Preface
This essay arose out of an invitation from Roger Scruton to participate in a day-long conference on the state of the nation at the Legatum Institute in 2018. The talk I gave then was a compressed version of the present piece, no doubt far better for being a fraction of the length. It was formally responded to by the former Court of Appeal judge, Sir Konrad Schiemann. Other speakers included Matt Ridley, Katharine Birbalsingh and Jesse Norman, so I was rather out of my depth. I am in general not very interested in the law as an academic subject or as a theme for an essay, but I share Roger’s view that the common law is one of England’s great contributions to the world, not only a legal contribution but a cultural one – to be compared with the Gothic cathedrals of France or the art of the Italian quattrocento. As just one indication of its enduring virtues, especially compared with other types of legal system, it is hard to think of any former British colony that has thought it appropriate on gaining independence to discard the legacy of the common law.