The Liberty Archive FREECAPITALISTS.ORG

First published 1919

Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century (2nd edition, 1919)

Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century (2nd edition, 1919) by A. V. Dicey is available as a free PDF and EPUB download at freecapitalists.org.

Author
A. V. Dicey
First published
1919
Format
PDF and EPUB
Pages
327
Publisher
London: Macmillan, 1919 (2nd ed.); Online Library of Liberty edition
License
Public domain by publication date.

A. V. Dicey's lectures on how shifts in opinion shaped English law in the nineteenth century, first published in 1905 and here in the second edition of 1919. He describes periods of Benthamite individualism and then of collectivism, and follows the rise of collectivist legislation and its effect on personal liberty.

What's in it

59 chapters · 171,365 words · free to read here

  1. PREFACE TO THE FIRST EDITION
  2. PREFACE TO THE SECOND EDITION
  3. Aim of Introduction
  4. (A): Legislative Opinion at the end of the Nineteenth Century
  5. (B): Course of Legislation from Beginning of Twentieth Century
  6. (C): The Main Current of Legislative Opinion from the beginning of the Twentieth Century
  7. (D): Counter-Currents and Cross-Currents of Legislative Opinion from the Beginning of the Twentieth Century2
  8. Conclusions
  9. LECTURE I: THE RELATION BETWEEN LAW AND PUBLIC OPINION
  10. LECTURE II: CHARACTERISTICS OF LAW-MAKING OPINION IN ENGLAND
  11. LECTURE III: DEMOCRACY AND LEGISLATION
  12. I.: The Period of Old Toryism or Legislative Quiescence (1800-1830)1
  13. II.: The Period of Benthamism or Individualism (1825-1870)2
  14. III.: Period of Collectivism (1865-1900)1
  15. LECTURE V: THE PERIOD OF OLD TORYISM OR LEGISLATIVE QUIESCENCE (1800-1830)
  16. (A): State of Opinion (1760-1830)
  17. (B): Absence of Changes in the Law
  18. (C): Why considerable changes took place during the Period of Quiescence
  19. (D): Close of the Period of Quiescence
  20. LECTURE VI: THE PERIOD OF BENTHAMISM OR INDIVIDUALISM1
  21. (A): Benthamite Ideas as to the Reform of the Law
  22. I.: Legislation is a Science.
  23. II.: The right aim of legislation is the carrying out of the principle of utility, or, in other words, the proper end of every law is the promotion of the greatest happiness of the greatest number.
  24. III.: Every person is in the main and as a general rule the best judge of his own happiness. Hence legislation should aim at the removal of all those restrictions on the free action of an individual which are not necessary for securing the like freedom on the part of his neighbours.1
  25. (B): The Acceptance of Benthamism
  26. (C): The Trend and Tendency of Benthamite Legislation
  27. LECTURE VII: THE GROWTH OF COLLECTIVISM
  28. Tory Philanthropy and the Factory Movement
  29. Changed Attitude of the Working Classes
  30. Modification in Economic and Social Beliefs
  31. Characteristics of Modern Commerce
  32. Introduction of Household Suffrage, 1868-1884
  33. (A): Principles of Collectivism
  34. Restrictions on Freedom of Contract
  35. Preference for Collective Action
  36. Equalisation of Advantages
  37. (B): Trend of Collectivist Legislation
  38. LECTURE IX: THE DEBT OF COLLECTIVISM TO BENTHAMISM
  39. LECTURE X: COUNTER-CURRENTS AND CROSS-CURRENTS OF LEGISLATIVE OPINION
  40. A.: The Course of Legislative Opinion
  41. B.: The Actual Course of Ecclesiastical Legislation
  42. LECTURE XI: JUDICIAL LEGISLATION
  43. I.: The Special Characteristics of Judicial Legislation in Relation to Public Opinion
  44. II.: The Effect of Judge-made Law on Parliamentary Legislation
  45. LECTURE XII: RELATION BETWEEN LEGISLATIVE OPINION AND GENERAL PUBLIC OPINION
  46. NOTE I: THE RIGHT OF ASSOCIATION
  47. As to Similarities.
  48. As to Differences.
  49. NOTE II: THE ECCLESIASTICAL COMMISSION
  50. (A): Movement for Abolition from 1772.1
  51. (B): Observations.
  52. A.: Origin of Judge-made Law
  53. B.: Amount of Judge-made Law
  54. C.: Characteristics of Judge-made Law
  55. D.: Objections to or Criticisms on the theory of Judge-made Law
  56. A SELECTION OF WORKS ON POLITICS
  57. About Liberty Fund
  58. The Online Library of Liberty
  59. Copyright Information

Community

Discuss this book

No thread on Mises Community names this book yet. Start one.

Keep reading

More by A. V. Dicey