Sir William Blackstone (10 July 1723 – 14 February 1780) was an English
jurist,
judge and
Tory
A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
politician of the eighteenth century. He is most noted for writing the ''
Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at
Charterhouse School before matriculating at
Pembroke College, Oxford, in 1738. After switching to and completing a
Bachelor of Civil Law
Bachelor of Civil Law (abbreviated BCL, or B.C.L.; la, Baccalaureus Civilis Legis) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cam ...
degree, he was made a
fellow
A fellow is a concept whose exact meaning depends on context.
In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements.
Within the context of higher education ...
of
All Souls College, Oxford, on 2 November 1743, admitted to
Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn ...
, and
called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barrister and instead embarked on a series of lectures on English law, the first of their kind. These were massively successful, earning him a total of £453 (£ in terms), and led to the publication of ''
An Analysis of the Laws of England
''An Analysis of the Laws of England'' is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756. A Fellow of All Souls College, Oxford, and a lecturer there, on 3 July 1753 Blackston ...
'' in 1756, which repeatedly sold out and was used to preface his later works.
On 20 October 1759 Blackstone was confirmed as the first
Vinerian Professor of English Law
The Vinerian Professorship of English Law, formerly Vinerian Professorship of Common Law, was established by Charles Viner who by his will, dated 29 December 1755, left about £12,000 to the Chancellor, Masters and Scholars of the University of O ...
, immediately embarking on another series of lectures and publishing a similarly successful second treatise, titled ''
A Discourse on the Study of the Law
''A Discourse on the Study of the Law'' is a treatise by Sir William Blackstone first published in 1758. On 20 October 1758 Blackstone had been confirmed as the first Vinerian Professor of English Law, and immediately gave a lecture on 24 Octobe ...
''. With his growing fame, he successfully returned to the bar and maintained a good practice, also securing election as
Tory
A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
for the
rotten borough
A rotten or pocket borough, also known as a nomination borough or proprietorial borough, was a parliamentary borough or constituency in England, Great Britain, or the United Kingdom before the Reform Act 1832, which had a very small electorate ...
of
Hindon on 30 March 1761. In November 1765 he published the first of four volumes of ''Commentaries on the Laws of England'', considered his ''magnum opus''; the completed work earned Blackstone £14,000 (£ in terms). After repeated failures, he successfully gained appointment to the judiciary as a Justice of the
Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
on 16 February 1770, leaving to replace
Edward Clive as a
Justice of the Common Pleas
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas ...
on 25 June. He remained in this position until his death, on 14 February 1780.
Blackstone's four-volume ''Commentaries'' were designed to provide a complete overview of English law and were repeatedly republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen, first published in 1841, was reprinted until after the
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
. Legal education in England had stalled; Blackstone's work gave the law "at least a veneer of scholarly respectability".
[ ]William Searle Holdsworth
Sir William Searle Holdsworth (7 May 1871 – 2 January 1944) was an English legal historian and Vinerian Professor of English Law at Oxford University, amongst whose works is the 17-volume ''History of English Law''.
Biography
Holdsworth w ...
, one of Blackstone's successors as Vinerian Professor, argued that "If the Commentaries had not been written when they were written, I think it very doubtful that the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, and other English speaking countries would have so universally adopted the common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
."[ In the United States, the ''Commentaries'' influenced Alexander Hamilton, John Marshall, ]James Wilson James Wilson may refer to:
Politicians and government officials
Canada
*James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada
* James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
, John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
, John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
, James Kent and Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
, and remain frequently cited in Supreme Court decisions.
Early life and education
William's father, Charles Blackstone, was a silk mercer from Cheapside
Cheapside is a street in the City of London, the historic and modern financial centre of London, which forms part of the A40 London to Fishguard road. It links St. Martin's Le Grand with Poultry. Near its eastern end at Bank junction, where ...
, the son of a wealthy apothecary
''Apothecary'' () is a mostly archaic term for a medical professional who formulates and dispenses '' materia medica'' (medicine) to physicians, surgeons, and patients. The modern chemist (British English) or pharmacist (British and North Amer ...
. He became firm friends with Thomas Bigg, a surgeon and the son of Lovelace Bigg, a gentleman from Wiltshire
Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...
. After Bigg's sister Mary came to London, Charles eventually persuaded her to marry him in 1718. This was not seen as a good match for her, but the couple lived happily and had four sons, three of whom lived into adulthood. Charles (born August 1719) and Henry (May 1722), both became fellows of New College, Oxford and took holy orders. Their last son, William, was born on 10 July 1723, five months after Charles' death in February.
Although Charles and Mary Blackstone were members of the middle class
The middle class refers to a class of people in the middle of a social hierarchy, often defined by occupation, income, education, or social status. The term has historically been associated with modernity, capitalism and political debate. Com ...
rather than landed gentry, they were particularly prosperous. Tax records show Charles Blackstone to have been the second most prosperous man in the parish in 1722, and death registers show that the family had several servants. This, along with Thomas Bigg's assistance to the family following Charles' death, helps explain the educational upbringing of the children. William Blackstone was sent to Charterhouse School in 1730, nominated by Charles Wither, a relative of Mary Blackstone. William did well there, and became head of the school by age 15. However, after Charles' death the family fortunes declined, and after Mary died (5 January 1736) the family's resources largely went to meet unpaid bills. William was able to remain at Charterhouse as a "poor scholar", having been named to that position in June 1735 after being nominated by Sir Robert Walpole
Robert Walpole, 1st Earl of Orford, (26 August 1676 – 18 March 1745; known between 1725 and 1742 as Sir Robert Walpole) was a British statesman and Whig politician who, as First Lord of the Treasury, Chancellor of the Exchequer, and Leade ...
.
Blackstone revelled in Charterhouse's academic curriculum, particularly the Latin poetry of Ovid and Virgil. He began to attract note as a poet at school, writing a 30-line set of rhyming couplets to celebrate the wedding of James Hotchkis, the headmaster. He also won a silver medal for his Latin verses on John Milton, gave the annual Latin oration in 1738, and was noted as having been the favourite student of his masters. On 1 October 1738, taking advantage of a new scholarship available to Charterhouse students, Blackstone matriculated at Pembroke College, Oxford.[Odgers (1918) p. 600]
Oxford
Study
There are few surviving records of Blackstone's undergraduate term at Oxford, but the curriculum of Pembroke College had been set out in 1624, and Prest notes that it was probably still followed in 1738, so Blackstone would have studied Greek
Greek may refer to:
Greece
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group.
*Greek language, a branch of the Indo-European language family.
**Proto-Greek language, the assumed last common ancestor ...
, science, logic, rhetoric, philosophy, mathematics, geography and poetry. Blackstone was particularly good at Greek, mathematics and poetry, with his notes on William Shakespeare
William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
being included in George Steevens
George Steevens (10 May 1736 – 22 January 1800) was an English Shakespearean commentator.
Biography Early life
He was born at Poplar, the son of a captain and later director of the East India Company. He was educated at Eton College and at ...
' 1781 edition of Shakespeare's plays.[ Many of Blackstone's undergraduate texts survive, and they include few legal texts, instead being wide-ranging; politics, current affairs, poetry, geometry and controversial theological texts. The last element is understandable, given his family's theological interests, but the more surprising element is the sheer number of texts he owned given his relative poverty as a student.
On 9 July 1740, after only a year and a half as a Bachelor of Arts student, Blackstone was admitted to study for a ]Bachelor of Civil Law
Bachelor of Civil Law (abbreviated BCL, or B.C.L.; la, Baccalaureus Civilis Legis) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cam ...
degree, civil law being the only legal area recognised by his university. This degree course was seven years long, the first two "supposedly devoted to a broad course of reading in humane studies", which allowed him to study his own interests. On 20 November 1741 he was admitted to the Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn ...
, the first step on the road to becoming a barrister, but this imposed no obligations and simply allowed a legal career to be an option. At the time there was no proper legal education system, and Blackstone read (in his own time) '' Coke on Littleton'', the works of Henry Finch, and related legal tracts.
In addition to his formal studies, Blackstone published a collection of poetry which included the draft version of ''The Lawyer to his Muse'', his most famous literary work. In 1743 he published ''Elements of Architecture'' and ''An Abridgement of Architecture'', two treatises on the rules governing the art of construction. His next work (1747) was ''The Pantheon: A Vision'', an anonymously published book of poetry covering the various religions in the world. It depicts a narrator's walking dream through the buildings of various religions, which are all (other than Christianity) depicted in a negative light. This followed his election as a Fellow
A fellow is a concept whose exact meaning depends on context.
In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements.
Within the context of higher education ...
of All Souls College, Oxford on 2 November 1743, and his call to the Bar by the Middle Temple on 28 November 1746.
His call to the Bar saw Blackstone begin to alternate between Oxford and London, occupying chambers in Pump Court but living at All Souls College
All Souls College (official name: College of the Souls of All the Faithful Departed) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full members of t ...
. As the central courts only sat for three months of the year, the rest of his time was spent on Assize
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
when his work at All Souls permitted. He regularly acted as a law reporter; his personal notes on cases start with ''Hankey v Trotman'' (1746). Blackstone's barrister practice began slowly; his first case in the Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
was in 1748, and he had only 6 additional motions there through 1751. Two appearances in the Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
are also noted, and he is known to have been consulted in Roger Newdigate's long-running lawsuit there, but his early court appearances are infrequent. This is considered to have been due to bad luck, with his call to the Bar occurring at the same time as the massive contraction in business by the central courts, along with his singular lack of connections due to his status as an orphan from the middle class; he was described as "unrecognised and unemployed". He filled his time by acting as counsel for Oxford, and from May 1749 with his election as Recorder of Wallingford.
University administration
While dividing his time, Blackstone became an administrator at All Souls, securing appointment as accountant, treasurer and bursar
A bursar (derived from " bursa", Latin for '' purse'') is a professional administrator in a school or university often with a predominantly financial role. In the United States, bursars usually hold office only at the level of higher education ( ...
on 28 November 1746. Completion of the Codrington Library and Warton Building, first started in 1710 and 1720 respectively but not built until 1748, is attributed to his work. In 1749 he became Steward of the Manors, and in 1750 was made Senior Bursar. Records show a "perfectionist zeal" in organising the estates and finances of All Souls, and Blackstone was noted for massively simplifying the complex accounting system used by the college. In 1750 Blackstone completed his first legal tract, ''An Essay on Collateral Consanguinity'', which dealt with those claiming a familial tie to the founder or All Souls in an attempt to gain preeminence in elections. Completion of his Doctor of Civil Law
Doctor of Civil Law (DCL; la, Legis Civilis Doctor or Juris Civilis Doctor) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees.
At Oxford, the degree is a higher ...
degree, which he was awarded in April 1750, admitted him to Convocation, the governing body of Oxford, which elected the two burgesses who represented it in the House of Commons, along with most of the university officers. With this and with his continuing work at the university, Blackstone announced on 3 July 1753 his intentions to "no longer attend the Courts at Westminster, but to pursue my Profession in a Way more agreeable to me in all respects, by residing at Oxford ndto engraft upon this Resolution a Scheme which I am told may be beneficial to the University as well as myself", which was to give a set of lectures on the common law – the first lectures of that sort in the world.
This was not entirely out of benevolence; according to Prest, Blackstone was likely aware that an Oxford alumnus, Charles Viner
Charles William Viner A.M., Ph.D., (1812Birch, Brian. ''Biographies of Philatelists and Dealers''. 9th edition. Standish, Wigan: 2008, p.1468. – 14 March 1906) was a British philatelist who was a founding member of the ''Philatelic Society, ...
, was planning to endow a professorship of English law. The Regius Professorship of Civil Law had also become vacant in 1753; despite support from Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
, Blackstone had been rejected in favour of Robert Jenner, widely considered Blackstone's lesser intellectually but a far greater political mind. In addition, a private lecture series would be extremely lucrative. While his All Souls fellowship gave him £70 a year, records show that the lecture series brought him £116, £226 and £111 a year respectively from 1753 to 1755 – a total of £453 (£ in terms). A prospectus was issued on 23 June 1753, and with a class of approximately 20 students, the first set of lectures were completed by July 1754. Despite Blackstone's limited oratory skills and a speaking style described by Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
as "formal, precise and affected", Blackstone's lectures were warmly appreciated. The second and third series were far more popular, partly due to the then unusual use of printed handouts and lists of suggested reading. No copies of these handouts exist, but Alexander Popham
Alexander Popham (1605 – 1669) of Littlecote, Wiltshire, was an English politician who sat in the House of Commons at various times between 1640 and 1669. He was patron of the philosopher John Locke.
Early life
Popham was born at Little ...
, later a close friend of Blackstone, attended the lectures and made notes, which survive. These show Blackstone's attempts to reduce English law to a logical system, with the division of subjects later being the basis for his ''Commentaries''.
Following his lecture series, Blackstone became more prominent in convocation and other university activities. Oxford and Cambridge at the time had a strange system of law; due to their unique natures, they had exclusive jurisdiction over both academics and students in a fashion which followed either the common law or their own customs, based on the civil law. With his appointment as assessor (or chief legal officer) of the Chancellor's Court, Blackstone became far more involved in the university's peculiar legal system, and records show him sitting between eight and ten times a year from 1753 to 1759, mainly dealing with small claims of debt. He also wrote a manual on the Court's practice, and through his position gained a large number of contacts and connections, as well as visibility, which aided his legal career significantly. This period also saw Blackstone write his last known piece of poetry, ''Friendship: An Ode'', in 1756.
In 1756 Blackstone published the first of his full legal texts, the 200 page ''An Analysis of the Laws of England
''An Analysis of the Laws of England'' is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756. A Fellow of All Souls College, Oxford, and a lecturer there, on 3 July 1753 Blackston ...
''. Published by the Clarendon Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...
, the treatise was intended to demonstrate the "Order, and principal Divisions" of his lecture series, and a structured introduction to English law. Prest calls this "a marked advance on any previous introduction to English law ... including constitutional, civil and criminal law, public and private law, substantive law and procedure, as well as some introductory jurisprudential content".[Prest (2008) p. 143] The initial print run of 1,000 copies almost immediately sold out, leading to the printing of three more 1,000-book lots over the next three years, which all sold out. A fifth edition was published in 1762,[Prest (2008) p. 144] and a sixth, edited to take into account Blackstone's '' Commentaries on the Laws of England'', in 1771. Because of the success of the ''Commentaries'', Prest remarks that "relatively little scholarly attention has been paid to this work";[ at the time, however, it was hailed as "an elegant performance ... calculated to facilitate this branch of knowledge".][
]
Vinerian Professor of English Law
On 8 March 1758, the group executing Charles Viner's will reported to Convocation that Viner recommended creating a Chair of English Law, with a £200 salary. After much debate, this position was created, and on 20 October 1758 Blackstone was confirmed as the first Vinerian Professor of English Law
The Vinerian Professorship of English Law, formerly Vinerian Professorship of Common Law, was established by Charles Viner who by his will, dated 29 December 1755, left about £12,000 to the Chancellor, Masters and Scholars of the University of O ...
. On 24 October he gave his first lecture, to "a crowded audience"; the text was soon printed and published as ''A Discourse on the Study of the Law
''A Discourse on the Study of the Law'' is a treatise by Sir William Blackstone first published in 1758. On 20 October 1758 Blackstone had been confirmed as the first Vinerian Professor of English Law, and immediately gave a lecture on 24 Octobe ...
''. The lecture was tremendously popular, being described as a "sensible, spirited and manly exhortation to the study of the law"; the initial print run sold out, necessitating the publication of another 1,000 copies, and it was used to preface later versions of the ''Analysis'' and the first volume of the ''Commentaries''. Within the university, however, Blackstone was not as popular. As soon as the lecture series opened, an anonymously written open letter was published charging that Blackstone had "violated the Statutes of the University, by arbitrarily changing the Day appointed for reading his solemn Lectures". Blackstone suffered a nervous breakdown
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...
soon after the first lecture, and on 24 November he launched a suit in the Chancellor's Court against "William Jackson of the City of Oxford Printer" for £500 damages, justified by Jackson "printing and publishing a scandalous Libell notoriously reflecting on the Character of him the said William Blackstone". Jackson had refused to reveal who ordered the anonymous pamphlet, leading to the suit, but it evidently did not proceed further.
This suit, along with the struggle over the Vinerian Professorship and other controversies, damaged his reputation within the university, as evidenced by his failure to win election as Vice Warden in April 1759, losing to John White. Prest attributes Blackstone's unpopularity to specific personality traits, saying his "determination...in pursuit of causes to which he committed himself could irritate as well as intimidate those of a more relaxed disposition. While quick to take offence at perceived slights on his own character and motives, he could also show surprising indifference to the effect his words and actions might have on others". This marked the beginning of his break with Oxford, which coincided with his growing influence outside the university. In 1759 Lord Bute
John Stuart, 3rd Earl of Bute, (; 25 May 1713 – 10 March 1792), styled Lord Mount Stuart between 1713 and 1723, was a British nobleman who served as the 7th Prime Minister of Great Britain from 1762 to 1763 under George III. He was arguabl ...
, Prince George's official tutor, requested copies of Blackstone's lectures, which he forwarded. Later that year Blackstone was paid £200 by the Prince, who became an "appreciative, loyal, and soon to be incomparably influential patron". This patronage, and Blackstone's purchase of a set of chambers in the Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
, also transferring to that Inn, were significant steps in his departure from Oxford. In 1759 Blackstone published another two works, ''The Great Charter and the Charter of the Forest, with other authentic Instruments'', described as a "major piece of pioneering scholarship" leading to Blackstone's election to the Society of Antiquaries in February 1761, and ''A Treatise on the Law of Descents in Fee Simple'', which was later used, almost verbatim, as chapters 14 and 15 of the ''Commentaries''.
London
Work at the Bar
With sponsorship from the Prince of Wales and his success with the ''Analysis'', Blackstone began work as a barrister, although he kept up his lecture series at Oxford. By 1760 he had become "a very eminent figure indeed in the world of letters", and his legal practice grew as a result. Although not considered a great barrister of the period, he maintained a steady flow of cases, primarily in the King's Bench and Exchequer of Pleas. On the death of the third Earl of Abingdon
Earl of Abingdon is a title in the Peerage of England. It was created on 30 November 1682 for James Bertie, 5th Baron Norreys of Rycote. He was the eldest son of Montagu Bertie, 2nd Earl of Lindsey by his second marriage to Bridget, 4th Barones ...
, Blackstone was retained as counsel for the executors and trustees to oversee the family's attempts to pay off debts and meet other obligations. On 5 May 1761 he married Sarah Clitherow, a member of a family of lesser gentry from Middlesex
Middlesex (; abbreviation: Middx) is a historic county in southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the ceremonial county of Greater London, with small sections in neighbour ...
. Their first child, William Bertie Blackstone, born 21 August 1762, did not survive to adulthood. Seven more children were born: Henry, James, Sarah, Mary, Philippa, William, Charles, and George, who also died in childhood. The Blackstones had a large estate in Wallingford in Berkshire, including 120 acres (46 ha) of pasture
Pasture (from the Latin ''pastus'', past participle of ''pascere'', "to feed") is land used for grazing. Pasture lands in the narrow sense are enclosed tracts of farmland, grazed by domesticated livestock, such as horses, cattle, sheep, or sw ...
land around the River Thames
The River Thames ( ), known alternatively in parts as the River Isis, is a river that flows through southern England including London. At , it is the longest river entirely in England and the second-longest in the United Kingdom, after the R ...
and the right of advowson
Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living ...
over St Peter's Church.
In February 1761 Blackstone was considered as a potential Tory
A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
candidate for the rotten borough
A rotten or pocket borough, also known as a nomination borough or proprietorial borough, was a parliamentary borough or constituency in England, Great Britain, or the United Kingdom before the Reform Act 1832, which had a very small electorate ...
of Hindon in Wiltshire. After consultation with friends, he agreed to this prospect – at the same time refusing the offer of appointment as Lord Chief Justice of Ireland
The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge ...
. On 30 March 1761 he was returned for Hindon, and took his seat. This did not limit his legal work, initially, with the seat being given without a requirement to attend or vote in a particular way, and the grant of a patent of precedence A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him.
Historical use in the English legal profession
The principal instance in r ...
at the same time actually increased the demand on his time. Court records show him pleading before Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
in the Court of King's Bench soon after his election, and acting as counsel in ''Tonson v Collins'', a copyright case, ''Thiquet v Bath'', an important case on international law, and ''R v d'Eon D'Eon is a surname.
People with the surname include:
* d'Eon (musician), Canadian electronic musician
* Chevalier d'Éon (1728–1810), French diplomat and spy
* Dwight d'Eon (born 1978), Canadian musician
See also
* Deon
* Dion (disambiguation ...
'', acting for the prosecution in a feud over Louis XV
Louis XV (15 February 1710 – 10 May 1774), known as Louis the Beloved (french: le Bien-Aimé), was King of France from 1 September 1715 until his death in 1774. He succeeded his great-grandfather Louis XIV at the age of five. Until he reached ...
's newly appointed cross-dressing Ambassador to the United Kingdom.
With this increase in his practice, Blackstone also saw an increase in his out-of-court work, writing opinions and recommendations for various Oxford colleges, the MP Jonathan Rashleigh and the fourth Earl of Abingdon
Earl of Abingdon is a title in the Peerage of England. It was created on 30 November 1682 for James Bertie, 5th Baron Norreys of Rycote. He was the eldest son of Montagu Bertie, 2nd Earl of Lindsey by his second marriage to Bridget, 4th Barones ...
, who paid him to draft several private Acts of Parliament. In December 1761, he asked Lord Shelburne
William Petty Fitzmaurice, 1st Marquess of Lansdowne, (2 May 17377 May 1805; known as the Earl of Shelburne between 1761 and 1784, by which title he is generally known to history), was an Irish-born British Whig statesman who was the first ...
, a patron, for his assistance in gaining appointment as Chief Justice of Chester, writing again in July 1762 to "prevail upon Lord Bute to recommend me to his Majesty's Notice", anticipating an upcoming vacancy in the Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
. Parliamentary service was considered a "desirable if never absolutely essential qualification for would-be English judges", something that did not necessarily bode well for Blackstone. Naturally inarticulate and reticent, he was an infrequent and "indifferent" speaker during his first session of Parliament, speaking only 14 times in seven years. His chosen career did lend him to politics, in that the lawyers in the House of Commons were often added to select committees to provide them with technical expertise in drafting legislation. He again applied for a judicial post in December 1762, after an opening in the Exchequer of Pleas came up, but lost to George Perrott, a leading Exchequer barrister. The next five vacancies also failed to go to Blackstone, after the appointment of Lord Camden
Marquess Camden is a title in the Peerage of the United Kingdom. It was created in 1812 for the politician John Pratt, 2nd Earl Camden. The Pratt family descends from Sir John Pratt, Lord Chief Justice from 1718 to 1725. His third son from hi ...
(a Whig) as Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
.
Commentaries on the Laws of England
In 1765 Blackstone announced his resignation from the Vinerian Chair, effective after his 1766 lectures. These were divided into two 14-lecture series, on "private wrongs" and "public wrongs" delivered between 12 February and 24 April. At this point Blackstone had published nothing new since ''A Treatise on the Law of Descents in Fee Simple'' in 1759. The decision to resign was most likely due to the increasing demands of his legal practice and the reduced profit from the lectures, which, after peaking at £340 in 1762, dropped to £239 a year later and to £203 for the final round of lectures in 1765–6. In response, Blackstone decided to publish a new book – '' Commentaries on the Laws of England''. The first volume was published in November 1765, bringing the author £1,600 – the full work would eventually bring in over £14,000. Owen Ruffhead Owen Ruffhead (1723 – 25 October 1769) was a miscellaneous writer, and the descendant of a Welsh family who were bakers to King George I of Great Britain.
Legal consultant and writer
The junior Owen Ruffhead was born in Piccadilly. When still a c ...
described Volume I as "masterly", noting that "Mr Blackstone is perhaps the first who has treated the body of the law in a liberal, elegant and constitutional manner. A vein of good sense and moderation runs through every page". Every copy was sold within six months, and the second and third volumes, published in October 1766 and June 1768, received a similar reception. The fourth and final volume appeared in 1769, dealing with Criminal Law. With the financial success of the ''Commentaries'', Blackstone moved in 1768 from his London property in Carey Fields to No. 55 Lincoln's Inn Fields. Neighbours included the Sardinia
Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label=Algherese and Catalan) is the second-largest island in the Mediterranean Sea, after ...
n ambassador, Sir Walter Rawlinson, Lord Northington, John Morton and the Third Earl of Abingdon, making it an appropriate house for a "great and able Lawyer".
Blackstone's treatise was republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen
Henry John Stephen (1787–1864) was an English legal writer and serjeant-at-law.
Life
Born on St Kitts in the West Indies on 18 January 1787, he was the second son of James Stephen (1758–1832); James Stephen (1789–1859) and George Stephen ...
, first published in 1841, was reprinted until after the Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
. The first American edition was produced in 1772; prior to this, over 1,000 copies had already been sold in the Thirteen Colonies.
Judge
Even after the publication of the ''Commentaries'', Blackstone's chances of judicial appointment remained slim. While he was old enough, experienced enough and widely respected, the presence of Lord Camden as Lord Chancellor and Blackstone's lack of aristocratic patrons at the time hindered his chances. In January 1770, however, Lord Grafton's government began to fall, with Camden resigning on 17 January and Solicitor-General John Dunning, following him. George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
appointed Lord North
Frederick North, 2nd Earl of Guilford (13 April 17325 August 1792), better known by his courtesy title Lord North, which he used from 1752 to 1790, was 12th Prime Minister of Great Britain from 1770 to 1782. He led Great Britain through most o ...
as Prime Minister, and North picked Charles Yorke
Charles Yorke PC (30 December 172220 January 1770) was briefly Lord High Chancellor of Great Britain. His father was also Lord Chancellor, and he began his career as a Member of Parliament. He served successively as Solicitor-General and Att ...
as Lord Chancellor. Yorke's death on 20 January, after holding the position for less than three days, left several important legal positions within the government open. As such, Blackstone, now MP for Westbury, was apparently approached to become Solicitor-General; he refused, not wanting to deal with the complicated duties attached to the position.[Prest (2008) p. 255]
On 9 February 1770 – apparently with the intervention of the King, and possibly Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
– Blackstone became a Justice of the Common Pleas
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas ...
, succeeding Edward Clive, and was made a Serjeant-at-Law
A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
on 12 February. After only four days it was announced that Joseph Yates was to move to the Common Pleas, and Blackstone was again sworn in as a judge, this time of the Court of King's Bench.[ This was apparently due to Yates' poor health; Lord Mansfield ran a busy court as ]Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, and it was felt that his transfer to the Common Pleas was for the best. Others commented that it was instead due to political and judicial disagreement, with Yates unwilling to stomach the changes which Mansfield made to English law. Blackstone sat regularly as a judge, despite bouts of ill health, and also served on various circuit courts. Prest describes him as an "exceptionally careful, conscientious and well-respected judge ... his judgments ranging between narrowly framed technicalities ndbroad statements of public commentary". He was, however, considered a poor trial judge, being reversed on appeal more frequently than any of his peers.
Blackstone returned to the Common Pleas on 25 June 1770, having spent less than six months in the King's Bench; Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
asserted that this was due to Mansfield's having Blackstone removed similarly to his removal of Yates. Bentham asserted that in the King's Bench, Blackstone was "always in hot water", and that there was "heartburning" between the two; Bentham's account is considered dubious because historically, Mansfield and Blackstone had an excellent relationship, with the third volume of the ''Commentaries'' describing Mansfield as "a judge, whose masterly acquaintance with the law of nations was known and revered by every state in Europe". There is only one recorded King's Bench case, ''R v Proprietors of Birmingham Canal Navigation'', in which Blackstone and Mansfield disagreed.
In the Common Pleas, Blackstone operated under a civil jurisdiction rather than a mixed civil and criminal one. This played to his strengths, and many of his decisions are considered farsighted; the principle in ''Blaney v Hendricks'', for example, that interest is due on an account where money was lent, which anticipated Section 3 of the Law Reform (Miscellaneous Provisions) Act 1934
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. Blackstone's decision in ''Goldswain's Case'' was later repeated by Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 wh ...
in ''Falmouth Boat Construction Co v Howell'' in 1950.
Criticism
English jurist Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
was a critic of Blackstone's theories. Others saw Blackstone's theories as inaccurate statements of English law, using the Constitutions of Clarendon
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Chu ...
, the Tractatus of Glanville and the 1689 Bill of Rights
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Ro ...
as particularly obvious examples of laws Blackstone omitted.
Death
Blackstone had long suffered from gout
Gout ( ) is a form of inflammatory arthritis characterized by recurrent attacks of a red, tender, hot and swollen joint, caused by deposition of monosodium urate monohydrate crystals. Pain typically comes on rapidly, reaching maximal intens ...
, and by November 1779 also had a nervous disorder which caused dizziness
Dizziness is an imprecise term that can refer to a sense of disorientation in space, vertigo, or lightheadedness. It can also refer to disequilibrium or a non-specific feeling, such as giddiness or foolishness.
Dizziness is a common medical c ...
, high blood pressure, and possibly diabetes
Diabetes, also known as diabetes mellitus, is a group of metabolic disorders characterized by a high blood sugar level ( hyperglycemia) over a prolonged period of time. Symptoms often include frequent urination, increased thirst and increased ...
. By 3 February 1780 he was too weak to write, and after "some Days almost totally insensible", he died on 14 February at age 56. After a service conducted by Bishop Barrington on 22 February, Blackstone was buried in the family vault under St Peter's Church, Wallingford. His estate at his death was worth less than £15,000; therefore William Eden secured a £400 annual royal pension for Sarah Blackstone. The initial reaction to Blackstone's death was subdued, but in December 1780 the Fellows of All Souls College
All Souls College (official name: College of the Souls of All the Faithful Departed) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full members of t ...
agreed that "a Statue be erected to the memory of Sr W Blackstone deceased". Constructed by John Bacon, the life-sized statue of Blackstone in his judicial robes cost £539, and has rested in the Codrington Library (now the All Souls College Library) since 1872. His brother-in-law, James Clitherow, also published in 1781 two volumes of his law reports which added £1,287 to the estate, and in 1782 the ''Biographical History of Sir William Blackstone'' appeared.
Legacy
Blackstone's primary legacy is his written work, specifically the ''Commentaries on the Laws of England''. Demand for reprinted, abridged and translated versions was "almost inexhaustible" in the 18th and 19th centuries, although the ''Commentaries emphasis on the sovereignty of Parliament
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
drew ire. Alexis de Tocqueville
Alexis Charles Henri Clérel, comte de Tocqueville (; 29 July 180516 April 1859), colloquially known as Tocqueville (), was a French aristocrat, diplomat, political scientist, political philosopher and historian. He is best known for his wor ...
described Blackstone as "an inferior writer, without liberality of mind or depth of judgment". Other commentators differ; one described him as "the core element in the British Enlightenment", comparing him to Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the princi ...
, Beccaria and Voltaire
François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his ''nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—es ...
. Academics have said that the ''Commentaries'' were crucial in changing English Law from a system based on actions to a system of substantive law. At the time of publication, the common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
of England was still, in some ways, in its infancy, with people uncertain as to what the law was. The ''Commentaries'' helped to solidify legal thinking. At the same time, legal education had stalled, and Blackstone's work gave the Law "at least a veneer of scholarly respectability".[ ]William Searle Holdsworth
Sir William Searle Holdsworth (7 May 1871 – 2 January 1944) was an English legal historian and Vinerian Professor of English Law at Oxford University, amongst whose works is the 17-volume ''History of English Law''.
Biography
Holdsworth w ...
, one of Blackstone's successors as Vinerian Professor, argued that "if the Commentaries had not been written when they were written, I think it very doubtful that he United States and other English speaking countries would have so universally adopted the ommonlaw".[Holdsworth (1928) p. 157]
The ''Commentaries'' had a particular influence in the United States; James Iredell
James Iredell (October 5, 1751 – October 20, 1799) was one of the first Justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredell ...
, an original Associate Justice of the Supreme Court of the United States wrote that the ''Commentaries'' were "Books admirably calculated for a young Student, and indeed may instruct the most learned ... Pleasure and Instruction go hand in hand". When the ''Commentaries'' were first printed in North America, 1,400 copies were ordered for Philadelphia alone. Academics have also noted the early reliance of the Supreme Court on the ''Commentaries'', probably due to a lack of US legal tradition at that time. The US academic Robert Ferguson notes that "all our formative documents – the Declaration of Independence
A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...
, the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
, the Federalist Papers and the seminal decisions of the Supreme Court under John Marshall – were drafted by attorneys steeped in Sir William Blackstone's ''Commentaries on the Laws of England''. So much was this the case that the ''Commentaries'' rank second only to the Bible as a literary and intellectual influence on the history of American institutions". Even towards the end of the twentieth century, the ''Commentaries'' were cited in Supreme Court decisions between 10 and 12 times a year.[Miles (2000) p. 57]
Within United States academia and practise, as well as within the judiciary, the ''Commentaries'' had a substantial impact; with the scarcity of law books on the frontier, they were "both the only law school and the only law library most American lawyers used to practise law in America for nearly a century after they were published". Blackstone had drawn up a plan for a dedicated School of Law, and submitted it to the University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
; when the idea was rejected he included it in the ''Commentaries''. It is from this plan that the modern system of American law schools comes.[ Subscribers to the first edition of Blackstone, and later readers who were profoundly influenced by it, include ]James Iredell
James Iredell (October 5, 1751 – October 20, 1799) was one of the first Justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredell ...
, John Marshall, James Wilson James Wilson may refer to:
Politicians and government officials
Canada
*James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada
* James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
, John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
, John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
, James Kent and Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
.
In the early 1920s the American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
presented a statue of Blackstone to the English Bar Association; however, at the time, the sculpture was too tall to be placed in the Royal Courts of Justice
The Royal Courts of Justice, commonly called the Law Courts, is a court building in Westminster which houses the High Court and Court of Appeal of England and Wales. The High Court also sits on circuit and in other major cities. Designed by Ge ...
in London. The sculpture, designed by Paul Wayland Bartlett was eventually cast in Europe and presented back to the US for display. Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
approved the placement of the sculpture in Washington, D.C., on 15 March 1943, and appropriated $10,000 for the installation. The bronze statue is a nine-foot (2.7 m) standing portrait of Blackstone wearing judicial robes and a long curly wig, holding a copy of ''Commentaries''. It is placed on a tall granite
Granite () is a coarse-grained ( phaneritic) intrusive igneous rock composed mostly of quartz, alkali feldspar, and plagioclase. It forms from magma with a high content of silica and alkali metal oxides that slowly cools and solidifies under ...
base and stands on Constitution Avenue
Constitution Avenue is a major east–west street in the northwest and northeast quadrants of the city of Washington, D.C., in the United States. It was originally known as B Street, and its western section was greatly lengthened and widened bet ...
and 3rd Street NW. The town of Blackstone, Virginia
Blackstone, formerly named Blacks and Whites, and then Bellefonte, is a town in Nottoway County in the U.S. state of Virginia. The population was 3,621 at the 2010 census.
History
The settlement was founded as the village of "Blacks and Whites" ...
, is named after him.
The North Wall Frieze
In architecture, the frieze is the wide central section part of an entablature and may be plain in the Ionic or Doric order, or decorated with bas-reliefs. Paterae are also usually used to decorate friezes. Even when neither columns nor ...
in the courtroom of the Supreme Court of the United States depicts William Blackstone, as one of the most influential legal commentators in world history.
Blackstone's Ratio or Blackstone's Formulation
Among the most well-known of Blackstone's contributions to judicial theory is his own statement of the principle that it "is better that ten guilty persons escape than that one innocent suffer".
While this argument originates at least as far back as Genesis 18:23–32 in the Bible,["''n'' Guilty Men"]
146 University of Pennsylvania Law Review 173, Alexander Volokh, 1997. as well as versions by Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Tora ...
and Sir John Fortescue John Fortescue may refer to:
* Sir John Fortescue (judge) (c. 1394–1479), English lawyer and judge, MP for Tavistock, Totnes, Plympton Erle and Wiltshire
* Sir John Fortescue of Salden (1531/1533–1607), third Chancellor of the Exchequer of Eng ...
, Blackstone's analysis is the one picked up by Benjamin Franklin
Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading inte ...
and others, so that the term has become known as "Blackstone's Ratio".
As John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
, having studied Blackstone, put it:
Blackstone's Ratio is a maxim of English law, having been established as such within a few decades of Blackstone's work being published. It is also cited in courts and law in the US, and is strongly emphasised to American law students.[G. Tim Aynesworth, An illogical truism, Austin Am.-Statesman, 18 April 1996, at A14. Specifically, it is "drilled into irst year law students'head over and over again." Hurley Green Sr., Shifting Scenes, Chi. Independent Bull., 2 January 1997, at 4.]
Works
* ''Elements of Architecture'' (1743)
* ''An Abridgement of Architecture'' (1743)
* ''The Pantheon: A Vision'' (1747)
* ''An Analysis of the Laws of England
''An Analysis of the Laws of England'' is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756. A Fellow of All Souls College, Oxford, and a lecturer there, on 3 July 1753 Blackston ...
'' (1756)
* ''A Discourse on the Study of the Law
''A Discourse on the Study of the Law'' is a treatise by Sir William Blackstone first published in 1758. On 20 October 1758 Blackstone had been confirmed as the first Vinerian Professor of English Law, and immediately gave a lecture on 24 Octobe ...
'' (1758)
* ''The Great Charter and the Charter of the Forest, with other authentic Instruments'' (1759)
* ''A Treatise on the Law of Descents in Fee Simple'' (1759)
* '' Commentaries on the Laws of England'' (1765-1769)
* '' Reports in K.B. and C.P., from 1746 to 1779'' (1781)
See also
* US Constitution, influences
References
Bibliography
*
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External links
Sir William Blackstone
at th
Eighteenth-Century Poetry Archive (ECPA)
*
*
*
*
The Commentaries online at Archive.Org
{{DEFAULTSORT:Blackstone, William
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