The Common Law and English Jurisprudence, 1760-1850

Joint winner of the 1992 SPTL Prize for Outstanding Legal Scholarship

This treatise argues that a proper understanding of English law and jurisprudence in the period 1760 to 1850 is needed to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners.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 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.