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Blackstone and his Commentaries: Biography, Law, History

Edited by: Wilfred Prest

ISBN13: 9781849466424
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £26.99
Hardback edition , ISBN13 9781841137964

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One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars.

The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution.

The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection.

Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe.

Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence.

Legal History
I Life
1. Blackstone and Biography - Wilfrid Prest
2. A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews
3. 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter
4. William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle

II Thought
5. Blackstone on Judging - John H Langbein
6. Blackstone's Rules for the Construction of Statutes - John V Orth
7. Blackstone and Bentham on the Law of Marriage - Mary Sokol
8. Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton
9. Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony
10. Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham

III Influence
11. American Blackstones - Michael Hoeflich
12. Did Blackstone get the Gallic Shrug? - John Emerson
13. Blackstone in Germany - Horst Dippel
IV Sources
14. Bibliography - Morris Cohen
15. Iconography - J H Baker and Wilfrid Prest