Course: Introduction / Criminal Law
The Commentaries on the Laws of England are a treatise on the common law of England by Sir William Blackstone that heavily influenced the law of the early United States.
The Commentaries on the Laws of England is a four-volume treatise on English law written by Sir William Blackstone in the mid-18th century. It is considered one of the most influential legal texts in the common law tradition and has had a significant impact on the development of the law in the United States and other countries.
The Commentaries provide a comprehensive overview of English law, covering everything from property law and contracts to criminal law and constitutional law. Blackstone believed that the law should be accessible to everyone and wrote the Commentaries in a clear and concise style, with numerous examples and illustrations to make the law more understandable.
One of the most important contributions of the Commentaries was its description of the common law system. Blackstone explained that the common law was developed over centuries by judges in England, who created legal rules based on their interpretation of previous cases. He argued that this system provided stability and consistency in the law, and ensured that legal decisions were based on precedent rather than the arbitrary whims of individual judges.
The Commentaries were also notable for their influence on American law. The American legal system is largely based on the English common law tradition, and the Commentaries were widely read and cited by American lawyers and judges in the late 18th and early 19th centuries. Many of the principles of English law described by Blackstone were adopted into American law, including the idea of trial by jury, the presumption of innocence, and the protection of property rights.
The Commentaries were not without controversy, however. Some critics argued that Blackstone’s conservative views on the law and society were outdated and that his emphasis on property rights and the rights of the aristocracy was not appropriate for the rapidly changing world of the 18th century. Others criticized Blackstone’s failure to address certain legal issues, such as the treatment of women and slaves under the law.
Despite these criticisms, the Commentaries remained a highly influential legal text throughout the 19th century and into the 20th century. They continue to be studied and cited by legal scholars and practitioners around the world and are considered an essential part of the legal canon.
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- Learn more about Sir William Blackstone in America from the Archiving Early America Website.
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Last Modified: 04/09/2023