the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers, and makes a valuable corrective contribution to our historical understanding of a critically important period in legal history.
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Book DetailsISBN: 9780198252931
(224mm x 142mm x 23mm)
Imprint: Clarendon Press
Publisher: Oxford University Press
Publish Date: 25-Jul-1991
Country of Publication: United Kingdom
Books By Author Michael Lobban
Impact of Ideas on Legal Development, Paperback (July 2014)
How have social and philosophical ideas influenced the development of tort law in Europe?
Legitimacy and Illegitimacy in Nineteenth-Century Law, Literature and History, Hardback (June 2010)
This innovative book draws together literature, law and economic and social history to investigate the meanings and uses of legitimacy in nineteenth-century Britain. This broad range of essays highlights the ways in which contested narratives and interested performances shaped the idea of legitimate authority during this period.
Law and History, Hardback (January 2004)» View all books by Michael Lobban
These essays explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in 19th-century England, and in 20th- century war crimes trials.
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