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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