Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-09T03:30:36.556Z Has data issue: false hasContentIssue false

5 - Mansfield and the commercial code

Published online by Cambridge University Press:  10 October 2009

Get access

Summary

Lord Campbell introduced his mid-nineteenth-century account of the judicial achievement of Lord Mansfield with an effusive version of an assessment first elaborated some seventy years earlier in the closing phase of Mansfield's public career. “In the reign of George II,” Campbell explained, “England had grown into the greatest manufacturing and commercial country in the world, while her jurisprudence had by no means been expanded or developed in the same proportion.” Parliament “had literally done nothing” to adjust English law to “the concerns of a trading population,” and “the common law judges” had likewise most often proved “too unenlightened and too timorous “in the cause of legal improvement. Elevated to the Bench in 1756, following two decades of triumphal professional and parliamentary advancement, Lord Chief Justice Mansfield “saw the noble field that lay before him, and he resolved to reap the rich harvest of glory which it presented to him.”

In current work on English legal history, Mansfield still often survives as “the towering figure” who “dominated the legal scene” and whose legal ideas served as “the harbinger of the new age.” Nevertheless, the burden of recent scholarship has been to qualify the common picture of Mansfield's court as an aggressive instrument for legal change and historical discontinuity. A. W. B. Simpson, writing in the context of one of Mansfield's most controversial rulings, insists that “Mansfield was no innovator in legal matters” and that “his ideas commonly involved no more than a bold and striking affirmation of views expressed by others.”

Type
Chapter
Information
The Province of Legislation Determined
Legal Theory in Eighteenth-Century Britain
, pp. 99 - 121
Publisher: Cambridge University Press
Print publication year: 1989

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

Available formats
×

Save book to Google Drive

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.

Available formats
×