William Blackstone
William Blackstone
Sir William Blackstone SL KCwas an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls, Oxford on 2 November 1743, admitted to Middle Temple, and called...
NationalityEnglish
ProfessionJudge
Date of Birth10 July 1723
To deny the possibility, nay, the actual existence of witchcraft and sorcery, is at once flatly to contradict the revealed word of God in various passages both of the Old and New Testament, and the thing itself is a Truth to which every nation in the world hath, in its turn, borne testimony, by either example seemingly well attested or by prohibitory laws, which at least suppose the possibility of a commerce with evil spirits.
The law rarely hesitates in declaring its own meaning; but the Judges are frequently puzzled to find out the meaning of others.
Man must necessarily be subject to the laws of his Creator. This will of his Maker is called the Law of Nature. This Law of Nature is superior to any other. No human laws are of any validity if contrary to this.
Law is the embodiment of the moral sentiment of the people.
So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
In all tyrannical governments the supreme magistracy, or the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.
Man..must necessarily be subject to the laws of his Creator, for he is entirely a dependent being..And, consequently, as man depends absolutely upon his Maker for everything, it is necessary that he should in all points conform to his Maker's will.
By marriage the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during marriage.
Of crimes injurious to the persons of private subjects, the most principal and important is the offense of taking away that life, which is the immediate gift of the great creator; and which therefore no man can be entitled to deprive himself or another of, but in some manner either expressly commanded in, or evidently deducible from, those laws which the creator has given us; the divine laws, I mean, of either nature or revelation.
Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate, or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey.
The most universal and effectual way of discovering the true meaning of law, when the words are dubious, is by considering the reason and spirit of it; or the cause which moved the legislator to enact it. for when this reason ceased, the law itself ought likewise to cease with it.