SIR. WILLIAM BLACKSTONE AND THE COMMON LAW
SIR. WILLIAM BLACKSTONE AND THE COMMON LAW
Among the English Jurists, and the doctrinal development of the English Law, Sir. William Blackstone name, is eminent, though, not touted as extraordinary advocate before the English Court, in the midst of colleagues, yet, his compendium of commentaries, had a significant influence in the development of the Common law doctrine, and did cast eternal light, as shield against tyranny of Sovereignty. Hence, is the subject of discuss.
The English common law, in it early birth, consisted of procedural remedies to ‘rights’, in the early middle ages, for the King’s Court. The continual working out of these procedural remedies, produced a modern system, in which, ‘rights’ were seen as a primary request, over the procedures, as a practice that became a substantive rules creation, after the Norman Conquest, in replace of the Anglo-Saxons succession, as a colonial rule in the year (1066) of our Common era.
The newly centralized government of the Anglo-Norman, centralized their Judiciary, to uphold a practice of outlawry, where actions and deeds of a person, is confined within the law. Thou, in the reign of King Henry II, the administration of Justice, became preeminent, where the Church and the Kingdom, had separate laws and Court systems, with centuries of rivalry over jurisdiction, with the appeals of the Church Court, taken to Rome, because of it Canon law development by the Rome University, in the 12th Century, for the English Church Courts, while the customs of the Anglo-Norman, largely on Feudal Land law, Compensation for exercising wardship and marriage, Successions, Tenancy, Impact of inflation's, Inheritance,etc... in it improved remedies, held at the King’s Court, in the same era. Hence, led to the elaboration, and standardization of both the Church rules, and the customs of the Kingdom, forged together, to serve as the foundation, and the origin of the common law.
Therein, a young boy, William Blackstone, born on the 10th July 1723 at Cheapside, London; as the fourth born son of Mr. Charles Blackstone and Mrs. Mary Blackstone. William, got admitted to Charter House School, in the year (1730), at the age of (7)year. A school founded by Mr. Thomas Sutton in the year (1611) in Godalming, Surrey, England.
On the 1st of October 1738, William Blackstone was offered a Scholarship, based on academic excellence, at the Charter House School, towards his admission at Pembroke College, Oxford University, at the age of (15)years. After a year and half study of Bachelor of Arts, he got re-admitted to the study of the programme, Bachelor of Civil Law degree, which was the only recognized legal programme of the Oxford University, as at 9th July 1740; and required seven years of completion, and got admitted to the middle Temple, as a Barrister in the year (1748), and follow-up with his election, as a fellow to All Souls College, Oxford, at the age of (25)years. He went ahead to pursue his Doctor of Civil Law degree, and graduated in the year (1751), at the age of (28)years, and got admitted to convocation, by the governing body of Oxford University, in his 29th birth day. And did personally announced his intent, as a resident scholar for Oxford University, on the 3rd July 1753. Afterwards, got appointed as the Chief legal officer of the Chancellor’s Court.
On the 20th October 1759, Dr. William Blackstone was appointed, as the first vinerian professor of English Law, for Oxford University, at the age of (36)years. And later became, a Justice of the Common Pleas, and Serjeant-at-law, on the 9th February 1770 at the age of (47)years. As earlier alluded to, the eminence of the name William Blackstone in English Law, significantly depends on his commentaries of the laws of England as at then, which served as the best known description, for the doctrines of the English common law. These commentaries, were compartmentalized into four books, as follows;
I. Of the Rights of Persons, a book, which dealt with the family and public law.
II. Of the Rights of Things, a book, which outline real-property law.
III. Of Private Wrongs, a book, which discussed Civil liability, Courts and Procedures.
IV. Of Public Wrongs, a book, which dealt excellently with criminal law.
Even though, there were criticism on his work by few proponent, who believed his work, was full of superficiality, and lack of historical sense; largely, his works were acknowledged by many, as a style and intelligibility, especially, with majority of the English lawyers, and regarded it, as authoritative exposition of the common law. His work grew more famous, after the American declaration of Independence, in the year (1776).
The Blackstone commentaries of the English law, became the chief source of knowledge, in the American new World, hence, his efforts has been recognized, as an extraordinary influence, in the development of the common law doctrine.
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Photo of Sir. William Blackstone © Thomas Hamilton Crawford (1860 -1948), Digital Collection of British Library
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Emmanuel Tweneboah Senzu, DBA., Ph.D., SJD.
Professor of Constitutional Law and Economic Criminology, fellow, University of Sierra Leone.
Fulbright Research Fellow, J. Reuben Clark Law School, Brigham Young University, USA.
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