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Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. It asserts that attempts--notably those by Blackstone and Bentham--to expound or criticize common law in essentially theoretical terms were mistaken, and examines the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers. Covering important philosophical and political debates of the time and the development of legal theory over a period of 70 years, The Common Law and English Jurisprudence makes a valuable corrective contribution to our understanding of this critical period in English legal history.
This book investigates the fundamental nature of common-law practice in England between 1760 and 1850, challenging the prevailing view that legal theory during this era was primarily driven by abstract theoretical frameworks. Michael Lobban, a scholar of legal history, argues that the work of prominent figures like Blackstone and Bentham has been misinterpreted by those who view them through a purely theoretical lens. Instead, he posits that judicial ideas were deeply rooted in the practical application of moral and political philosophy, evolving through the specific needs and debates of the legal community over these seven decades.
What You Will Find
Legal historians frequently cite this work as a significant corrective to traditional interpretations of 18th and 19th-century English law. Scholars note the high level of academic density and the meticulous research Lobban employs to dismantle long-standing misconceptions about the development of common-law jurisprudence.
Page Count:
336
Publication Date:
1991-09-12
Publisher:
Clarendon Press
ISBN-10:
0198252935
ISBN-13:
9780198252931
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