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
There is certainly no profound nor much original thought in
Blackstone’s four volumes. Nobody was ever made better able to
comprehend a difficulty in English law by means of the notions on laws
in general to be found in that famous chapter, which, as Sir Henry
Maine puts it, may almost be said to have made Bentham and Austin into
jurists by virtue of sheer repulsion. They lead to nothing, and explain
nothing. They are rather the obeisances made by a polite professor to
his subject, or a lawyer’s invocation of his muse, than the necessary
foundations of a system. Blackstone repeats the venerable doctrine that
human laws depend on the law of nature and the law of revelation, and
that no laws are valid which conflict with these; but he never dares
to apply it to any rule of English law. And when he comes to speak
of parliament and monarchy, he has forgotten that odd proof of the
perfection of the British constitution, with its divine combination
of power, wisdom, and goodness, of which Bentham made such easy fun.
He does not so much as pretend to be original. He is so dependent on
others that he adopts not only their opinions but even their language,
and by no means always does he let us know that he is quoting. He
does not refer to Locke when he is stating, practically in Locke’s
words, the theory of the right of society to inflict punishment;
he never mentions the name of Burlamaqui, who was his guide, most
faithfully followed, in the analysis of laws in general; and he fails
to acknowledge half his obligations to Montesquieu.[10] Indeed, the
free use he makes of Montesquieu’s famous chapter on the English
constitution would be appalling, did we not remember that he was only
following a professional custom of appropriation, which legal authors
have not yet wholly abandoned. There is, in fact, scarcely a single
sentence of that chapter which has not, somewhere or other, found its
way into the _Commentaries_; and, as often as not, the Commentator
leaves us to infer that the reflections are his own.
[10] Blackstone does not seem to have read either Burlamaqui or
Montesquieu in French. He invariably uses the words of Nugent’s
translations, which had then been recently published.
Public-domain text, read in full here on John Shaqi.
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