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
So long as his admirers could see no defects in his work, and his
critics were blind to its merits, judgments of Blackstone kept moving
along parallel lines, and never met. Standing at this distance of time,
when the _Commentaries_ have long lost the glitter of novelty, when we
have not Bentham’s cause for anger, and when nobody retains a belief in
the infallibility of Austin, it should be possible to treat Blackstone
more fairly than either his friends or his enemies have done. There are
signs that a juster estimate is now being formed, and the clearest of
these is the testimony of one who must know by his own experience what
were the difficulties which Blackstone surmounted. Sir James Stephen
admits that he was neither a profound nor an accurate thinker, that
he is often led to speak of English law in terms of absurd praise,
and that his arrangement of the subject is imperfect. But “the fact
still remains,” he says, “that Blackstone first rescued the law of
England from chaos. He did, and did exceedingly well, for the end of
the eighteenth century, what Coke tried to do, and did exceedingly ill,
about 150 years before; that is to say, he gave an account of the law
as a whole, capable of being studied, not only without disgust, but
with interest and profit.... A better work of the kind has not yet been
written, and, with all its defects, the literary skill, with which a
problem of extraordinary difficulty has been dealt with is astonishing.”
Few authors ever had a clearer field. Long before his day, indeed, the
immense growth of the law had been regarded as a heavy burden. Lawyers
groaned, just as they groan now, over the increasing accumulation
of statutes and reports. And yet Coke upon Littleton remained the
beginner’s chief guide. Coke called his work the _Institutes of the
Laws of England_; but, whatever its other merits, it lacks every
quality which the title would suggest. It is unsystematic, undigested;
it makes no pretence of leading its reader from principles to rules;
and it spares him the details of no curious anomaly. It is like an
overgrown treatise on the subjunctive mood. The need had long been
felt for a better work; and the broad outlines had been sketched by
Hale in his admirable _Analysis of the Civil Part of the Law_, which
Blackstone followed in every essential feature. Some treatises too had
appeared written with a purely educational purpose. Of these the most
successful, long recommended as an elementary text-book for students,
was the _Institutes_ of Wood, a Buckinghamshire clergyman. It was a
praiseworthy attempt to present the law in a methodical form, but it
lacked literary merit, and had all the dulness of an epitome. It is
memorable only as the book which the _Commentaries_ displaced.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account