Lectures on the Relation between Law and Public Opinion (LF ed.)

This volume brings together a series of lectures A. V. Dicey first gave at Harvard Law School on the influence of public opinion in England during the nineteenth century and its impact on legislation. It is an accessible attempt by an Edwardian liberal to make sense of recent British history. Dicey’s lectures were a reflection of the anxieties felt by turn-of-the-century Benthamite Liberals in the face of Socialist and New Liberal challenges.

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Citation

Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century, edited and with an Introduction by Richard VandeWetering (Indianapolis: Liberty Fund, 2008).

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Sir William Blackstone (Author)

Blackstone was a British jurist who was the first to attempt to codify the principles of English law. Dicey was heavily influenced by him as Blackstone forms the foundation of many of the lectures in this collection.

John Stuart Mill (Author)

John Stuart Mill. Mill was an early influence on Dicey. His On Liberty was one of the inspirations behind the Old Mortality Society, an undergraduate group Dicey formed. Dicey later became extremely critical of Mill when Mill embraced socialism late in his life
Viscount James Bryce (Author)

Bryce was a British politician and close friend of Dicey. They went to Oxford together and remained close. Dicey frequently consulted Bryce on the context of these lectures, leading him to miss publisher deadlines.

Key Quotes

War & Peace

One example of this change in political opinion is to be found in the altered attitude of the public towards peace and economy. During the era of Benthamism “peace and retrenchment” were the watchwords of all serious statesmen. This formula has now fallen out of remembrance. The point to be noted…

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Critical Responses

The Scope of Judicial Law-Making in the Common Law Tradition

Lord Hodge, Justice of the Supreme Court of the United Kingdom

In this speech, Lord Hodge critiques Dicey’s work on judicial legislation and its relationship to common law.

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Connected Readings

Book

On Liberty and The Subjection of Women (1879 ed.)

John Stuart Mill

More John Stuart Mill

This book was popular when Dicey was studying and formed much of his liberal sensibilities. The influence of Mill can be seen throughout these lectures.

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Book

Brodrick’s Essays on Reform

Dicey was one contributor to this series of essays written in support of the Reform Act of 1867. Included in here are essays by several other members of the Old Mortality Club and provides a broad outline of their liberal vision.

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What to read next.

    1. Dicey at the Harvard Law School, 1898: A study in the Anglo-American legal community

Cosgrove details how Dicey’s invitation to lecture at Harvard came about and argues for their lasting influence on Anglo-American jurisprudence.

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Book Review

C.J. Hamilton Reviews Dicey

Hamilton penned a review of the first edition of the Lectures. In his review, he argues for both the universality of Dicey’s insights, but also discusses the limitations of the Lectures.

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