The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain (Ideas in Context)

By David Lieberman

A accomplished account of English felony notion within the age of Blackstone and Bentham for almost a century, The Province of laws decided advances an formidable reinterpretation of eighteenth-century attitudes to social switch and legislations reform. Professor Lieberman's daring synthesis rests on a large survey of felony fabrics and on an in depth dialogue of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the manager justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative technological know-how of Jeremy Bentham. The examine relates criminal advancements to the wider cloth of eighteenth-century social and political concept, and provides a singular review of the nature of the typical legislations culture and of Bentham's contribution to the ideology of reform.

Show description

Quick preview of The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain (Ideas in Context) PDF

Best Political Theory books

Aristotle: A Very Short Introduction

The impact of Aristotle, the prince of philosophers, at the highbrow background of the West is moment to none. during this booklet, Jonathan Barnes examines Aristotle's clinical researches, his discoveries in good judgment and his metaphysical theories, his paintings in psychology and in ethics and politics, and his principles approximately artwork and poetry, putting his teachings of their ancient context.

The Myth of Ownership: Taxes and Justice

In a capitalist financial system, taxes are an important software during which the political procedure places into perform a perception of financial and distributive justice. Taxes arouse robust passions, fueled not just via conflicts of financial self-interest, yet through conflicting rules of equity. Taking as a guideline the normal nature of personal estate, Murphy and Nagel express how taxes can in basic terms be evaluated as a part of the general process of estate rights that they assist to create.

The Philosophy of Sociality: The Shared Point of View

The Philosophy of Sociality examines the character of sociality in its numerous types, with precise emphasis on collective intentionality. Raimo Tuomela starts with a contrast among the "we-perspective" and the "I-perspective. " His learn of robust collective intentionality -- as expressed through joint intentions, collective dedication, crew trust, authority-based workforce motion, and different phenomena -- outlines the conditions lower than which somebody is needed to imagine and act as a bunch member.

Reinterpreting Property

This number of essays by way of one of many country's top estate theorists revitalizes the liberal character concept of estate. Departing from conventional libertarian and fiscal theories of estate, Margaret Jane Radin argues that the legislation should still bear in mind nonmonetary own price connected to property—and that a few issues, resembling physically integrity, are so own they need to now not be thought of estate in any respect.

Extra info for The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain (Ideas in Context)

Show sample text content

Eighty four way more severe was once the problem Mansfield posed concerning the right courting among the courts and parliament. by the point of Mansfield's retirement and the "founding" of industrial legislations through the courts, it used to be now not effortless to interpret that courting unambiguously at the foundation of the popular maxim that the judge's place of work wasy#. r dicere, now not jus dare. John Joseph Powell stated that it used to be right for a pass judgement on " t o version and adapt" the " principles of justice " based on " the exigencies of mankind.

24 This extension of the motion to non-contractual situations was once rather very important for the expansion of the motion of indebitatus assumpsit for ' cash had and received,' one of many so-called * universal counts' in assumpsit. this type of the motion had massive technical merits for a plaintiff in that he simply needed to declare the defendant's indebtedness, instead of set out at size the conditions which resulted in the move of cash less than dispute. The motion used to be to be had in events the place cash have been transferred via mistake, or the place funds have been given to the defendant for move to the plaintiff.

31 Kames's ultimate aspect used to be aimed at once on the legislation of Scotland, and disclosed one other goal served by means of criminal heritage. This used to be to point the necessity for criminal swap through demonstrating the antiquated nature of inherited felony practices. Pocock has saw generally of the Scottish "sociological historians" that their "great fulfillment" lay in "the attractiveness advertisement society had rendered out of date a lot that have been believed approximately society prior to. " 32 The corollary to this in Kames's case used to be the popularity of the inadequacy of the ancient Scots legislation to deal with the criminal wishes of latest society.

318. lengthy v Laming, (1760) 2 Burrow 1100, 1106-7. 139 140 The judiciary conveyance through livery of seisin, the complete doctrine of copyholds, and 100 different circumstances that will receive, are evidently the offspring of the feudal procedure: yet no matter what their parentage used to be, they're now followed via the typical legislations of britain, integrated into its physique, and so interwoven with its coverage, that no courtroom of justice during this state has both the facility or (I belief) the inclination to disturb them... The legislations of genuine estate during this nation at any place its fabrics have been amassed, is now shaped right into a high quality synthetic procedure, packed with unseeen connexions and great dependencies; and he that breaks one hyperlink of the chain, endangers the dissolution of the full.

Fifty nine For the remainder of his critique Blackstone back appealed to the perform of the courts. yet the following his argument ran in a unique course. rather than pointing to the style during which fairness had come to function as settled legislation, he asserted that every one the English courts loved an equitable authority. He consequently brushed aside the inspiration that fairness was once targeted in adjudicating "according to the spirit of the rule of thumb" via stressing that "so additionally does a court docket of law... the following by means of fairness we suggest not anything however the sound interpretation of the legislations.

Download PDF sample

Rated 4.94 of 5 – based on 34 votes