Awards

• Joint winner for SPTL Prize for Outstanding Legal Scholarship 1992.
• Winner of Joint winner of the 1992 SPTL Prize for Outstanding Legal Scholarship.

Overview

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.

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9780198252931

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Reviews

It is an important contribution to the history of legal theory in the common law world....Lobban's thesis is complex and highly original; he is persuasive in arguing for a wholesale revision in historical understanding of nineteenth-century legal evolution. --Journal of British Studies<br>

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