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
those of England must in time perish, it made him give the naïve reply
that Rome, Sparta, and Carthage, at the time when their liberties
were lost, were strangers to trial by jury. It made him spend all his
ingenuity in defending the rule of descent which excluded kinsmen of
the half-blood. And it was the chief cause of the contempt which,
like Coke, he had for statute law. Though he never ventures to say
so in plain terms, as his predecessors did with something more than
rhetorical belief, yet at heart he is convinced that the common law is
the perfection of reason.
Yet to represent Blackstone’s mind as absolutely stationary would
be unjust; for now and again he puts forward a gentle suggestion of
improvement. He draws attention to defects in the system of trial
by jury, and makes several excellent proposals for its amendment.
He even anticipates the legislation of our own day when he points
out that our laws are faulty in not constraining parents to bestow a
proper education on their children. He recognises the possibility of
a change in political representation, which would admit the people to
a somewhat larger share; and it is doubtless on the strength of that
mild admission that Major Cartwright included him in the list of men
conversant with public affairs who had expressed themselves in favor
either of a fair representation or of short parliaments. The criminal
law seemed to him very far from perfect. Within his own lifetime it
had been made a capital crime to break down the mound of a fish-pond
whereby any fish should escape, or to cut down a cherry-tree in an
orchard. These laws would never have been passed, he says, with a
confidence which it is not easy to share, if, as was usual with private
bills in his days, public bills had been first referred to some of
the learned judges for their consideration. It was still felony
without benefit of clergy to be seen for one month in the company of
the persons called Egyptians. He believed that this would not have
continued, if a committee were appointed at least once in a hundred
years to revise the criminal law—a proposal which his friend Daines
Barrington made about the same time and worked out in some detail.
Public-domain text, read in full here on John Shaqi.
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