Overview

The Jurisprudence of Lord Denning: A Study in Legal History consists of three volumes:Fiat Justitia: Lord Denning and the Common Law; The Last of England: Lord Denning's Englishry and the Law and Freedom under the Law: Lord Denning as Master of the Rolls, 1962–1982. Each volume considers a different aspect of Lord Denning's jurisprudence. Fiat Justitia is concerned with Lord Denning's place in the common law tradition, as defined by Fortescue, Coke and Blackstone. Particular attention is paid to Lord Denning's approach to the role of the Judge and the use of judicial discretion in relation to precedent, statutory interpretation, individual rights and control of the abuse of power. The Last of England looks at the role of Englishness in the jurisprudence of Lord Denning, setting his approach to equity, in particular the way in which he developed the doctrine of estoppel, immigration and race and the law of the European Community in the context of the developing debate about the nature of English identity. Freedom under the Law sets the jurisprudence of Lord Denning in the context of the history of the 1960s and 1970s; examining his writings about the law, role in the Profumo affair and treatment of themes such as religion, literature, education, the currency, the Empire, the Union, national security, social change, industrial conflict and the role of the City of London.The trilogy provides a comprehensive analysis of the work of one of the most important judges of the twentieth century set in its historical, political and philosophical context. In the course of preparing this work, each of the 1072 judgments of Lord Denning, as reported in the All England Law Reports for the years 1962 to 1982, was considered, together with all the books about the law which he published while sitting as a judge.

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9781443812528

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Reviews

Lord Denning was a man of monumental influence over the development of English law, both in its substance and style. In this remarkable trilogy, Dr Stephens has produced a magnificent exposition and analysis of Denning's contribution to the common law - a corpus of rules now affecting a third of the world. The trilogy is a work of profound historical significance. Through both minute exegesis of Denning's judgments and grand narrative of their historical setting and significance, Stephens' work gives an understanding of a judicial phenomenon that shaped important aspects of the twentieth century. The breadth and depth of the studies, and the scholarship from which the writing flows, are extraordinary. - Professor Gary Slapper is a Professor of Law and Director of the Centre for Law at the Open University. With Dr David Kelley, he is the author of The English Legal System, an important text book which is now in its 9th Edition. The Jurisprudence of Lord Denning: A Study in Legal History by Charles Stephens, a set of three complementary books on the philosophy and judgments of Lord Denning is, in my opinion, by far the most thorough and convincing analysis and study of Denning in existence. The trilogy is a scholarly contribution of the very highest quality and the utmost importance in its subject-matter; it is also a wonderful read.It is quite the best book we have on him, I cannot think of any work on Lord Denning that better deserves publication. - Professor Antony Lentin is a retired Professor of History at the Open University and a Member of Wolfson College Cambridge. He is also the author of The Last Political Law Lord: Lord Sumner 1859-1934 published by Cambridge Scholars Publishing in 2008 and of several judicial biographies in the Oxford Dictionary of National Biography, including those of Lord Reading and Lord Maugham. Viewing Denning from an historian's eye view offers academic and general readers alike a useful perspective on the influence judicial decisions are likely to have on the body politic, which in turn influences everyday life. - Phillip Taylor, MBE, Richmond Green Chambers, UK

Lord Denning was a man of monumental influence over the development of English law, both in its substance and style. In this remarkable trilogy, Dr Stephens has produced a magnificent exposition and analysis of Denning's contribution to the common law - a corpus of rules now affecting a third of the world. The trilogy is a work of profound historical significance. Through both minute exegesis of Denning's judgments and grand narrative of their historical setting and significance, Stephens' work gives an understanding of a judicial phenomenon that shaped important aspects of the twentieth century. The breadth and depth of the studies, and the scholarship from which the writing flows, are extraordinary. - Professor Gary Slapper is a Professor of Law and Director of the Centre for Law at the Open University. With Dr David Kelley, he is the author of The English Legal System, an important text book which is now in its 9th Edition. The Jurisprudence of Lord Denning: A Study in Legal History by Charles Stephens, a set of three complementary books on the philosophy and judgments of Lord Denning is, in my opinion, by far the most thorough and convincing analysis and study of Denning in existence. The trilogy is a scholarly contribution of the very highest quality and the utmost importance in its subject-matter; it is also a wonderful read. It is quite the best book we have on him, I cannot think of any work on Lord Denning that better deserves publication. - Professor Antony Lentin is a retired Professor of History at the Open University and a Member of Wolfson College Cambridge. He is also the author of The Last Political Law Lord: Lord Sumner 1859-1934 published by Cambridge Scholars Publishing in 2008 and of several judicial biographies in the Oxford Dictionary of National Biography, including those of Lord Reading and Lord Maugham. Viewing Denning from an historian's eye view offers academic and general readers alike a useful perspective on the influence judicial decisions are likely to have on the body politic, which in turn influences everyday life. - Phillip Taylor, MBE, Richmond Green Chambers, UK

Author Information

Charles Stephens was educated at Shrewsbury School and New College Oxford, of which he was a Scholar. He has been awarded an MA in Modern History by the University of Oxford and an LLB and PhD by the University of London. He is currently a Lecturer in Law at the Open University and Head of Politics at Queen's College, Harley Street. Since 1985, he has been engaged in research on the history of Britain between 1945 and 1979. His study of the jurisprudence of Lord Denning is the first fruits of that research.

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