Stephen Martin Leake: a Victorian's view of the Common Law

MacMillan, C. (2011) Stephen Martin Leake: a Victorian's view of the Common Law. Journal of Legal History, 32 (1). pp. 3-29. ISSN 1744-0564 doi: 10.1080/01440365.2011.559118

Abstract/Summary

This article considers the life and work of Stephen Martin Leake and seeks to locate his work within the wider context of the procedural and substantive transformation of the mid-to-late Victorian legal world. In particular, the article attempts to rescue Leake from obscurity and emphasise his importance in this process. It is argued that Leake’s work began the process whereby common lawyers conceived of their law as organised in a principled rather than procedural manner. Later common law jurists built upon this work. Consideration is also given to the philosophical and jurisprudential sources upon which Leake drew in constructing his treatises.