The province of legislation determined: legal theory in eighteenth-century Britain

The province of legislation determined: legal theory in eighteenth-century Britain

The province of legislation determined: legal theory in eighteenth-century Britain

Law of the United Kingdom and Ireland > England and Wales > From Henry VIII (1547) to ca. 1775

Edition Details

  • Creator or Attribution (Responsibility): David Lieberman
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Cambridge [England] ; New York : Cambridge University Press, 1989
  • Publication Type (Medium): History
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Series title: Ideas in context.
  • Permalink: https://books.lawi.org.uk/the-province-of-legislation-determined-legal-theory-in-eighteenth-century-britain/ (Stable identifier)

Short Description

XIII, 312 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, The province of legislation determined: legal theory in eighteenth-century Britain is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Responsable Person: David Lieberman.
  • Publication Date: 1989
  • Country/State: England
  • Number of Editions: 20 editions
  • First edition Date: 1980
  • Last edition Date: 2002
  • Languages: British English
  • Library of Congress Code: KD612
  • Dewey Code: 349.41
  • ISBN: 0521245923 9780521245920
  • OCLC: 18588988

Publisher Description:

In the first comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The province of the legislation determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman’s bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone’s Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham’s contribution to the ideology of reform.

Table of Contents

Preface
Abbreviations
Introduction
Part I. Blackstone and the Commentaries: 1. The law of England
2. Blackstone’s science of legislation
Part II. The Judiciary: 3. Equity, principle and precedent
4. Legal principles and law reform
5. Mansfield and the commercial code
6. Common law, principle and precedent
7. Kames, legal history and law reform
8. Kames and the principles of equity
Part III. Parliamentary Statute: 9. Statute consolidation
10. Penal law reform
Part IV. Bentham: 11. The critique of common law
12. The Digest
13. From Blackstone to the Pannomion
Conclusion
Bibliography
Index.

Structured Subjects (Headings):

Unstructured Subjects (Headings):

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