Sir William Blackstone - Essay Example

Sir William Blackstone William Blackstone, born in the year 1723 in London, England remains an important figure in the field of law in England and the United States. He was inspired to pursue law after reading the book Doctor and Student, written by a sixteenth Century English lawyer, Christopher St. Germain. In the year 1741, Blackstone enrolled for a Law course at the Middle Temple in London. After two years, he joined the All Souls College as a fellow. He finally graduated with a Bachelor of Civil Laws Degree from Oxford in the year 1745. In practising his law profession, Blackstone delivered lectures on Common Law (Douglas, 2007). Today, Sir William Blackstone remains popular in the history of legal systems of both England and the United States. This paper discusses the strengths and weaknesses of Sir William Blackstone, and identifies his relevance to law. Sir William Blackstone exhibited different strengths that enabled him to practise law in the best way, and leave a legacy in the field. First, Blackstone is considered to have been a better commentator, as compared to being a judge. Starting the year 1758, Sir William Blackstone delivered lectures to university students on the English Law. He spoke and lived in the times of Benjamin Franklin and Adam Smith, when law was part of everyday life, but closed to most people. William Blackstone is considered to have opened the law to many people, for whom the law had been closed. The lectures that William Blackstone delivered were a great success. These were published as Commentaries in England between the years 1765 and 1769 (Sheppard, 1999). In the 19th Century, William Blackstone was more famous in the United States, as compared to England, his native land. After the American Revolutionary War, Blackstone’s commentaries provided the major knowledge of English law in the United States (Sheppard, 1999). However, by the end of the 19th Century, most legal scholars in the United States had started to break away from the influence of Blackstone’s commentaries. By the mid-20th Century, only a few legal scholars had read Blackstone’s commentaries as a classic. However, today, most legal scholars and Americans in the United States still consider Blackstone as an important symbol in the field of law. Another strength of William Blackstone is depicted in the style he wrote the Commentaries. The Commentaries exhibit great simplicity, elegance, and clarity, especially in the language that was used to write it. The literary qualities employed are considered high, as well as the aspect of flattery on the side of public prejudices. For this reason, William Blackstone’s work had a great influence in England. This was accepted by the public and authorities in England as a revelation of the law that was highly authoritative. This served the same purpose to the educated class of England, as that of the publications of the previously unknown Roman laws to the Romans. Today, most of the English people still consider the criticism of William Blackstone of the English constitution, as a major political conviction (Kadens, 2009). To a larger extent, Sir William Blackstone had considerable weaknesses, which became a basis for his critics. First, Blackstone is considered to have had only a vague grasp of the basic conceptions of law. This is evident in his regard for the English law during his time. His perception of municipal laws was also highly questionable. He is also considered not to have proper conception of the technical terms of the Roman law, owing to his distinction between the rights that pertain to people and those that pertain to things. Although William Blackstone did not perform only the work that pertains to a legal commentator, he failed to address some important aspects in the social realm that would be of benefit to the public. This therefore, can be considered as a weakness on the side of William Blackstone. Apart from his work as a legal commentator, Sir William Blackstone also focused on the framework of the society. However, he failed to focus on all historical English institutions with regard to philosophy and fairness (Ravington, C. & F., 2014). This therefore, brings him out as having shown support for the social and political order that existed during that period. Another weakness of Sir William Blackstone lies in some parts of his Commentaries. Although the Commentaries was widely accepted, the critics of William Blackstone identified some areas in this book that they considered a weakness on the side of Blackstone William. Jeremy Bentham, a philosopher and legal reformer, considered Blackstone to be opposed to reformation. This assumption was based on Blackstone’s perception of dissent in law as crime (Ravington, C. & F., 2014). However, William Blackstone being an expositor of law, this criticism of him is not wholly valid. Blackstone was known to not defend status quo or vested interests. Although he acknowledged the constitution of England as having been developed well, he noted that the constitution had considerable faults. In fact, in some parts of his Commentaries, William Blackstone proposed reforms in the parliament (Kadens, 2009). Nonetheless, it can be argued that the sole purpose of Blackstone’s Commentaries was not to advocate for reform, hence criticism based on this aspect can be considered weak. Sir William Blackstone remains relevant in the field of law today, even though his works are more than one century old. Different aspects with regard to the life and professional work of Blackstone emphasize his relevance in law. For instance, the lectures of William Blackstone that were printed under the title Commentary on the Laws of England, became the underpinnings for practice of law in the colonial era and in America long thereafter. The commentary was also used to train future lawyers in America and England, as it became the basis of university legal education (Sheppard, 1999). His works continued to dominate the common law legal system for more than one century. For instance, the commentary influenced the Declaration of Independence, the Constitution, as well as primal laws in the United States (Kadens, 2009). In conclusion, Sir William Blackstone is considered to have contributed greatly to the field of law in the United States and England. In the both countries, William Blackstone had an influence on laws, legal scholars and professionals, as well as constitution. The strengths of Sir William Blackstone contributed to his legacy in the field of law. On the other hand, some of the weaknesses of Sir William Blackstone were the basis of his criticism. Nonetheless, regardless of his weaknesses and critics, Sir William Blackstone remains a success in the field of law. Although only few modern students of law might be familiar with the works of Sir William Blackstone, he still goes in record as an important contributor to the field of law throughout the past three centuries. References Douglas, D. (2007). The biographical history of Sir William Blackstone. New York: the New York Public Library. Kadens, E. (2009). Justice Blackstone‘s Common Law Orthodoxy. Northwestern University Law Review, 103 (4): 1553-1606. Ravington, C. & F. (2014). The British Critic, Volume 39. London: Ravington, C. & F. Sheppard, S. (1999). The History of Legal Education in the United States: Commentaries and Primary Sources, Volume 1. New York: The Lawbook Exchange, Ltd. 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