Commentaries on the Laws of England Quotes

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Commentaries on the Laws of England: All Books Commentaries on the Laws of England: All Books by William Blackstone
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“Of all the parts of a law the most effectual is the vindicatory. For it is but lost labor to say, “do this, or avoid that,” unless we also declare, “this shall be the consequence of your non-compliance.” We must therefore observe, that the main strength and force of a law consists in the penalty annexed to it. Herein is to be found the principal obligation of human laws. Legislators and their laws are said to compel and oblige; not that by any natural violence they so constrain a man, as to render it impossible for him to act otherwise than as they direct, which is the strict sense of obligation: but because, by declaring and exhibiting a penalty against offenders, they bring it to pass that no man can easily choose to transgress the law; since, by reason of the impending correction, compliance is in a high degree preferable to disobedience.”
William Blackstone, Commentaries on the Laws of England: All Books
“The English law is less embarrassed with inconsistent resolutions and doubtful questions, than any other known system of the same extent and the same duration. I may instance in the civil law: the text whereof, as collected by Justinian and his agents, is extremely voluminous and diffuse; but the idle comments, obscure glosses, and jarring interpretations grafted thereupon by the learned jurists, are literally without number. And these glosses, which are mere private opinions of scholastic doctors (and not, like our books of reports, judicial determinations of the court) are all of authority sufficient to be vouched and relied on; which must needs breed great distraction and confusion in their tribunals.”
William Blackstone, Commentaries on the Laws of England
“In Magna Carta it is more than once insisted on as the principal bulwark of our liberties; but especially by chap. 29. that no freeman shall be hurt in either his person or property, “nisi per legale judicium parium suorum vel per legem terrae “ ["unless by the lawful judgment of his peers, or by the law of the land"].”
William Blackstone, Commentaries on the Laws of England: All Books