Cecily Zamora
Sir William Blackstone's Commentaries on the Laws of England, published in four volumes between 1765 and 1769, is a treatise on English law that outlines the principles of liberty that later formed the foundations of the First Amendment. Blackstone's work is an interpretation of the common law, which he defines as being common because all people, including the President or a King, are subject to it. Blackstone's Commentaries were influential because they were written in a readable style, and they met a need for a succinct summary of the common law tradition.
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What You'll Learn
Blackstone's influence on the American legal system
Sir William Blackstone's treatise, "
Firstly, the Commentaries were written in a clear and readable style, making them widely accessible. They met a pressing need in the developing United States, where the common law tradition was spreading into frontier areas. The compact nature of Blackstone's four volumes made them a portable and practical resource for lawyers and judges practising in these regions, who lacked access to extensive law libraries.
Secondly, Blackstone's conservative vision of English law as a force to protect people, their liberty, and their property, resonated deeply with the ideologies that underpinned the American Revolution and the subsequent formation of the United States Constitution. While the leaders of the American Revolution rejected Blackstone's views on parliamentary sovereignty, the framers of the Constitution drew on his analysis of legal principles when crafting a system of government for the former colonies. Blackstone's interpretation of the common law, therefore, played a significant role in shaping the legal foundations of the new nation.
The Commentaries also had a substantial impact on legal education in the United States. They were required reading for most lawyers in the colonies and, for many, they were the only legal text available. Blackstone's work gave the law "a veneer of scholarly respectability" and helped solidify legal thinking at a time when legal education had stalled. The Commentaries were also influential in shaping the structure of legal education in the United States, as Blackstone included his plan for a dedicated School of Law in the Commentaries after it was rejected by the University of Oxford.
Furthermore, Blackstone's ideas on freedom of the press and libel influenced the understanding of the freedom of the press clause of the First Amendment. Blackstone argued against prior restraint, asserting that the government should not create regulations that inhibit publishers before they have printed anything. However, he recognised the government's power to regulate printing after publication, particularly in cases of libel, which he saw as a threat to public peace. This interpretation of the relationship between press freedom and libel informed the Founders' understanding of the First Amendment's protections.
Even today, Blackstone's Commentaries continue to be cited by lawyers and judges in the United States when interpreting American laws and the Constitution. The Supreme Court of the United States refers to Blackstone's work in historical discussions, demonstrating the enduring influence of his ideas on the American legal system.
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The common law's readability
William Blackstone's Commentaries on the Laws of England, published in four volumes from 1765 to 1769, is a treatise on English law that outlines the principles of liberty that later formed the foundations of the First Amendment. Blackstone's work is notable for its contribution to the common law tradition, making it readable and understandable by non-lawyers for the first time.
Blackstone's Commentaries offer a comprehensive examination and systematization of English law, covering topics such as constitutionalism and common law. The Commentaries were influential because they were readable and met a need, especially in the developing United States and Canada. In the United States, the common law tradition was spreading into frontier areas, but it was impractical for legal professionals to carry large libraries containing common law precedents. Blackstone's four volumes provided a portable and concise version of the common law tradition, making it accessible to lawyers and judges in these regions.
Blackstone's work was also significant in that it shaped the thinking of the Founding Fathers and influenced the content of the Declaration of Independence and the United States Constitution. Blackstone's conservative vision of English law as a force to protect people, their liberty, and their property had a profound impact on the ideologies that supported the American Revolution. His interpretation of the common law, including his views on the freedom of the press and the right to revolution, informed the legal principles that governed the former colonies.
Blackstone's Commentaries on the Laws of England is, therefore, a highly influential work that played a crucial role in shaping legal understanding and practice in England and the developing United States. By making the complex body of common law accessible and understandable to a wider audience, Blackstone's work continues to be referenced and studied today.
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Blackstone's views on libel and seditious libel
William Blackstone's treatise on English law outlined principles of liberty that were later foundational to the First Amendment. Blackstone's work was particularly important in elucidating the rights of individuals against the government and protecting liberty against the actions of officials seeking to silence criticism and suppress the ability of the press to inform the public.
Blackstone opposed governmental licensing of the press and prior restraint of publication. He defined prior restraint as the government's inability to create regulations, such as requiring a license to publish, that would punish or inhibit publishers before they had printed anything. However, Blackstone acknowledged the government's right to punish "blasphemous, immoral, treasonable, schismatical, seditious or scandalous libels."
In the context of seditious libel, Blackstone's "Commentaries on the Laws of England" made no provision for a jury trial, allowing the government to decide cases in which it was the object of the alleged libel. The Federalists departed from this principle in the Sedition Act of 1798, explicitly providing that truth could be a defense and that a jury would try such cases.
In conclusion, while Blackstone's views on libel and seditious libel were influential in shaping the American legal system, they were not universally accepted and have been modified over time to align with republican values and protect freedom of speech and the press.
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Blackstone's interpretation of criminal law
In his Commentaries, Blackstone sought to explain how the criminal laws of England were just and merciful, despite their reputation for severity (they later became known as the Bloody Code). Blackstone acknowledged the existence of 160 crimes that were punishable by instant death, but he assured his readers that the laws were not always enforced and that the King's power of pardon could correct any injustices.
Blackstone's treatise outlined principles of liberty that later formed the foundations of the First Amendment. He wrote that "the liberty of the press is indeed essential to the nature of a free state", but that this liberty consisted primarily of "laying no previous restraints upon publication". This legal principle, known as "prior restraint", means that the government cannot create regulations that punish or inhibit publishers before they have printed anything.
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Blackstone's influence on the First Amendment
William Blackstone's treatise, "Commentaries on the Laws of England", published in four volumes from 1765 to 1769, is considered a highly influential work on English law, particularly in the American colonies. The Commentaries played a significant role in shaping the legal principles that would govern the former colonies and, ultimately, the United States Constitution, including the First Amendment.
Blackstone's Commentaries offered a comprehensive examination and systematization of English law, including constitutionalism and common law. While Blackstone's ideas were influenced by John Locke, he disagreed with Locke's concept of revolution, acknowledging it only in theory. He asserted that power returned to the people only when sovereign power was utterly destroyed, resulting in his belief in parliamentary sovereignty.
Blackstone's Commentaries also addressed the common law understanding of libel, which the Founders partially rejected. Firstly, Blackstone held that in civil cases, the truth of the libel was irrelevant to its defence, as the tendency of libels to create animosities and disturb the public peace took precedence. Secondly, the Commentaries did not provide for a jury trial in cases of seditious libel, allowing the government to decide on alleged libels against itself. These interpretations influenced the drafting of the Sedition Act of 1798, where the Federalists explicitly provided for truth as a defence and ensured jury trials in such cases.
Additionally, Blackstone's work outlined principles of liberty that became the foundations of the First Amendment. He asserted the rights of individuals, including personal security, personal liberty, and possession of private property. These rights were protected by the individual's right to have and use arms for self-preservation and defence. Blackstone's ideas on liberty and the role of law in protecting these liberties had a profound impact on the ideologies that supported the American Revolution and the Constitution.
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Frequently asked questions
William Blackstone's concept of common law was outlined in his treatise "Commentaries on the Laws of England", published in four volumes from 1765 to 1769. The treatise offered a comprehensive examination and systematization of English law, making it coherent and accessible to laypeople. Blackstone's work was highly influential in shaping the American legal system and is still cited today.
Blackstone's "Commentaries on the Laws of England" was influential because it was written in a clear and readable style, making the complex body of common law intelligible to non-lawyers. It provided a handy and portable summary of the common law tradition, which was especially useful in the developing United States and Canada. Blackstone's conservative vision of English law as a force to protect people, their liberty, and their property also resonated with the ideologies of the American Revolution.
Blackstone's concept of common law had a significant impact on the First Amendment. He outlined principles of liberty, including his interpretation of freedom of the press and his views on governmental licensing and prior restraint of publication. Blackstone also contributed to the understanding of property rights, with his volume "The Rights of Things" focusing on real property and the law of land.
Blackstone's interpretation of libel and freedom of the press was complex. On the one hand, he insisted that "the liberty of the press is indeed essential to the nature of a free state," arguing against prior restraint on publication. However, he recognized the government's power to regulate printing after the fact and the right to punish "blasphemous, immoral, treasonable, schismatical, seditious or scandalous libels." Blackstone's views on libel informed the Founders' understanding of the freedom of the press clause in the First Amendment.
