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Commentaries on the Laws of England

William Blackstone

Book Overview: 

The Commentaries were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. The work is as much an apologia for the legal system of the time as it is an explanation; even when the law was obscure, Blackstone sought to make it seem rational, just, and inevitable that things should be how they were. (Summary from Wikipedia.)

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Book Excerpt: 
. . .Ann. c. 8. in which statute there are also two acts of parliament recited; the one of Scotland, whereby the church of Scotland, and also the four universities of that kingdom, are established for ever, and all succeeding sovereigns are to take an oath inviolably to maintain the same; the other of England, 5 Ann. c. 6. whereby the acts of uniformity of 13 Eliz. and 13 Car. II. (except as the same had been altered by parliament at that time) and all other acts then in force for the preservation of the church of England, are declared perpetual; and it is stipulated, that every subsequent king and queen shall take an oath inviolably to maintain the same within England, Ireland, Wales, and the town of Berwick upon Tweed. And it is enacted, that these two acts "shall for ever be observed as fundamental and essential conditions of the union."

Upon these articles, and act of union, it is to be observed, 1. That the two kingdoms are now so inseparably united, that nothing. . . Read More

Community Reviews

A very insightful read of the first volume by Blackstone that covers his thoughts on:

1. Reading the law v. Apprenticeship of the law: Blackstone clearly leans to reading the law as more superior.
2. The Nature of laws, and the 4 main parts of a law: Declare, Direct, Remedies, & Sanctions
3. Three (3)

Already somewhat familiar with U.S. law, I read only the introduction and certain chapters of interest in Volume 1. I did not learn a lot, but laypersons with a strong interest in law and its foundations could surely enjoy discovering some basics from this. Of course, Blackstone is concerned with Br