Commentaries On The Laws Of England: In Four Books

by William Blackstone

PREFACE. THE following sheef! contain the JubItance of a course if lectures on the laws of England, which were read by the author in the university if OXFORD. HiJ original plan took it! rise in the yea,. 17 and notwithstanding the novelty of sucb an attempt in th':s age and country, ~nd the prejudices usually conceived against any in~ novations in the eJtablish(d mode of education) he had the satiifaCiion to find (and he aclmorzvledges it with a mixture of pride and gratitude) that hh endeavours 'were encouraged and patroniz~d by those, both in the univerJity and out of it, whou good opinion and eJuem he was principally desirous to obtain. The death of Mr. VINER in 1756, and biJ ample benefaction to the uni'Vtrsity for promoting the study of the lo'w, produced about two years afterwards a ,:egular and public establishment of what the author had privl1tely undertaken. rr'he knowledge of our laws and constitution, was adopted as a liberal science by general

Table of Contents

INTRODUCTION; nr d"l! STUDY, NATURE, and EXTENT; of the LA VS of ENGLAND; ~CT1; On the STUDY '0/ the LAW Page 3; SECT II; Of the NATURE oJ'LAws in general 38; SECT III; Of the LA ,vs of ENGLAND 63; Of the COUNTRIES jttIJJett to the LAWS of; ENGLAND" 93 CONTENTS; BOOK I; Of the RIGHTS if PERSONS; CHAP I; Of the abJolutc RIGHTS of JNDIVIDUALS Page 121; Of the P A~L1AMENT; CHAP III; O/the KING, and his TITLE 100; CHAP IV; OJ the KING'S royal FAMILY 219; CHAP V; O/the COUNCILS helonging to the KING 227; CHAP~ VI; Of the KING'S DUTIES 233; CHAP VII; Oftbe KINO'; PREROGATIVI! 237 CONTENTS; xv; CHAP VIII; Oftbe KING'S REVENUE Page 281; CHAP IX; Of fubordinale MAGISTRATES 338; CHAP X; Of the PEOPLE, whether ALIENS, DENIZENS,; or NATIVES 366; CHAP XI; Of the CLERGY; CHAP XII; Of the CIVIL STATE; CHAP XIII; O/the MILITARY and MARITIME STATES 408; CH'AP XIV; Of MASTER and SERVANT 422; CHAP XV; Of HUSBAND and WIFE 433 CONTENTS); CHAP, XV!·,; Of PA

Genres: Law, Politics, History, Philosophy, Nonfiction, British Literature, 18th Century

686 pages, Paperback

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

[Blunt Of Mercia · Rating 5 out of 5]

Aside from its immense and even contemporary influence on the constitutions of England and the United States, this book represents an ideal in pedagogy. A labyrinthine subject is very carefully unravelled and put neatly into four almost identically sized volumes, the first two being of Rights, the latter of Wrongs. The first book is, of all of them the one worth the closest reading, as it expresses very eloquently the political philosophy of 18th century constitutionalism, yet in more definite terms than one can find in Burke or in Locke. Its influence upon subsequent English and American literature will be constantly felt by anyone who reads it. Even the legalistic prose used to mock lawyers in victorian novels seems to be modelled on Blackstone's very distinctive and precise use of prepositions.

Examples of literary influence I can think of:
Throughout Moby Dick, but especially in Chapter 90, Melville plays about with the laws regarding Royal Fish (Whales & Sturgeons). It is quite obvious that Blackstone is his source. Flotsam and Jetsam laws are also alluded to in the novel.

Dickens's lawyer characters seem influenced by Blackstone, especially his prose. In his Tale of Two Cities, he also alludes to the very large number of capital punishments in the 18th century, as described in Blackstone's Book IV. (For such things too as draining fishponds!)

The book on Property law (Rights of Things, Book II) contains many excellent things pertaining to Feudalism, and additionally, for those who dabble in family or local history, makes clearer some of the terms found in wills & deeds of the time.

[Phillip · Rating 5 out of 5]

Blackstone’s Commentaries on the Laws of England (1765–1769) were the first attempt, since Henri de Bracton in the 13th century, to describe the doctrines of English law in a comprehensive and systematic manner. Highly Recommended!

[Chris · Rating 5 out of 5]

The book reproduces the images of the original text, which is a little difficult to read at first, but eventually you get the hang of it.

[Michael K. · Rating 5 out of 5]

A hard and arduously long read, but is, in fact, the basis of our laws. Worthy read to understand or law presently!

[Parker Samelson · Rating 5 out of 5]

Fascinating book and extremely historically significant.