Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
AFTER what has been premised in this chapter, I shall not (I trust) be
considered as an advocate for arbitrary power, when I lay it down as a
principle, that in the exertion of lawful prerogative, the king is and
ought to be absolute; that is, so far absolute, that there is no legal
authority that can either delay or resist him. He may reject what
bills, may make what treaties, may coin what money, may create what
peers, may pardon what offences he pleases: unless where the
constitution hath expressly, or by evident consequence, laid down some
exception or boundary; declaring, that thus far the prerogative shall
go and no farther. For otherwise the power of the crown would indeed
be but a name and a shadow, insufficient for the ends of government,
if, where it's jurisdiction is clearly established and allowed, any
man or body of men were permitted to disobey it, in the ordinary
course of law: I say, in the _ordinary_ course of law; for I do not
now speak of those _extraordinary_ recourses to first principles,
which are necessary when the contracts of society are in danger of
dissolution, and the law proves too weak a defence against the
violence of fraud or oppression. And yet the want of attending to this
obvious distinction has occasioned these doctrines, of absolute power
in the prince and of national resistance by the people, to be much
misunderstood and perverted by the advocates for slavery on the one
hand, and the demagogues of faction on the other. The former,
observing the absolute sovereignty and transcendent dominion of the
crown laid down (as it certainly is) most strongly and emphatically
in our lawbooks, as well as our homilies, have denied that any case
can be excepted from so general and positive a rule; forgetting how
impossible it is, in any practical system of laws, to point out
beforehand those eccentrical remedies, which the sudden emergence of
national distress may dictate, and which that alone can justify. On
the other hand, over-zealous republicans, feeling the absurdity of
unlimited passive obedience, have fancifully (or sometimes factiously)
gone over to the other extreme: and, because resistance is justifiable
to the person of the prince when the being of the state is endangered,
and the public voice proclaims such resistance necessary, they have
therefore allowed to every individual the right of determining this
expedience, and of employing private force to resist even private
oppression. A doctrine productive of anarchy, and (in consequence)
equally fatal to civil liberty as tyranny itself. For civil liberty,
rightly understood, consists in protecting the rights of individuals
by the united force of society: society cannot be maintained, and of
course can exert no protection, without obedience to some sovereign
power: and obedience is an empty name, if every individual has a right
to decide how far he himself shall obey.
Public-domain text, read in full here on John Shaqi.
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