The Law To Know

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Early modern

Sir William Blackstone

1723–1780 · England · Judge and law professor

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

William Blackstone was an English barrister who became the first Vinerian Professor of English Law at Oxford, where from 1753 he gave the first university lectures on English law. They became the four volumes of his Commentaries on the Laws of England (1765–1769), which describe the rights of persons, the rights of things, private wrongs and public wrongs in an orderly, readable form for educated people and not just for lawyers. He held that human law rests on the law of nature, and he praised the common law and the English constitution. The Commentaries sold widely in Britain and America, where they were the main legal textbook for decades and were read by the founders and by generations of lawyers who learned their law from them. Critics, notably Bentham, attacked his complacent defence of the existing law.

The big idea

The common law can be presented as an orderly, reasoned system, which rests on natural law and the rights of Englishmen.

Main work

Commentaries on the Laws of England (1765–1769)

Legacy

The most influential text in the English-speaking legal world, widely used in early America.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
← Earlier: Charles de Secondat, Baron de MontesquieuLater: Cesare Beccaria →

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