Lord Mansfield lived from 1705 to 1793. He was something of a renaissance man, being a judge, politician, lawyer and peer during the course of his illustrious career.
He was known as an eloquent advocate and became one of the most talented speakers in the House of Commons.
He became Lord Chief Justice in 1756 and served in that capacity until 1788.
He lived in the Age of Enlightenment. He lived through the American Revolution and the creation and ratification of the U.S. Constitution, which was written in 1787, ratified in 1788, and went into effect on March 4th, 1789.
He was something of a rival to William Pitt, who was known for his support for the American colonies in the run-up to the American Revolution.
Lord Mansfield set England on the path to abolishing slavery. In the case of Somerset v. Stewart, he held that slavery had no basis in common law and, because it had not been established by positive law, it was not binding law.
This decision did not explicitly outlaw slavery in Britain or its colonies, but it served as an inspiration for challenges to slavery both in England and overseas.
Lord Mansfield also advanced the commercial law, lending support to the Industrial Revolution and modernizing laws with respect to commerce, trade, and finance.
In the context of family law, a primary area in which I practice, he is known for the so-called Lord Mansfield’s Rule, which apparently still applies in several jurisdictions.
This rule as formulated in modern jurisdictions creates a presumption of legitimacy (sometimes a conclusive presumption) for a child born during a marriage.
This is not quite the way that Lord Mansfield expressed the principle in the case of Goodright v. Moss (1777). The primary issue in that case was whether or not a child was born before a marriage.
The question was whether the statements of the child’s parents before their deaths could be admitted as evidence that the child was born before the marriage and was thus illegitimate. Lord Mansfield held that the testimony was admissible and granted a new trial.
But the modern formulation is a little different. The rule named for Lord Mansfield basically creates a presumption of legitimacy for a child born during a marriage.
This material should not be construed as legal advice for any particular fact situation but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.