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Topic: Commentaries on the Laws of England

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  Commentaries on the Laws of England - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-18)
The Commentaries on the Laws of England is an influential 18th century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769.
The common law of England, relying on precedent more than on statutes and codifications, was far less susceptible than the civil law developed from Roman law to the needs of a writer of a treatise.
The Commentaries are frequently quoted as the definitive pre-Revolutionary War source of Common Law by US courts; 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).
en.wikipedia.org /wiki/Commentaries_on_the_Laws_of_England   (846 words)

 Commentaries on the Laws of England
Law, in it's most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate, or inanimate, rational or irrational.
This then is the general signification of law, a rule of action dictated by some superior being; and in those creatures that have neither the power to think, nor to will, such laws must be invariably obeyed, so long as the creature itself subsists, for it's existence depends on that obedience.
And herein it is the at human laws have their greatest force and efficacy; for, with regard to such points as are not indifferent, human laws are only declaratory of, and act in subordination to, the former.
www.preteristcentral.com /govt-blackstone.htm   (1315 words)

 William Blackstone - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-18)
A bust of Blackstone is a typical ornament of a lawyer's office in early Perry Mason novels, and in Anatomy of a Murder.
Blackstone was defending a large body of British laws, collectively known as the penal laws, which imposed various civil disabilities and legal penalties on recusant Catholics.
These laws were gradually repealed over the course of the nineteenth century with laws such as the Catholic Emancipation Act of 1829; however, the law of succession to the British throne continues to bar Catholics, and anyone married to a "papist", from the line of succession.
en.wikipedia.org /wiki/William_Blackstone   (759 words)

 Commentaries on the Laws of England
For the same reason it is immaterial with respect to the essence of a libel, whether the matter of it be true or false; since the provocation, and the falsity, is the thing to be punished criminally: though doubtless, the falsehood of it may aggravate its guilt and enhance its punishment.
Our law, in this and many other respects, corresponds rather with the middle age of Roman jurisprudence, when liberty, learning and humanity were in their full vigour, than with the cruel edicts that were established in the dark and tyrannical ages of the ancient decemviri, or the later emperors.
But to punish (as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
www.bc.edu /bc_org/avp/cas/comm/free_speech/blackstone.html   (2215 words)

 CLE , Sir William Blackstone, Commentaries on the Law of England
With regard to the sanction of laws, or the evil that may attend the breach of public duties; it is observed, that human legislators have for the most part chosen to make the sanction of their laws rather vindicatory than remuneratory, or to consist rather in punishments, than in actual particular rewards.
Therefore the Bolognian law, mentioned by Puffendorf, which enacted ``that whoever drew blood in the streets should be punished with the utmost severity'', was held after long debate not to extend to the surgeon, who opened the vein of a person that fell down in the street with a fit.
For since in laws all cases can not be foreseen or expressed, it is necessary, that when the general decrees of the law come to be applied to particular cases, there should be somewhere a power vested of defining those circumstances, which (had they been foreseen) the legislator himself would have expressed.
www.la.utexas.edu /research/poltheory/blackstone/cle.int.s02.html   (5776 words)

 Blackstone's Commentaries   (Site not responding. Last check: 2007-10-18)
By the civil law, absolutely taken, is generally understood the civil or municipal law of the Roman empire, as comprised in the institutes, the code, and the digest of the emperor Justinian, and the novel constitutions of himself and some of his successors.
Wherefore the municipal or common laws of England are, generally speaking, of no force or validity in Scotland; and of consequence, in the ensuing commentaries, we shall have very little occasion to mention, any farther than sometimes by way of illustration, the municipal laws of that part of the united kingdoms.
The statute law of England does therefore very seldom, and the common law does never inflict any punishment extending to life or limb, unless upon the highest necessity: and the constitution is an utter stranger to any arbitrary power of killing or maiming the subject without the express warrant of law.
www.agh-attorneys.com /4_william_blackstone.htm   (14583 words)

 William Blackstone: Commentaries on the Laws of England (1765-1769)
COMMENTARIES ON THE LAWS OF ENGLAND (1765-1769), by William Blackstone, Esq., Vinerian Professor of Law and Solicitor General to the Queen.
Blackstone's Commentaries was the first organized compendium of English law which served as a model for all legal treatises to follow.
The Commentaries was especially popular in the American colonies, and was instrumental in shaping the opinions of the founders of the United States in the years following its publication.
www.lawmart.com /pubs/blackstone.htm   (284 words)

 History of Penn Law - Medallions and Inscriptions
He spent the next few years delivering lectures on the laws of England at Oxford and, after receiving much praise for his lectures, was elected the first Vinerian professor of English Law in 1758.
From 1765 to 1769, Blackstone published his Commentaries on the Laws of England, which were based on the lectures he had delivered at Oxford.
Commentaries on the Laws of England has gone through over thirty editions, eight during Blackstone's lifetime, and was immensely popular and influential.
www.law.upenn.edu /about/history/medallions/blackstone   (397 words)

 Extracts from William Blackstone's Commentaries on the Laws of England 1765-1769
For the law always imagines, that these accidental misfortunes may be removed; and therefore only constitutes the crown a trustee for the unfortunate persons, to protect their property, and to account to them for all profits received, if they recover, or after their decease to their representatives.
For the law presumes that such a one at the time of notice is not likely to become chargeable, else he would not venture to give it; or that, in such case, the parish would take care to remove him.
These are the general heads of the laws relating to the poor which, by the resolutions of the courts of justice thereon within a century past, are branched into a great variety.
www.mdx.ac.uk /www/study/xBlack.htm   (4182 words)

 Admiralty and Maritime Law Guide - William Blacksone, Commentaries on the Laws Of England
And, in consequence of this statute, thus enforcing the law of nations, these privileges are now usually allowed in the courts of common law.
It's proceedings are according to the method of the civil law, like those of the ecclesiastical courts; upon which account it is usually held at the same place with the superior ecclesiastical courts, at doctors' commons in London.
The original court, to which this question is permitted in England, is the court of admiralty; and the court of appeal is in effect the king's privy council, the members of which are, in consequence of treaties, commissioned under the great seal for this purpose.
www.admiraltylawguide.com /documents/blackstone.html   (585 words)

 Article 2, Section 2, Clause 1: William Blackstone, Commentaries 4:397--402
In democracies, however, this power of pardon can never subsist; for there nothing higher is acknowleged than the magistrate who administers the laws: and it would be impolitic for the power of judging and of pardoning to center in one and the same person.
The king's charter of pardon must be specially pleaded, and that at a proper time: for if a man is indicted, and has a pardon in his pocket, and afterwards puts himself upon his trial by pleading the general issue, he has waived the benefit of such pardon.
But, if a man avails himself thereof as soon as by course of law he may, a pardon may either be pleaded upon arraignment, or in arrest of judgment, or in the present stage of proceedings, in bar of execution.
press-pubs.uchicago.edu /founders/documents/a2_2_1s17.html   (1135 words)

 Blackstone's Commentaries
England’s common law, which, until Blackstone’s codification, had been solely handed down from one generation to the next via tradition, existed at the time in the form of lex non scripta.
Blackstone solidified the point that law is a rule of action prescribed by a superior which an inferior is bound to obey.
For any law to stand the test of reasonableness, as well as the coveted ‘test-of-time,’ Sir William is adamant in stating that it “should be founded upon principles that are permanent, uniform, and universal; and always conformable to the dictates of truth and justice, the feelings of humanity, and the indelible rights of mankind…”
www.iejs.com /Law/blackstone.htm   (1532 words)

Brehon law is the usual term for Irish native law, as administered in Ireland down to almost the middle of the seventeenth century, and in fact amongst the native Irish until the final consummation of the English conquest.
The law of primogeniture did not obtain in Ireland, and the selection was made of the man who being of the chieftain's near blood could best defend the tribe and lead it in both war and peace.
It is also likely that much of the law relating to the alienation of land, all the land belonging originally to the tribe, was influenced by the Church, and indeed the Church seems to have been the grantee primarily contemplated in these regulations.
www.newadvent.org /cathen/02753a.htm   (3417 words)

 Bible Law
'Commentaries on the Laws of England by Sir William Blackstone - Pg.
'Commentaries on the Laws of England by Sir William Blackstone -Pg.
The law of evidences is cited by Paul as a general premise of judgment: ''In the mouth of two or three witnesses shall every word be established,'' 2 Corinthians 13:1.'
www.biblelaw.com /cgi-bin/sht.cgi?tc=790&tt=q   (678 words)

 LLMC - Yale Blackstone Collection
Commentaries on the Laws of England (1765–69) by William Blackstone, Vol.
Commentaries on the Laws of England (1790 to 1801); The first Worcester Edition, carefully reprinted from the last London Edition, containing the last corrections of the author, the additions by Richard Burn, and continued to the present time by John Williams: Vol.
Commentaries of Blackstone on the Laws of England (1860, with reprints to 1891); With notes selected from the editions of Archbold, Christian, Coleridge, Chitty, Stewart, Kerr and others, with Barron Field’s analysis and additional notes, and a life of the author, by George Sharswood: Vol.
www.llmc.com /yale.htm   (11190 words)

 Edwar Coke   (Site not responding. Last check: 2007-10-18)
In this position, and (after 1613) as chief justice of the king's bench, Coke became the champion of common law against the encroachments of the royal prerogative and declared null and void royal proclamations that were contrary to law.
The common law is part of the underlying law used in England and the United States.
His Commentaries were well received, went through a number of editions, and are still cited in modern legal references such as Black's Law Dictionary.
faculty.cua.edu /pennington/Law508/EdwardCoke.htm   (407 words)

 [No title]   (Site not responding. Last check: 2007-10-18)
Such are the laws relating to advowsons, institutions, and inductions; to simony, and simoniacal contracts; to uniformity, residence, and pluralities; to tithes and other ecclesiastical clues; to marriages (more especially of late) and to a variety of other subjects, which are consigned to the care of their order by the provisions of particular statutes.
Secondly, the real intrinsic merit of the civil law, considered upon the footing of reason and not of obligation, which was well known to the instructors Of our youth and their total ignorance of the merit of the common law, though it's equal at least, and perhaps an improvement on the other.
Some branches of the law, as the formal process of civil suits, and the subtile distinctions incident to landed property, which are the most difficult to be thoroughly understood, are the least worth the pains of understanding, except to such gentlemen as intend to pursue the profession.
www.founding.com /library/lbody.cfm?id=540&parent=539   (5763 words)

 Amazon.ca: Commentaries on the Laws of England, Volume 4: A Facsimile of the First Edition of 1765-1769: Books   (Site not responding. Last check: 2007-10-18)
Thomas A. Green is professor of law at the University of Michigan and the author of important studies on the history of English criminal law and procedure, including Verdict According to Conscience, published by the University of Chicago Press.
Not that the law he contains is still reliable, although much of it is. But for the big picture, the history of the development of the English common law, he remains an indispensible source.
As Blackstone develops the law, he sets it against the backdrop of the British struggle against arbitrary rule by the King, the seventeenth century wars of religious fanaticism, and England's long battle to win free from the power of the papacy.
www.amazon.ca /exec/obidos/ASIN/0226055450   (600 words)

 Blackstone: The Online Library of Liberty   (Site not responding. Last check: 2007-10-18)
Sir William Blackstone's (1723-1780) four-volume Commentaries on the Laws of England assures him a place in history as one of the greatest scholars of English common law.
To this end, he initially focused his attention on natural law: "This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other.
The Commentaries served as a primary vehicle for the education of lawyers for years after its publication and is still an important source for the history of common law.
oll.libertyfund.org /Intros/Authors/18thC/Blackstone.html   (376 words)

 Selections from Sir William Blackstone at conservativeforum.org
Author of a series of published lectures entitled Commentaries on the Laws of England (1765) which influenced lawyers and lawmaking in England for much of two centuries after their publication.
Those rights, then, which God and nature have established, and are therefore called natural rights, such as life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolate.
In all tyrannical governments the supreme magistracy, or the right both of making and enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.
www.conservativeforum.org /authquot.asp?ID=944   (273 words)

 The Avalon Project : Blackstone's Commentaries on the Laws of England
Section the Third : Of the Laws of England
Section the Fourth : Of the Countries Subject to the Laws of England
Chapter the Thirty-Third : Of the Rise, Progress, And Gradual Improvements, of the Laws of England
www.yale.edu /lawweb/avalon/blackstone/blacksto.htm   (966 words)

 Commentaries on the Laws of England, Vol. II, Ch. 30 -- Sir William Blackstone   (Site not responding. Last check: 2007-10-18)
By the laws of Sweden, the depositary or bailee of goods is not bound to restitution, in case of accident by fire or theft: provided his own goods perished in the same manner: "jura enim nostra," says Stiernhook, "dolum praesumunt, si una non pareant." (De jure Sueon.
Our law establishes one Standard for all alike, where the pledge or security itself is not put in jeopardy; lest, under the general pretence of vague and indeterminate hazards, a door should be opened to fraud and usury: leaving specific hazards to be provided against by specific insurances, or by loans upon respondentia, or bottomry.
The person however, who writes this letter, is called in law the drawer, and he to whom it is written the drawee; and the third person, or negotiator, to whom it is payable (whether specially named, or the bearer generally) is called the payee.
home.earthlink.net /~cadman777/Blackstone_II_30.htm   (7803 words)

 Blackstone, William, COMMENTARIES ON THE LAWS OF ENGLAND   (Site not responding. Last check: 2007-10-18)
The Commentaries are not only a statement of the law of Blackstone's day, but the best history of English law as a whole which had yet appeared." Holdsworth, 22.
"Until the Commentaries, the ordinary Englishman had viewed the law as a vast, unintelligible and unfriendly machine...Blackstone's great achievement was to popularize the law and the traditions which had influenced its formation....
If the English constitution survived the troubles of the next century, it was because the law had gained a new popular respect, and this was due in part to the enormous success of Blackstone's work.
www.polybiblio.com /bud/1484.html   (303 words)

 Blackstone:COMMENTARIES ON THE LAWS OF ENGLAND,4vo   (Site not responding. Last check: 2007-10-18)
COMMENTARIES ON THE LAWS OF ENGLAND(4 volumes) By William Blackstone
Blackstone's COMMENTARIES ON THE LAWS OF ENGLAND, one of the bedrock classics of the English language has been reissued with a frequency thought to be second only to that of the Bible.
These perennially important volumes were written in part to "instruct the rising generation in the wisdom of our civil polity, and inform them with a desire to be still better acquainted with the laws and constitution of their country."
www.gryphoneditions.com /item415.ctlg   (257 words)

 Commentaries on the Laws of England, Volume 1: A Facsimile of the First Edition of 1765-1769... specs at MSN Shopping
Commentaries on the Laws of England, Volume 1: A Facsimile of the First Edition of 1765-1769...
Commentaries on the Laws of England, Volume 1: A Facsimile of the First Edition of 1765-1769...: Product details
It was the dominant lawbook in England and America in the century after its publication and played a unique role in the development of the fledgling American legal system.
shopping.msn.com /specs/shp?itemId=1343731   (98 words)

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