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Commentaries on Laws of England, Vol. 3, by William Blackstone
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Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.
Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.
Introducing this third volume, Of Private Wrongs, John H. Langbein discusses Blackstone's account of procedure and jurisdiction, jury trial, and equity. He also examines Blackstone's uneasy attitude toward the celebrated legal frictions of English civil procedure.
- Sales Rank: #1549044 in Books
- Published on: 1979-11-15
- Format: Facsimile
- Original language: English
- Number of items: 1
- Dimensions: 8.99" h x 1.04" w x 5.86" l, 1.44 pounds
- Binding: Paperback
- 476 pages
From the Back Cover
Sir William Blackstone's Commentaries on the Laws of England stands as the first great effort to reduce the English common law to a unified and rational system.
About the Author
John H. Langbein is professor of law at Yale University. He is the author of numerous books and articles on the history of Anglo-American law, including Torture and the Law of Proof, published by the University of Chicago Press.
Most helpful customer reviews
1 of 1 people found the following review helpful.
THE THIRD OF A FOUR-VOLUME "CLASSIC" SET OF THE LAW
By Steven H Propp
Sir William Blackstone (1723-1780) was an English jurist, judge and Tory politician; these Commentaries were first published in four volumes (On on the Rights of Persons; On the Rights of Things; Of Private Wrongs; Of Public Wrongs) between 1765-1769, and were very influential on the development of the American legal system. Other volumes in this series are: Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, Vol. 1, Commentaries on the Laws of England Vol.2, and Commentaries on the Laws of England (Vol. 4).
He begins by saying, "Wrongs are divisible into two sorts of species: private wrongs, and public wrongs. The former are infringements or privation of the private or civil rights belonging to individuals considered as individuals... the latter are a breach and violation of public rights and duties, which affect the whole community... To investigate the first of these species of wrongs, with their legal remedies, will be our employment in the present book..." (Pg. 2)
He points out that the term "exchequer" (as in "court of the Exchequer") is so called "from the checqued cloth, resembling a chess-board, which covers the table there; and on which... the sums are marked and scored with counters." (Pg. 44)
He states that "With regard to the third absoute right of individuals, or that of private property, though the enjoyment of it, when acquired, is strictly a personal right; (but) it's nature and original, and the means of it's acquisition or loss, fell more directly under our second general division, of the rights of things..." (Pg. 138) He argues, "the law gives no private remedy for anything for a private wrong. Therefore no action lies for a public or common nuisance, but an indictment only: because the damage being common to all the king's subjects, no one can assign his particular proportion of it." (Pg. 219)
He suggests, "the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And, if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened, when it is applied to criminal cases!" (Pg. 379)
While this reprinted edition (e.g., using an "s" that looks to us like an "f") may be "off-putting" to some readers, I personally don't think it's a big deal; Blackstone's principles and reasoning are of such interest that they are certainly worth a bit of reading effort.
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