The Commentaries On The Laws Of England In Four Books V4

by William Blackstone

""The Commentaries on the Laws of England in Four Books V4"" is a legal treatise written by William Blackstone, an English jurist, in the 18th century. The book is a comprehensive study of the English legal system, and it is divided into four volumes. The first volume deals with the rights of individuals, including property rights, personal rights, and the law of contracts. The second volume covers the law of property, including the rights and duties of landlords and tenants, the law of succession, and the law of trusts. The third volume deals with the law of private wrongs, including torts, crimes, and the law of evidence. The fourth volume covers the law of public wrongs, including constitutional law, administrative law, and the law of nations. The book is written in a clear and concise style, making it accessible to both legal professionals and laypeople. It has been widely praised for its clarity and its influence on the development of the common law tradition in England and other common law jurisdictions.Together With A Copious Analysis Of The Contents.This scarce antiquarian book is a facsimile reprint of the old original and may contain some imperfections such as library marks and notations. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions, that are true to their original work.

Genres: Law, Politics, History, Classics, Reference

512 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

[Steven H · Rating 5 out of 5]

A FOUR-VOLUME "CLASSIC" SET ON 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 begins by stating, "the fourth and last branch of these commentaries ... treats of public wrongs, or crimes and misdemeanors... with the means of their prevention and punishment." (Pg. 1)

He asserts that in England, "our crown-law is with justice supposed to be more nearly advanced to perfection; where crimes are more accurately defined, and penalties less uncertain and arbitrary; where all our accusations are public, and our trials in the face of the world; where torture is unknown, and every delinquent is judged by such of his equals..." (Pg. 3) He adds, "In all cases crime includes an injury: every public offense is also a private wrong, and somewhat more; it affects the individual, and it likewise affects the community." (Pg. 5)

He states, "As to the END, or final cause of human punishments. This is not by way of atonement or expiation for the crime committed; for that must be left to the just determination of the supreme being." (Pg. 11) He adds, "to make a complete crime... there must be both a will and an act. For though... a fixed design or will to do an unlawful act is almost as heinous as the commission of it, yet, as no temporal tribunal can search the heart, or fathom the intentions of the mind... it therefore cannot punish for what it cannot know." (Pg. 21)

He devotes space to church/state issues: "it seems necessary for the support of the national religion, that the officers of the church should have power to censure heretics, but not to exterminate or destroy them." (Pg. 49) He argues that blasphemy should be "punishable at common law by fine and imprisonment, or other infamous corporal punishment; for Christianity is part of the laws of England." (Pg. 59) He also adds, "in general there has been such a thing as witchcraft; though one cannot give credit to any particular modern instance of it." (Pg. 60)

He contends, "As therefore there can be nothing more equivocal and ambiguous than words, it would indeed be unreasonable to make them amount to high treason." (Pg. 80) He concludes, "This is indeed one of the great advantages of monarchy in general, above any other form of government; that there is a magistrate, who has it in his power to extend mercy, wherever he thinks it is deserved." (Pg. 390)

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

[sologdin · Rating 2 out of 5]

should be read in concert with coke's institutes and hale's historia.