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Virtual Law Library

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Virtual Law Library

Postby lostandfound » Tue Feb 22, 2011 6:16 pm

http://librivox.org/commentaries-on-the ... lackstone/

Commentaries on the Laws of England (1765)
by William Blackstone

The Commentaries on the Laws of England are an influential 18th century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769.

The Commentaries were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. The work is as much an apologia for the legal system of the time as it is an explanation; even when the law was obscure, Blackstone sought to make it seem rational, just, and inevitable that things should be how they were.

http://thesecretpeople.wordpress.com/library/
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Re: Virtual Law Library

Postby grndslm » Tue Feb 22, 2011 8:46 pm

So if I want to learn Common Law, Blackstone's Commentaries is where it's at??

That last link is quite the eye-catcher. Will definitely have to put my E-reader to some real use after that catch.
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Re: Virtual Law Library

Postby lostandfound » Tue Feb 22, 2011 8:56 pm

grndslm wrote:So if I want to learn Common Law, Blackstone's Commentaries is where it's at??

That last link is quite the eye-catcher. Will definitely have to put my E-reader to some real use after that catch.


No,.....well yes, but i like this,it is more exciting. ;) =

http://commonlawjurisdiction.wordpress.com/

Start there.
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Re: Virtual Law Library

Postby Shikamaru » Fri Feb 25, 2011 6:27 pm

grndslm wrote:So if I want to learn Common Law, Blackstone's Commentaries is where it's at??


It is a portion of English Common Law. The body of English Common Law is quite extensive from King Alfred's Book of Domes (pronounced dooms) to Blackstone's Commentaries and everything in between. Let's not forget other venerable writers (which were many) on Common Law including the Chittys, Glanville, Edward Coke, and many more as well as jurists such as Hale, Holt, Coke, Mansfield, and more.

Let us not forget the major documents of English Common Law i.e. Magna Carta, Charter of the Forest, English Bill of Right, etc.

There are also the statutes of Parliament as well as the edicts of the Kings.

Common Law was also called "the King's Law" by the subjects. The book History of the American Bar by Charles Warren will shed more light on the previous statement.

Common Law was developed primarily through and under feudalism. I, personally, would divide common law into two periods: Anglo-Saxons and after the invasion of the Normans.

The courts were just as much political institutions controlled by the King as they were about rendering "justice" (to each man his due).

Common Law was just as much about property and rights as it was about militarism and control.
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Re: Virtual Law Library

Postby lostandfound » Fri Feb 25, 2011 8:24 pm

You might be familiar with, http://www.ecclesia.org/truth/common_law.html

Shikamaru, Great post,thank you for that. I like Coke. ;)

The common law, which is derived from two sources, the common law of England, and the practice and decisions of our own courts. It is very difficult, in many cases, to ascertain what is this common law, and it is always embarrassing to the courts. Kirl. Rep. Pref. In some states, it has been enacted that the common law of England shall be the law, except where the same is inconsistent with our constitutions and laws. Customs which have been generally adopted by the people, have the force of law. The principles of the Roman law, being generally founded in superior wisdom, have insinuated themselves into every part of the law. Many of the refined rules which now adorn the common law appear there without any acknowledgment of their paternity, and it is at this source that some judges dipt to get the wisdom which adorns their judgments. The proceedings of the courts of equity and many of the admirable distinctions which manifest their wisdom are derived from this source. To this fountain of wisdom the courts of admiralty owe most of the law which governs in admiralty cases.
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Re: Virtual Law Library

Postby Shikamaru » Sat Feb 26, 2011 5:42 am

lostandfound wrote:You might be familiar with, http://www.ecclesia.org/truth/common_law.html

Shikamaru, Great post,thank you for that. I like Coke. ;)


Coke is the shizz. I learned sooo much from his writings ...
You'll never be the same after reading his writings. His writings would have had great influence upon the "Founding Fathers".

Coke is great to read to gain context of common law before the U.S. Constitution.

Blackstone is great to read to gain context of common law after the U.S. Constitution.

I forgot to add that Common Law was just as much about customs (probably more so before the invasion of the Normans) as it is about law.

Law can mean 'will'.
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Re: Virtual Law Library

Postby lostandfound » Sun Dec 18, 2011 5:01 pm

"None are more hopelessly enslaved than those who falsely believe they are free. The truth has been kept from the depth of their minds by masters who rule them with lies. They feed them on falsehoods till wrongs look like right in their eyes." ~ Johann Wolfgang von Goethe
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