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1 - Against Decline

Published online by Cambridge University Press:  05 May 2013

Julia Rudolph
Affiliation:
Associate Professor of History at North Carolina State University
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Summary

The history of eighteenth-century English common law jurisprudence – and common law culture more generally – has often been narrated as a story of decline and fall. The first half of the century, a period delineated between the Bill of Rights of 1689 and the labours of Blackstone in the 1760s, has particularly been characterised as a time when the common law stood apart from the progressive and enlightened impulses of the era; a time when common law struggled, and largely failed, to maintain its former intellectual and cultural significance. Since this is a narrative that adheres to the pattern of Polybius' cycles – wherein decay invariably succeeds a period of strength and perfection – it relies on the convention of a reversal of fortune, and depicts the century preceding 1689 as a peak in the development of key common law principles. The seventeenth century, an age of Coke, Selden and Hale, is regarded as a triumphal period for the common law, when a language of ancient custom, and a theory of historicised legal authority, flourished and expanded in important ways. By the eighteenth century, however, scholarly convention holds that English common law jurisprudence and common law culture went into a period of defensiveness, irrelevance and ultimate decline. Its practitioners were no longer at the centre of English cultural life; its arguments for custom and precedent were ultimately and fatally outstripped by new discourses and practices of rational contract, legislative change and commercial interest.

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Publisher: Boydell & Brewer
Print publication year: 2013

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  • Against Decline
  • Julia Rudolph, Associate Professor of History at North Carolina State University
  • Book: Common Law and Enlightenment in England, 1689-1750
  • Online publication: 05 May 2013
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  • Against Decline
  • Julia Rudolph, Associate Professor of History at North Carolina State University
  • Book: Common Law and Enlightenment in England, 1689-1750
  • Online publication: 05 May 2013
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Against Decline
  • Julia Rudolph, Associate Professor of History at North Carolina State University
  • Book: Common Law and Enlightenment in England, 1689-1750
  • Online publication: 05 May 2013
Available formats
×