The Common Law and English Jurisprudence, 1760-1850

This treatise examines English law and jurisprudence from 1760 to 1850, challenging established views on common law and emphasizing the influence of moral and political philosophy on judicial ideas during this period.

The Common Law and English Jurisprudence, 1760-1850 by Michael Lobban examines the evolution of English law during a pivotal period in legal history. The author emphasizes the importance of understanding the nuances of common-law practice as envisioned by its practitioners. By focusing on the years between 1760 and 1850, Lobban seeks to clarify how common law was perceived and applied, challenging some long-held assumptions about its nature.

Lobban critically evaluates the contributions of prominent figures such as Blackstone and Bentham, arguing that their theoretical approaches to common law were fundamentally flawed. Rather than adopting a purely philosophical perspective, he explores the practical evolution of judicial ideas, highlighting how these concepts were influenced by the work of moral and political philosophers of the time. This approach provides a fresh lens through which to view the development of legal thought and practice.

The book serves as a corrective to existing historical narratives, enriching our understanding of this crucial period in English legal history. Lobban's work not only sheds light on the complexities of common law but also engages with the broader implications of legal thought in society. Recognized for its scholarly contributions, The Common Law and English Jurisprudence, 1760-1850 was a joint winner of the 1992 SPTL Prize for Outstanding Legal Scholarship, underscoring its significance in the field of legal studies.