Volume 8, the third of the historical volumes of A Treatise of
Legal Philosophy and General Jurisprudence, offers a history of
legal philosophy in common-law countries from the 17th to the 19th
century. Its main focus (like that of Volume 9) is on the ways in
which jurists and legal philosophers thought about law and legal
reasoning. The volume begins with a discussion of the 'common law
mind' as it evolved in late medieval and early modern England. It
goes on to examine the different jurisprudential traditions which
developed in England and the United States, showing that while
Coke's vision of the common law continued to exert a strong
influence on American jurists, in England a more positivist
approach took root, which found its fullest articulation in the
work of Bentham and Austin.
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