Michael Lobban's scientific contributions
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Publications (3)
This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from c...
Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political theory in a way that engages recognisably Hobbe...
HLA Hart revived the philosophical study of law in England. Since his concern was with a particular set of philosophical issues, it is unfair to criticise him (as some do) for not addressing different questions, such as how judges have or should work. The jurist should rather explore the flaws at the centre of Hart's project, and this is what Brian...
Citations
... The sheer size, complexity, widespread ownership and public utility of railway companies continued to pose a problem to legislators and the courts that warranted one-off interventions, and a particularly powerful example was the insolvency of the London, Chatham and Dover Railway in 1866 (Lobban 2013). It resulted in a high-profile arbitration, which was a quintessential example of legislators' need for out-of-court dispute resolution in cases of such novelty and complexity as there was no legal provision for winding up railway companies and separating competing claims on their assets until after the case of the London, Chatham and Dover Railway. ...
