Early modern
Sir William Blackstone
1723–1780 · England · Judge and law professor
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.
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