Lord Mansfield: Justice in the Age of Reason

by Norman S. Poser

In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years. His legal decisions launched England on the path to abolishing slavery and the slave trade, modernized commercial law in ways that helped establish Britain as the world's leading industrial and trading nation, and his vigorous opposition to the American colonists stoked Revolutionary fires. Although his father and brother were Jacobite rebels loyal to the deposed King James II, Mansfield was able to rise through English society to become a member of its ruling aristocracy and a confidential advisor to two kings. Poser sets Mansfield's rulings in historical context while delving into Mansfield's circle, which included poets (Alexander Pope described him as "his country's pride"), artists, actors, clergymen, noblemen and women, and politicians. Still celebrated for his application of common sense and moral values to the formal and complicated English common law system, Mansfield brought a practical and humanistic approach to the law. His decisions continue to influence the legal systems of Canada, Britain, and the United States to an extent unmatched by any judge of the past. An illuminating account of one of the greatest legal minds, Lord Mansfield presents a vibrant look at Britain's Age of Reason through one of its central figures.

Genres: Law, Nonfiction

560 pages, Paperback

First published July 31, 2013

Reviews

[Elspeth Flood · Rating 3 out of 5]

Norman Poser starts his preface by saying that all modern books on Lord Mansfield talk about his law cases and do not tell his life story. Then he proceeds to write a book in thematic chapters rather than a straight-up narrative. I read about how his house was ransacked and his library burnt in the Gordon Riots about a dozen times in different chapters before I got to the chapter where he actually tells the story. After reading the book, I have no idea what happened in what order. Yes, I could go back and crawl through the chronology and try to figure out how he classified a particular item - the Gordon Riots are an event in Lord Mansfield's life, but not a historical event - go figure. Lord Mansfield's adoption of his black great-niece Dido Elizabeth Belle is not even worthy of inclusion in the chronology. When I am reading about an event in a person's life I want to have a clear idea of what went before. What comes after is still unknown - by which I don't mean I object to "spoilers." I mean that I don't want to hear the same thing over and over. Nevertheless, the subject matter is compelling enough that I wanted to finish the book. A different edit would make it somewhat shorter and a lot more readable without losing anything.

[Roisin · Rating 4 out of 5]

So much gets in the way! Should have finished it sooner.

This is an interesting book about William Murray, Lord Mansfield who was a barrister, politician and judge in the 1700s.

Accused of being a Jacobite, he is famous for the Somersett's Case and The Zong case. Both cases had different outcomes. They show how his judgement was not just one side or the other.

A fascinating period in history and many number of his cases are cited, including modern citations.. A man of his time inspired by the classics, sided with the British over the colonists of America, who was firm. Yet could also be fair to those who faced religious intolerance or poor people, making some surprising outcomes. One learns about him and the age that he lived in.

He was also Lord Chief Justice to the King's Bench. He was married to Elizabeth Finch and had no children. They looked after Elizabeth Murray and Dido Belle their neices. Dido Belle's mother was an African slave. He permanently lived at Kenwood House after his home was burnt down during the Gordon riots and was later on in life looked after by his neice Dido Belle who was painted by Zoffany with her cousin.

I thought more about Dido might be in it but she is briefly mentioned. Some of the comments in this on the slave trade have been challenged. Africans and some African tribes were involved but not responsible for most of it. Unless I misread that. Always possible!

Apart from these, I'd highly recommend this book which is engaging.

A controversial judge, he changed English law and dealt with a wide range of cases. This is why he is still remembered today and is still cited in cases.

[K. G. Whitehurst · Rating 4 out of 5]

Short take--this is English legal history at its teleological, Whiggish best. The audience for this book is graduate history and law students. Poser assumes a high degree of prior knowledge; furthermore, his organizational principle is chronological, particularly for the early years of Mansfield's life; it then become thematic and chronological. Above all, and very annoyingly, it is the traditional Whig interpretation of history--Mansfield is frequently referred to as "timid" because Whigs were always "manly" in their opposition to the Crown's authority; progress, particularly in the development of Parliament's power (equated with an Englishman's freedom), is linear, moving from point A to point B in a straight line, and always in a positive fashion. Poser's at his best when he's dealing with legal principles; he explains them quickly and succinctly, probably from years of practice teaching law, but his understanding of political and social history leaves much to be desired. Also, several of the chapters felt like articles little adapted after being published elsewhere. If you are looking for an actual biography of the man, not the chief justice, I think you will have to look elsewhere.

[Christopher · Rating 3 out of 5]

Interesting social-political-legal history of England in the 2d half of the 18th century. The first half of the book was better than the 2d half. By the end of the book, I was less impressed with Mansfield than the author. Mansfield was an elitist, statist, outcome-based, biased-toward-the-king jurist. I think the author put too much emphasis on how modern courts cite Mansfield. I suspect these courts do it as a normal course of citing long strings of precedent rather than actually being guided by Mansfield's jurisprudence. Mansfield was opposed to most liberty-enhancing efforts (including the American cause during the American Revolution) that tried to get a foothold. So he was wrong on so many issues. However, the author is a natural storyteller and the book is quite accessible to nonscholars...even though it took me a while to get through it.

[Kari · Rating 4 out of 5]

4.5 Excellent writing and summarization of the important cases. Biggest problem was that he switched from chronological to thematic organization. Which both makes sense and doesn’t because it does require shifting your mindset. That aside, loved it. He pointed out the biggest cases and how they influenced law in English settled/conquered countries today. He didn’t shy away from criticizing Mansfield either, which I find invaluable in a good biography. Easy to read and accessible. Excellent. Well done.

[Parker Douglas · Rating 4 out of 5]

Great book if you're interested in the subject. Though a conservative, he did much to foster early speech rights, as a defender of Alexander Pope. As a jurist, he fostered great developments in commercial and corporate law that led and supported the development of the companies at the center of the blooming empire. His jurisprudence likely did as much for Britain's growth as the Bank of England, and this careful biography is rewarding reading for those interested in the way the man's jurisprudence still influences Anglo-American legal thought.