A New Blackstone

William Blackstone, Commentaries on the Laws of England (Ruth Paley & Wilfrid Priest eds., Oxford University Press, 2016). Brian Bix William Blackstone was for a long time one of the central figures of both British and American legal thought. His Commentaries on the Laws of England was the text by which many learned law in England. In the United States, Blackstone was equally authoritative, though often read with additional commentary (e.g., by St. George Tucker1). Blackstone’s Commentaries has also played a significant role within legal theory—especially for theorists critical of certain features of the approach to adjudication and judicial reasoning that he espoused and are large parts of Anglo-American tradition. Criticism of Blackstone and his Commentaries is, for example, integral to much of Jeremy Bentham’s writings on law.2 Bentham was an opponent of judicial law-making in general and the common law approach in particular. In a small piece…

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