Encyclopedia, Difference between revisions of "William Blackstone" - New World
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[[Image:WilliamBlackstone.jpg|thumb|right|William Blackstone as illustrated in his ''Commentaries on the Laws of England''.]] | [[Image:WilliamBlackstone.jpg|thumb|right|William Blackstone as illustrated in his ''Commentaries on the Laws of England''.]] | ||
| − | Sir '''William Blackstone''' (July 10, 1723 – February 14, 1780) was an [[England|English]] [[jurist]] and professor who produced the historical and analytic treatise on the [[common law]] called ''Commentaries on the Laws of England'', first published in four volumes over 1765–1769. | + | Sir '''William Blackstone''' (July 10, 1723 – February 14, 1780) was an [[England|English]] [[jurist]] and professor who produced the historical and analytic treatise on the [[common law]] called ''Commentaries on the Laws of England'', first published in four volumes over 1765–1769. This first attempt to reduce the English Common law to a single unified system was an extraordinary success. It is said to have brought the author £14,000 (a huge sum of money at that time). The Commentaries still remain an important source on classical views of the common law and its principles. Its concepts and theories went on to play a major role in the foundation of the [[Declaration of Independence]], and the [[Constitution of the United States of America]]. |
==Life== | ==Life== | ||
'''William Blackstone''' was born in Cheapside, [[London]] in July 1732, the son of a prosperous silk merchant. He became orphaned at an early age and was placed in the care of his uncle. He began his education at [[Charterhouse School]] and at the age of fifteen was sent to continue his studies at [[Pembroke College, Oxford|Pembroke College]], [[Oxford University|Oxford]]. In 1744 he was elected a fellow of [[All Souls' College, Oxford]]. Upon completing his studies in 1746, Blackstone was called to the [[Bar]] at the [[Middle Temple]]. As a reward for his services he was appointed steward of its manors in May 1749. In addition, this opportunity was an effort to advance the interests of the college. Unsuccessful in law, he returned to [[Oxford University|Oxford]] in 1753 to deliver a course of lectures on English law. He became the first occupant of the newly founded [[Vinerian]] Professorship of law in 1758. | '''William Blackstone''' was born in Cheapside, [[London]] in July 1732, the son of a prosperous silk merchant. He became orphaned at an early age and was placed in the care of his uncle. He began his education at [[Charterhouse School]] and at the age of fifteen was sent to continue his studies at [[Pembroke College, Oxford|Pembroke College]], [[Oxford University|Oxford]]. In 1744 he was elected a fellow of [[All Souls' College, Oxford]]. Upon completing his studies in 1746, Blackstone was called to the [[Bar]] at the [[Middle Temple]]. As a reward for his services he was appointed steward of its manors in May 1749. In addition, this opportunity was an effort to advance the interests of the college. Unsuccessful in law, he returned to [[Oxford University|Oxford]] in 1753 to deliver a course of lectures on English law. He became the first occupant of the newly founded [[Vinerian]] Professorship of law in 1758. | ||
| + | |||
| + | Blackstone married [[Sarah Clitherow]] in 1761, and together they had nine children. Later that year he won election as a [[Member of Parliament]] and was appointed king's counsel. Blackstone retired from his Professorship and Headship in 1766. He was made a Judge of the Court of Common Pleas in 1770, but his record was no more distinguished than his time spent at the Bar. In 1770, Blackstone was knighted. | ||
| + | |||
| + | William Blackstone spent the last twenty years of his life with his family in [[Castle Priory House]] which he built at [[Wallingford]]. On February 14, 1780 Blackstone died at the age of 57 and was buried at St. Peter's Church in the town. The Castle Priory House still stands, now as a [[hotel]]. His fine statue by [[Bacon]] in the [[Library of All Souls]] seems to dominate that magnificent room, to the enrichment of whose shelves he largely contributed. If it is true that in his later life he became both irritable and heavy, it is certain that, during the eighteen years spent in his beloved College, he was the most genial and delightful of companions. <ref>http://www.berkshirehistory.com/bios/wblackstone.html “Sir William Blackstone". Retrieved November 29, 2006.</ref> | ||
== Work == | == Work == | ||
| − | Blackstone spoke and wrote in the times of [[Oliver Goldsmith]], [[Samuel Johnson]], [[Edward Gibbon]], [[Adam Smith]], [[David Hume]] and [[Benjamin Franklin]]. Cultural institutions such as the [[British Museum]], that today seem [[ancient]], were in their infancy. The law then, as now, was rooted in everyday life but removed by [[lawyers]] and courts from most people's lives. Blackstone's task, and his ultimate accomplishment, was to open the law to many for whom it had been closed. <ref>http://www.earlyamerica.com/review/spring97/blackstone.html “Blackstone In America: Lectures by an English Lawyer.</ref> | + | Blackstone spoke and wrote in the times of [[Oliver Goldsmith]], [[Samuel Johnson]], [[Edward Gibbon]], [[Adam Smith]], [[David Hume]] and [[Benjamin Franklin]]. Cultural institutions such as the [[British Museum]], that today seem [[ancient]], were in their infancy. The law then, as now, was rooted in everyday life but removed by [[lawyers]] and courts from most people's lives. Blackstone's task, and his ultimate accomplishment, was to open the law to many for whom it had been closed. <ref>http://www.earlyamerica.com/review/spring97/blackstone.html “Blackstone In America: Lectures by an English Lawyer". Retrieved December 15, 2006.</ref> |
=== Commentaries on the Laws of England === | === Commentaries on the Laws of England === | ||
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The first volume, published in 1765, was entitled "Rights of Persons"; the majority of the book based on the "Absolute Rights of Individuals". It also covered topics such as inheritance of the throne, duties of [[Magistrate]]s, allegiance to one's [[nation]], [[marriage]], and [[guardian]]ship. The second volume entitled "Rights of Things" encompassed the rights that people have in things. "Private Wrongs" (known today as 'torts') was the discussion basis for the third book. The fourth and final volume was published in 1769 and covered "Public Wrongs", meaning [[crime]]s and [[punishment]]s, including offenses against [[God]] and [[religion]]. | The first volume, published in 1765, was entitled "Rights of Persons"; the majority of the book based on the "Absolute Rights of Individuals". It also covered topics such as inheritance of the throne, duties of [[Magistrate]]s, allegiance to one's [[nation]], [[marriage]], and [[guardian]]ship. The second volume entitled "Rights of Things" encompassed the rights that people have in things. "Private Wrongs" (known today as 'torts') was the discussion basis for the third book. The fourth and final volume was published in 1769 and covered "Public Wrongs", meaning [[crime]]s and [[punishment]]s, including offenses against [[God]] and [[religion]]. | ||
| − | The ''Commentaries on the Laws of England'' were treated like an [[authority]] and dominated the common law [[legal system]] for more than a [[century]]. The Commentaries were published all around the [[world]], beginning in [[America]] in 1771. This first printing of 1,400 books sold out and soon after a second edition followed. They were translated into [[French]], [[German]] and [[Russian]]. Blackstone also published treatises on the [[Magna Carta]] and the ''Charter of the Forests''. | + | The ''Commentaries on the Laws of England'' were treated like an [[authority]] and dominated the common law [[legal system]] for more than a [[century]]. In addition the Commentaries had extreme influential power over the legal education in both England and America. The Commentaries were published all around the [[world]], beginning in [[America]] in 1771. This first printing of 1,400 books sold out and soon after a second edition followed. They were translated into [[French]], [[German]] and [[Russian]]. Blackstone also published treatises on the [[Magna Carta]] and the ''Charter of the Forests''. |
=== Blackstone and Property Jurisprudence === | === Blackstone and Property Jurisprudence === | ||
| − | Blackstone's characterization of property rights as "sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe," has often been quoted in judicial opinions and secondary legal [[literature]] as the dominant [[West]]ern concept of property. In spite of the frequency with which this conception is quoted, however, it is now discredited or understood as a mere formalism, since in reality property rights are encumbered by numerous factors, including the will of the state. | + | Blackstone's characterization of property rights as "sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe," has often been quoted in judicial opinions and secondary legal [[literature]] as the dominant [[West]]ern concept of property. In spite of the frequency with which this conception is quoted, however, it is now discredited or understood as a mere formalism, since in reality property rights are encumbered by numerous factors, including the will of the [[state]]. |
== Legacy == | == Legacy == | ||
| − | + | His work earned him belated success as a [[lawyer]], [[politician]], [[judge]] and [[scholar]]. Blackstone, however, more than paid for his success; he and his book were "the targets of some of the most [[vitriolic]] attacks ever mounted upon a man or his ideas." <ref>http://www.earlyamerica.com/review/spring97/blackstone.html “Blackstone In America: Lectures by an English Lawyer". Retrieved December 15, 2006.</ref> | |
| + | |||
| + | The ''Commentaries on the Laws of England'' were written shortly before the [[United States Constitution]]. The terms and phrases used by the framers often derived from Blackstone's works. The book is regarded not only as a legal classic, but also as a literary masterpiece. | ||
| + | |||
| + | Blackstone's work was more often synthetic than original, but his writing was organized, clear, and dignified, which brings his great work within the category of general [[literature]]. He also had a turn for neat and polished verse, of which he gave proof in ''The Lawyer's Farewell to his Muse''. | ||
| − | Blackstone | + | United States courts frequently quote Blackstone's ''Commentaries on the Laws of England'' as the definitive pre-[[American Revolutionary War|Revolutionary War]] source of common law; in particular, the [[United States Supreme Court]] quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or further (for example, when discussing the intent of the [[Founding Fathers of the United States|Framers of the Constitution]]). His work has been used most forcefully as of late by Justice [[Clarence Thomas]]. United States and other common law courts mention with strong approval "Blackstone's Formulation" (also known as Blackstone's ratio or the Blackstone ratio), popularly stated as ''"Better that ten guilty persons escape than that one innocent suffer"''. The first expression of the formulation is found in Sir John Fortescue's De Laudibus Legum Angliae (c. 1470), where he states that "one would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned, and suffer capitally." <ref>http://en.wikipedia.org/wiki/Blackstone's_formulation "Blackstone's Formulation". Retrieved December 19, 2006.</ref> |
| − | + | Blackstone and his work occasionally appear in [[literature]]. For example, Blackstone receives mention in [[Herman Melville]]'s ''[[Moby-Dick]]''. A bust of Blackstone is a typical ornament of a lawyer's office in popular fiction. Blackstone's ''Commentaries'' are also mentioned in [[Charles Portis]]'s comic novel, ''The Dog of the South.'' | |
| − | The | + | ==Publications== |
| + | *Blackstone, Sir William. 1862. ''Commentaries On The Laws Of England: In Four Books.'' Albemarle Street, London: John Murray. (ASIN B000K8EGAC) | ||
| − | Blackstone | + | *Blackstone, William. First Edition 1959. ''Ehrlich's Blackstone (The Philosophy and History of the Law under which We Live).'' Nourse Pub. Co. (ASIN B0007DNU0M) |
| − | + | *Blackstone, William. January 1980. ''Blackstone and Oxford: An Exhibition Held at the Bodleian Library, Oxford on the Occasion of the Bicentenary of Sir William Blackstone.'' Bodleian Library. (ISBN 0900177756) | |
| − | + | *Doublas, D. January 1971. ''The Biographical History of Sir William Blackstone.'' Fred B Rothman & Co. (ISBN 0837720257) | |
==Notes== | ==Notes== | ||
Revision as of 20:57, 19 December 2006
Sir William Blackstone (July 10, 1723 – February 14, 1780) was an English jurist and professor who produced the historical and analytic treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769. This first attempt to reduce the English Common law to a single unified system was an extraordinary success. It is said to have brought the author £14,000 (a huge sum of money at that time). The Commentaries still remain an important source on classical views of the common law and its principles. Its concepts and theories went on to play a major role in the foundation of the Declaration of Independence, and the Constitution of the United States of America.
Life
William Blackstone was born in Cheapside, London in July 1732, the son of a prosperous silk merchant. He became orphaned at an early age and was placed in the care of his uncle. He began his education at Charterhouse School and at the age of fifteen was sent to continue his studies at Pembroke College, Oxford. In 1744 he was elected a fellow of All Souls' College, Oxford. Upon completing his studies in 1746, Blackstone was called to the Bar at the Middle Temple. As a reward for his services he was appointed steward of its manors in May 1749. In addition, this opportunity was an effort to advance the interests of the college. Unsuccessful in law, he returned to Oxford in 1753 to deliver a course of lectures on English law. He became the first occupant of the newly founded Vinerian Professorship of law in 1758.
Blackstone married Sarah Clitherow in 1761, and together they had nine children. Later that year he won election as a Member of Parliament and was appointed king's counsel. Blackstone retired from his Professorship and Headship in 1766. He was made a Judge of the Court of Common Pleas in 1770, but his record was no more distinguished than his time spent at the Bar. In 1770, Blackstone was knighted.
William Blackstone spent the last twenty years of his life with his family in Castle Priory House which he built at Wallingford. On February 14, 1780 Blackstone died at the age of 57 and was buried at St. Peter's Church in the town. The Castle Priory House still stands, now as a hotel. His fine statue by Bacon in the Library of All Souls seems to dominate that magnificent room, to the enrichment of whose shelves he largely contributed. If it is true that in his later life he became both irritable and heavy, it is certain that, during the eighteen years spent in his beloved College, he was the most genial and delightful of companions. [1]
Work
Blackstone spoke and wrote in the times of Oliver Goldsmith, Samuel Johnson, Edward Gibbon, Adam Smith, David Hume and Benjamin Franklin. Cultural institutions such as the British Museum, that today seem ancient, were in their infancy. The law then, as now, was rooted in everyday life but removed by lawyers and courts from most people's lives. Blackstone's task, and his ultimate accomplishment, was to open the law to many for whom it had been closed. [2]
Commentaries on the Laws of England
Blackstone's lectures were designed as an introduction to the whole of the law, and they proved an immediate success with his students. It was the first time that English law had been made easily readable and comprehensible to the lay mind. Shortly thereafter, the lectures were published as Commentaries on the Laws of England. The series was comprised of four volumes, each representing a different theme, in order to present the whole of British law in a logical and comprehensive way.
The first volume, published in 1765, was entitled "Rights of Persons"; the majority of the book based on the "Absolute Rights of Individuals". It also covered topics such as inheritance of the throne, duties of Magistrates, allegiance to one's nation, marriage, and guardianship. The second volume entitled "Rights of Things" encompassed the rights that people have in things. "Private Wrongs" (known today as 'torts') was the discussion basis for the third book. The fourth and final volume was published in 1769 and covered "Public Wrongs", meaning crimes and punishments, including offenses against God and religion.
The Commentaries on the Laws of England were treated like an authority and dominated the common law legal system for more than a century. In addition the Commentaries had extreme influential power over the legal education in both England and America. The Commentaries were published all around the world, beginning in America in 1771. This first printing of 1,400 books sold out and soon after a second edition followed. They were translated into French, German and Russian. Blackstone also published treatises on the Magna Carta and the Charter of the Forests.
Blackstone and Property Jurisprudence
Blackstone's characterization of property rights as "sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe," has often been quoted in judicial opinions and secondary legal literature as the dominant Western concept of property. In spite of the frequency with which this conception is quoted, however, it is now discredited or understood as a mere formalism, since in reality property rights are encumbered by numerous factors, including the will of the state.
Legacy
His work earned him belated success as a lawyer, politician, judge and scholar. Blackstone, however, more than paid for his success; he and his book were "the targets of some of the most vitriolic attacks ever mounted upon a man or his ideas." [3]
The Commentaries on the Laws of England were written shortly before the United States Constitution. The terms and phrases used by the framers often derived from Blackstone's works. The book is regarded not only as a legal classic, but also as a literary masterpiece.
Blackstone's work was more often synthetic than original, but his writing was organized, clear, and dignified, which brings his great work within the category of general literature. He also had a turn for neat and polished verse, of which he gave proof in The Lawyer's Farewell to his Muse.
United States courts frequently quote Blackstone's Commentaries on the Laws of England as the definitive pre-Revolutionary War source of common law; in particular, the United States Supreme Court quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or further (for example, when discussing the intent of the Framers of the Constitution). His work has been used most forcefully as of late by Justice Clarence Thomas. United States and other common law courts mention with strong approval "Blackstone's Formulation" (also known as Blackstone's ratio or the Blackstone ratio), popularly stated as "Better that ten guilty persons escape than that one innocent suffer". The first expression of the formulation is found in Sir John Fortescue's De Laudibus Legum Angliae (c. 1470), where he states that "one would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned, and suffer capitally." [4]
Blackstone and his work occasionally appear in literature. For example, Blackstone receives mention in Herman Melville's Moby-Dick. A bust of Blackstone is a typical ornament of a lawyer's office in popular fiction. Blackstone's Commentaries are also mentioned in Charles Portis's comic novel, The Dog of the South.
Publications
- Blackstone, Sir William. 1862. Commentaries On The Laws Of England: In Four Books. Albemarle Street, London: John Murray. (ASIN B000K8EGAC)
- Blackstone, William. First Edition 1959. Ehrlich's Blackstone (The Philosophy and History of the Law under which We Live). Nourse Pub. Co. (ASIN B0007DNU0M)
- Blackstone, William. January 1980. Blackstone and Oxford: An Exhibition Held at the Bodleian Library, Oxford on the Occasion of the Bicentenary of Sir William Blackstone. Bodleian Library. (ISBN 0900177756)
- Doublas, D. January 1971. The Biographical History of Sir William Blackstone. Fred B Rothman & Co. (ISBN 0837720257)
Notes
- ↑ http://www.berkshirehistory.com/bios/wblackstone.html “Sir William Blackstone". Retrieved November 29, 2006.
- ↑ http://www.earlyamerica.com/review/spring97/blackstone.html “Blackstone In America: Lectures by an English Lawyer". Retrieved December 15, 2006.
- ↑ http://www.earlyamerica.com/review/spring97/blackstone.html “Blackstone In America: Lectures by an English Lawyer". Retrieved December 15, 2006.
- ↑ http://en.wikipedia.org/wiki/Blackstone's_formulation "Blackstone's Formulation". Retrieved December 19, 2006.
ReferencesISBN links support NWE through referral fees
- This article incorporates public domain text from: Cousin, John William (1910). A Short Biographical Dictionary of English Literature. London, J.M. Dent & sons; New York, E.P. Dutton.
- Bailey, Greg. “Blackstone In America: Lectures by an English Lawyer. Archiving Early America. Retrieved December 15, 2006.
- Ford, David Nash. "Sir William Blackstone". Royal Berkshire History. Retrieved December 15, 2006.
- "A Biography of William Blackstone (1723-1780)". From Revolution to Reconstruction...and what happened afterwards. Retrieved November 29, 2006.
External links
- Sir William Blackstone's Commentaries on the Laws of England, from the Avalon Project at Yale Law School
- A Biography of William Blackstone (1723 - 1780)
- Royal Berkshire History: Sir William Blackstone]
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