Eclectic Magazine of Foreign Literature, Science, and Art, May 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, May 1885
Various
American literature -- Periodicals; Literature -- Periodicals
of excessive praise, his critics, it must be allowed, did not spare
him. They have not been many, but they have spoken so emphatically,
and, within certain limits, so unanswerably, that they have aroused
suspicion whether, after all, Blackstone may not have been a charlatan.
He was naturally regarded with distrust by lawyers of the rigid
school, who felt that legal learning was gone if such primers as the
_Commentaries_ were to displace the venerable Coke. The book was not
many years old before the phrase “Blackstone lawyers” came to be
used as synonymous with smatterers in law. But such criticism had a
professional ring, and perhaps in the end did the assailed author more
good than harm.
[9] A second edition of Professor Cooley’s _Blackstone_ was published
in Chicago last year.
If nowadays the name of Blackstone is held in diminished respect, the
fact is mainly due to the contempt poured upon him by Bentham and
Austin. They mercilessly exposed his shallow and confused philosophy.
Bentham, reviewing one by one his opinions on government, maintained
that they were not so much false as wholly meaningless; and Austin
declared that neither in the general conception, nor in the detail of
his book, is there a single particle of original and discriminating
thought. It is tainted throughout, said the one, with hostility to
reform; it was popular, said the other, because it “truckled to the
sinister interests and mischievous prejudices of power.” Austin found
nothing to praise even in its style, which, though fitted to tickle the
ear, seemed to him effeminate, rhetorical, and prattling, and not in
keeping with the dignity of the subject.
Public-domain text, read in full here on John Shaqi.
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