ABSTRACT

The nineteenth century falls into three periods, during each of which a different current or stream of opinion was predominant, and in the main governed the development of the law of England. First, The Period of Old Toryism or Legislative Quiescence was the era of Blackstonian optimism reinforced, as the century went on, by Eldonian toryism or reaction; it may be termed the period of legislative quiescence, or stagnation. Second, The Period of Benthamism or Individualism was the era of utilitarian reform. Legislation was governed by the body of opinion, popularly, and on the whole rightly, connected with the name of Bentham. Third, The Period of Collectivism is here meant the school of opinion often termed socialism, which favours the intervention of the State, even at some sacrifice of individual freedom, for the purpose of conferring benefit upon the mass of the people.