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
WITHOUT detracting therefore from the real merit which abounds in the
imperial law, I hope I may have leave to assert, that if an Englishman
must be ignorant of either the one or the other, he had better be a
stranger to the Roman than the English institutions. For I think it an
undeniable position, that a competent knowlege of the laws of that
society, in which we live, is the proper accomplishment of every
gentleman and scholar; an highly useful, I had almost said essential,
part of liberal and polite education. And in this I am warranted by
the example of antient Rome; where, as Cicero informs us[a], the very
boys were obliged to learn the twelve tables by heart, as a _carmen
necessarium_ or indispensable lesson, to imprint on their tender minds
an early knowlege of the laws and constitutions of their country.
[Footnote a: _De Legg._ 2. 23.]
BUT as the long and universal neglect of this study, with us in
England, seems in some degree to call in question the truth of this
evident position, it shall therefore be the business of this
introductory discourse, in the first place to demonstrate the utility
of some general acquaintance with the municipal law of the land, by
pointing out its particular uses in all considerable situations of
life. Some conjectures will then be offered with regard to the causes
of neglecting this useful study: to which will be subjoined a few
reflexions on the peculiar propriety of reviving it in our own
universities.
AND, first, to demonstrate the utility of some acquaintance with the
laws of the land, let us only reflect a moment on the singular frame
and polity of that land, which is governed by this system of laws. A
land, perhaps the only one in the universe, in which political or
civil liberty is the very end and scope of the constitution[b]. This
liberty, rightly understood, consists in the power of doing whatever
the laws permit[c]; which is only to be effected by a general
conformity of all orders and degrees to those equitable rules of
action, by which the meanest individual is protected from the insults
and oppression of the greatest. As therefore every subject is
interested in the preservation of the laws, it is incumbent upon every
man to be acquainted with those at least, with which he is immediately
concerned; lest he incur the censure, as well as inconvenience, of
living in society without knowing the obligations which it lays him
under. And thus much may suffice for persons of inferior condition,
who have neither time nor capacity to enlarge their views beyond that
contracted sphere in which they are appointed to move. But those, on
whom nature and fortune have bestowed more abilities and greater
leisure, cannot be so easily excused. These advantages are given them,
not for the benefit of themselves only, but also of the public: and
yet they cannot, in any scene of life, discharge properly their duty
either to the public or themselves, without some degree of knowlege in
the laws.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account