The Common Law and English Jurisprudence, 1760-1850: Common Law & English Jurisprud

Hardcover | April 30, 1999

byMichael Lobban

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In 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 thecommon 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 weregrounded 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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In 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 thecommon law itself and argues that attempts - nota...

Michael Lobban is at St John's College, Oxford.

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Format:HardcoverDimensions:332 pages, 8.5 × 5.43 × 0.91 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198252935

ISBN - 13:9780198252931

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`Lobban covers a formidably wide range of material and gives clever, confident commentary on all the literature he reviews. His book is most valuable for the fresh light which his study of the practical aspects of the common law throws on the theories of Blackstone, Bentham and Austin.'EHR, Nov 1994