The Oxford Edition of Blackstone's: Commentaries on the Laws of England: Book I: Of the Rights of Persons

by William Blackstone, David Lemmings (Editor), Wilfrid Prest (Editor)

It was the dominant lawbook in England and America in the century after its publication and played a unique role in the development of the fledgling American legal system.

Genres: Law, History, Politics, Nonfiction, Philosophy, Reference, Legal

462 pages, Kindle Edition

First published January 1, 1765

About the author

Sir William Blackstone was an English jurist, judge, and Tory politician. He served as the first Vinerian Professor of Common Law at the University of Oxford from 1758 until 1766. His series of lectures on English law, the first of their kind in any university, have endured since their publication as a definitive reference on the principles of Common Law. The first American edition was produced in 1772; prior to this, over 1,000 copies had already been sold in the Thirteen Colonies, and it was greatly influential among the Framers of the Constitution. Event today, Blackstone's Commentaries are cited in U.S. Supreme Court decisions 10-12 times a year. His plan for a dedicated School of Law, included in the Commentaries upon its rejection by Oxford, provided the foundation of the modern system of American law schools. A 9-foot statue of Blackstone stands on Constitution Avenue in Washington D.C.

Reviews

[Dan · Rating 5 out of 5]

Already somewhat familiar with U.S. law, I read only the introduction and certain chapters of interest in Volume 1. I did not learn a lot, but laypersons with a strong interest in law and its foundations could surely enjoy discovering some basics from this. Of course, Blackstone is concerned with British law about 1750. But the fundamentals have hardly changed, and U.S. law is modeled very closely upon British law.

It is fortunate that Blackstone's Commentaries were available and well known to our founding fathers. Laws, handed down and refined by experience since before even the written word*, may be our most precious inheritance.

* Blackstone pointed out that even Cain, in killing Abel, knew he had committed a crime.

[Amy]

tehehe-I WANT! :D

[Mark Blane · Rating 4 out of 5]

A very insightful read of the first volume by Blackstone that covers his thoughts on:

1. Reading the law v. Apprenticeship of the law: Blackstone clearly leans to reading the law as more superior.
2. The Nature of laws, and the 4 main parts of a law: Declare, Direct, Remedies, & Sanctions
3. Three (3) Systems of Law in England during the 11th Century: Mercian Laws, West Saxon Law, and Danish Law.
4. Objects of Law
5. The Right to Bear Arms
6. Due Process with the Magna Carta
7. The King's Prerogative
8. Slavery
9. Corporations

I am now motivated to read volume 2 of 4 next in order to understand the foundations of our American Legal System. As you may know, Blackstone is cited quite often in legal briefs even to this day, so having reading the complete Blackstone is the cornerstone to any good legal education.

[Joshua Johnson · Rating 5 out of 5]

Brilliant. Needs more explanatory footnotes though, which should include definitions and parenthetical explanations for archaisms.

[dean · Rating 2 out of 5]

this entire book felt like he plagiarised everything

[Steven H · Rating 5 out of 5]

THE FIRST OF A FOUR-VOLUME "CLASSIC" SET OF THE LAW

Sir William Blackstone (1723-1780) was an English jurist, judge and Tory politician; these Commentaries were first published in four volumes (On the Rights of Persons; On the Rights of Things; Of Private Wrongs; Of Public Wrongs) between 1765-1769, and were very influential on the development of the American legal system.

He states, "(the Creator) has graciously reduced the rule of obedience to this one natural precept, 'that man should pursue his own happiness.' This the foundation of what we call ethics, or natural law." (Pg. 41) He asserts, "Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these." (Pg. 42)

He says, "the community should guard the rights of each individual member, and that (in return for this protection) each individual should submit to the laws of the community." (Pg. 48) Later, he adds, "The absolute rights of man, considered as a free agent... are usually summed up in one general appellation, and denominated the natural liberty of mankind. This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature... But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase." (Pg. 121)

He suggests, "The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd or unjust: for though their reason be not obvious at first view, yet we owe such a deference to former times as not to suppose they acted wholly without consideration." (Pg. 70) Also, "The law is in this respect so benignly and liberally construed for the benefit of the subject." (Pg. 134)

He states confidently, "So long as the English constitution lasts, we may venture to affirm, that the power of parliament is absolute and without control." (Pg. 157) He summarizes, "The principal duty of the king is, to govern his people according to law." (Pg. 226)

Blackstone's commentaries will be of great interest to those studying the development of our law.

[David · Rating 5 out of 5]

I must be a total nerd, because I think this book was awesome. It's fascinating to see the root structure of our legal system. Yep, pretty nerdy.

[Bryan · Rating 4 out of 5]

This book provides an excellent background on the history of English law and ultimately U.S. law which is largely based on English Law.