Michael Lobban
Dados Biográficos
| ID | 101699 |
|---|---|
| NOME | Michael Lobban |
| PRENOMES | Michael |
| SOBRENOME | Lobban |
| ASSINATURA | LOBBAN M |
| AFILIAÇÕES | Brunel University of London |
| ORCID | 0000-0002-9444-2840 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 35 |
| TOTAL DE CITAÇÕES | 52 |
| TOTAL COMO AUTOR | 34 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1987 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 4 |
The Travels of Treason
The law of treason has been criticised for being based on ‘outdated’ statutes which are inflexible and unsuitable for modern needs. However, a historical examination of the evolution of treason in Britain and its empire suggests that the law was often adaptable. In nineteenth century England, jurists wished to rein in older constructive treasons, to leave the 1351 Act as the appropriate law for wartime treasons, while the more lenient 1848 Act wa…
Imperial Incarceration
For nineteenth-century Britons, the rule of law stood at the heart of their constitutional culture, and guaranteed the right not to be imprisoned without trial. At the same time, in an expanding empire, the authorities made frequent resort to detention without trial to remove political leaders who stood in the way of imperial expansion. Such conduct raised difficult questions about Britain's commitment to the rule of law. Was it satisfied if the …
Networks and Connections in Legal History
Rage for Order
Lauren Benton and Lisa Ford have both played a significant role in developing the field of imperial legal history. Their latest jointly written work is a tour de force which uses a number of detail
Engines of Truth
Earnestness, sincerity, and honesty were hallmarks of the Victorian character, the badges which distinguished the respectable from the unrespectable. Nowhere was truthfulness more important than in
Habeas Corpus, Imperial Rendition, and the Rule of Law
Journal Article Habeas Corpus, Imperial Rendition, and the Rule of Law Get access Michael Lobban Michael Lobban * * Michael Lobban, Professor of Legal History, London School of Economics and Political Science. Email: [email protected] . This article expands on some of the arguments I set out in 'Habeas corpus et "rule of law" en Angleterre vers 1885-1914' (2014) 48 Revue d'Histore du XIX e siècle 77–91. Thanks also to the referees for their co…
Principles of Equity
Habeas Corpus
The ‘Great Writ’ of habeas corpus has long had an iconic status as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers. According to the traditional version, popularised by Whiggish constitutional writers from the late seventeenth century onwards, the English constitution as embodied in the common law had, since time immemorial, striven to protect the fundamental rights …
Copyright Law and the Public Interest in the Nineteenth Century
Copyright Law and the Public Interest in the Nineteenth Century. ISABELLA ALEXANDER. Oxford and Portland, Oregon. Hart Publishing Ltd. 2010. xxiv + 320 pp (including index). Hardback. £55. ISBN 978
The Oxford History of the Laws of England
The Oxford History of the Laws of England
The Oxford History of the Laws of England
VII. Empire's Law
This chapter aims to note how both the essential constitutional doctrines and the major rules of private law could fare in the process of adapting the common law to its novel environments; for, among other things, that suggests the extent to which English common law was dependent upon its own circumstances of time and socio-political development.
Slavery, Insurance and the Law
English Common Law in the Age of Mansfield
Journal Article English Common Law in the Age of Mansfield Get access Michael Lobban Michael Lobban Queen Mary, University of London Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume CXXI, Issue 490, February 2006, Pages 317–319, https://doi.org/10.1093/ehr/cej083 Published: 01 February 2006
Frederick Pollock and the English Juristic Tradition
The Chancellor, the Chancery, and the History of Law Reform
As both James Oldham and Joshua Getzler show in their perceptive and helpful comments, much work remains to be done on the history of both the nineteenth-century Chancery and the wider law reform movement. My discussion of the inconclusive nature of the political debate about Eldon's arrears leads Oldham to ask whether the Chancellor was really overburdened and whether the appointment of the Vice Chancellor was as counterproductive as many contem…
Preparing for Fusion
As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the…
Preparing for Fusion
In 1850, William Carpenter, a reform-minded journalist, called the court of Chancery “an instrument of oppression” and noted that “[t]he madhouses, the workhouses, and the gaols, in all parts of the kingdom, have within their walls the melancholy and heart-broken victims of the evil it does.” The image of the nineteenth-century Chancery as a ruinously expensive and slow court is familiar and was given its most famous expression in Charles Dickens…
How Benthamic Was the Criminal Law Commission
Lindsay Farmer's argument that, in seeking to replace the common law with legislation, and in striving for a novel systematization of the relationship between civil and penal law, the criminal law commissioners of 1833-45 transformed the understanding of criminal law in relation to government is a powerful one. It is to some degree an inferential argument, positing that a reading of Bentham's theory of legislation allows us to understand the comm…
Shorter notice. Sir Robert Chambers
Journal Article Shorter notice. Sir Robert Chambers: Law, Literature, and Empire in the Age of Johnson. Thomas M Curley (ed) Get access M Lobban M Lobban Brunel University, UK Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 460, February 2000, Pages 217–218, https://doi.org/10.1093/ehr/115.460.217 Published: 01 February 2000
Studies in Irish Legal History W. N. Osborough
Journal Article Studies in Irish Legal History W. N. Osborough Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 463, September 2000, Pages 998–999, https://doi.org/10.1093/ehr/115.463.998 Published: 01 September 2000
John Scott, Lord Eldon, 1751-1838 The Duty of Loyalty Rose A. Melikan
Journal Article John Scott, Lord Eldon, 1751-1838 The Duty of Loyalty Rose A. Melikan Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 463, September 2000, Pages 913–915, https://doi.org/10.1093/ehr/115.463.913 Published: 01 September 2000
A History of the County Court, 1846-1971 Patrick Polden
Journal Article A History of the County Court, 1846–1971 Patrick Polden Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1352–1353, https://doi.org/10.1093/ehr/115.464.1352 Published: 01 November 2000
Henry Brougham and Law Reform
Journal Article Henry Brougham and Law Reform Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1184–1215, https://doi.org/10.1093/ehr/115.464.1184 Published: 01 November 2000
From Seditious Libel to Unlawful Assembly
From Seditious Libel to Unlawful Assembly: Peterloo and the Changing Face of Political Crime c1770–1820 Get access MICHAEL LOBBAN MICHAEL LOBBAN ⋆St John's CollegeOxford Search for other works by this author on: Oxford Academic Google Scholar Oxford Journal of Legal Studies, Volume 10, Issue 3, Autumn 1990, Pages 307–352, https://doi.org/10.1093/ojls/10.3.307 Published: 01 October 1990
Blackstone and the Science of Law
Blackstone's Commentaries have traditionally evoked two responses. On the one hand, from Bentham on, the work has been seen as confused and contradictory, based on theoretical foundations which were either irrelevant to his task, or ignored in practice in the book. On the other hand, although his achievement and in particular his theorising have been criticised, the Commentaries have also been seen as the first attempt to systematise English law …
Reconciliation through Truth
Slavery, Insurance and the Law
White Man's Justice
The growth of black consciousness - BPC and SASO 1972-74 black consciousness on trial white students on trial from ideas to action - terrorism trials before Soweto 1976 - new dangers, new responses terrorism and torture breaking the structures - terrorism trials after Soweto black revolt on trial - sedition and the Soweto students
Preparing for Fusion
As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the…
Preparing for Fusion
In 1850, William Carpenter, a reform-minded journalist, called the court of Chancery “an instrument of oppression” and noted that “[t]he madhouses, the workhouses, and the gaols, in all parts of the kingdom, have within their walls the melancholy and heart-broken victims of the evil it does.” The image of the nineteenth-century Chancery as a ruinously expensive and slow court is familiar and was given its most famous expression in Charles Dickens…
Henry Brougham and Law Reform
Journal Article Henry Brougham and Law Reform Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1184–1215, https://doi.org/10.1093/ehr/115.464.1184 Published: 01 November 2000
How Benthamic Was the Criminal Law Commission
Lindsay Farmer's argument that, in seeking to replace the common law with legislation, and in striving for a novel systematization of the relationship between civil and penal law, the criminal law commissioners of 1833-45 transformed the understanding of criminal law in relation to government is a powerful one. It is to some degree an inferential argument, positing that a reading of Bentham's theory of legislation allows us to understand the comm…
Habeas Corpus
The ‘Great Writ’ of habeas corpus has long had an iconic status as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers. According to the traditional version, popularised by Whiggish constitutional writers from the late seventeenth century onwards, the English constitution as embodied in the common law had, since time immemorial, striven to protect the fundamental rights …
Was there a nineteenth century ‘english school of jurisprudence’
Blackstone and the Science of Law
Blackstone's Commentaries have traditionally evoked two responses. On the one hand, from Bentham on, the work has been seen as confused and contradictory, based on theoretical foundations which were either irrelevant to his task, or ignored in practice in the book. On the other hand, although his achievement and in particular his theorising have been criticised, the Commentaries have also been seen as the first attempt to systematise English law …
From Seditious Libel to Unlawful Assembly
From Seditious Libel to Unlawful Assembly: Peterloo and the Changing Face of Political Crime c1770–1820 Get access MICHAEL LOBBAN MICHAEL LOBBAN ⋆St John's CollegeOxford Search for other works by this author on: Oxford Academic Google Scholar Oxford Journal of Legal Studies, Volume 10, Issue 3, Autumn 1990, Pages 307–352, https://doi.org/10.1093/ojls/10.3.307 Published: 01 October 1990
The Common Law and English Jurisprudence 1760-1850
Journal Article The Common Law and English Jurisprudence 1760–1850 and Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law Get access Lobban Michael, The Common Law and English Jurisprudence 1760–1850. New York: Oxford University Press, 1991. xvi, 315. $65.Kelly P. J., Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. New York: Oxford university Press, 1990. X, 240pp. $65. Albert J. Schmidt Albert J.…
Was there a nineteenth century ‘english school of jurisprudence’
White Man’s Justice
This major new study examines the use of political trials by the apartheid regime in South Africa against its opponents in the 1970s, the decade when the ideology of apartheid was reaching its apogee. After tracing the early history of the South African Students Organization and the Black People's Convention, it shows how the state reacted to the threat posed by the black consciousness movement by launching a major trials of ideas, using the noto…
Politics by Other Means
White Man's Justice
The growth of black consciousness - BPC and SASO 1972-74 black consciousness on trial white students on trial from ideas to action - terrorism trials before Soweto 1976 - new dangers, new responses terrorism and torture breaking the structures - terrorism trials after Soweto black revolt on trial - sedition and the Soweto students
Shorter Notices
SHORTER NOTICES MICHAEL LOBBAN MICHAEL LOBBAN University of Durham Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume CXIII, Issue 451, April 1998, Pages 496–497, https://doi.org/10.1093/ehr/CXIII.451.496 Published: 01 April 1998
Shorter notice. Anglo-American Securities Regulation. Cultural and Political Roots, 1690-1860. S Banner
Journal Article Anglo-American Securities Regulation. Cultural and Political Roots, 1690-1860. S Banner Get access M Lobban M Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 114, Issue 459, November 1999, Pages 1329–1330, https://doi.org/10.1093/ehr/114.459.1329 Published: 01 November 1999
Reconciliation through Truth
How Benthamic Was the Criminal Law Commission
Lindsay Farmer's argument that, in seeking to replace the common law with legislation, and in striving for a novel systematization of the relationship between civil and penal law, the criminal law commissioners of 1833-45 transformed the understanding of criminal law in relation to government is a powerful one. It is to some degree an inferential argument, positing that a reading of Bentham's theory of legislation allows us to understand the comm…
Shorter notice. Sir Robert Chambers
Journal Article Shorter notice. Sir Robert Chambers: Law, Literature, and Empire in the Age of Johnson. Thomas M Curley (ed) Get access M Lobban M Lobban Brunel University, UK Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 460, February 2000, Pages 217–218, https://doi.org/10.1093/ehr/115.460.217 Published: 01 February 2000
Studies in Irish Legal History W. N. Osborough
Journal Article Studies in Irish Legal History W. N. Osborough Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 463, September 2000, Pages 998–999, https://doi.org/10.1093/ehr/115.463.998 Published: 01 September 2000
John Scott, Lord Eldon, 1751-1838 The Duty of Loyalty Rose A. Melikan
Journal Article John Scott, Lord Eldon, 1751-1838 The Duty of Loyalty Rose A. Melikan Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 463, September 2000, Pages 913–915, https://doi.org/10.1093/ehr/115.463.913 Published: 01 September 2000
A History of the County Court, 1846-1971 Patrick Polden
Journal Article A History of the County Court, 1846–1971 Patrick Polden Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1352–1353, https://doi.org/10.1093/ehr/115.464.1352 Published: 01 November 2000
Henry Brougham and Law Reform
Journal Article Henry Brougham and Law Reform Get access Michael Lobban Michael Lobban Brunel University Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume 115, Issue 464, November 2000, Pages 1184–1215, https://doi.org/10.1093/ehr/115.464.1184 Published: 01 November 2000
The Chancellor, the Chancery, and the History of Law Reform
As both James Oldham and Joshua Getzler show in their perceptive and helpful comments, much work remains to be done on the history of both the nineteenth-century Chancery and the wider law reform movement. My discussion of the inconclusive nature of the political debate about Eldon's arrears leads Oldham to ask whether the Chancellor was really overburdened and whether the appointment of the Vice Chancellor was as counterproductive as many contem…
Preparing for Fusion
As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the…
Preparing for Fusion
In 1850, William Carpenter, a reform-minded journalist, called the court of Chancery “an instrument of oppression” and noted that “[t]he madhouses, the workhouses, and the gaols, in all parts of the kingdom, have within their walls the melancholy and heart-broken victims of the evil it does.” The image of the nineteenth-century Chancery as a ruinously expensive and slow court is familiar and was given its most famous expression in Charles Dickens…
Frederick Pollock and the English Juristic Tradition
English Common Law in the Age of Mansfield
Journal Article English Common Law in the Age of Mansfield Get access Michael Lobban Michael Lobban Queen Mary, University of London Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Volume CXXI, Issue 490, February 2006, Pages 317–319, https://doi.org/10.1093/ehr/cej083 Published: 01 February 2006
Slavery, Insurance and the Law
The Oxford History of the Laws of England
The Oxford History of the Laws of England
The Oxford History of the Laws of England
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