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Pragmatism and Theory in English Law - College of Social Sciences ...

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1. <strong>Pragmatism</strong> <strong>and</strong> <strong>Theory</strong> <strong>in</strong> <strong>English</strong> <strong>Law</strong><br />

Miss Emma Warburton Hamlyn, who founded the Hamlyn<br />

Trust, travelled frequently to the Cont<strong>in</strong>ent, <strong>and</strong>, we are<br />

told, "gathered impressions <strong>of</strong> comparative jurisprudence<br />

<strong>and</strong> ethnology." As a result the Hamlyn lecturer is bid to<br />

impart some knowledge <strong>of</strong> comparative jurisprudence <strong>and</strong><br />

ethnology "to the <strong>in</strong>tent that the Common People <strong>of</strong> the<br />

United K<strong>in</strong>gdom may realise the privileges which <strong>in</strong> law<br />

<strong>and</strong> custom they enjoy <strong>in</strong> comparison with other European<br />

Peoples ..." So the Hamlyn lecturer seems to be under<br />

some sort <strong>of</strong> obligation to be a comparative lawyer, at least<br />

for the duration <strong>of</strong> his lectures. That is not an easy <strong>in</strong>junction<br />

to fulfil for one who has never studied comparative law<br />

<strong>and</strong> has no pretensions to be<strong>in</strong>g a comparative scholar.<br />

However, I shall try to render due loyalty to the spirit, at<br />

least, <strong>of</strong> the terms <strong>of</strong> the Trust by select<strong>in</strong>g for my topic an<br />

aspect, or a dimension <strong>of</strong> <strong>English</strong> law <strong>in</strong> respect <strong>of</strong> which<br />

there may well be important differences between us <strong>and</strong> our<br />

Cont<strong>in</strong>ental colleagues. And I speak deliberately <strong>of</strong> <strong>English</strong><br />

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