Deaths on February 14

William Blackstone, English jurist and politician (b. 1723)

Sir William Blackstone: A Luminary of English Law and Architect of Common Law's Global Reach

Sir William Blackstone (10 July 1723 – 14 February 1780) stands as one of the most influential figures in English legal history, an eminent English jurist, judge, and Tory politician of the eighteenth century. His enduring legacy is inextricably linked to his monumental work, the Commentaries on the Laws of England, a foundational text that systematically organized and articulated the principles of English common law, profoundly shaping legal thought and practice across the Anglosphere.

Early Life, Education, and the Genesis of a Legal Mind

Born into a middle-class London family, Blackstone’s intellectual journey began with a rigorous education. He attended Charterhouse School, a prestigious public school with a long history, before matriculating at Pembroke College, Oxford, in 1738. At Oxford, he pursued a Bachelor of Civil Law degree, a demanding course of study rooted in Roman law, which provided a comprehensive intellectual framework that would later inform his approach to English common law. His academic excellence was recognized on 2 November 1743 when he was made a fellow of All Souls College, Oxford, a highly esteemed and intellectually vibrant institution. Following his admission to the Middle Temple, one of the four Inns of Court crucial for legal training, he was called to the Bar in 1746, marking the formal beginning of his career as a barrister.

However, Blackstone’s initial years at the Bar were characterized by a slow start, a common challenge for young lawyers in the competitive legal landscape of the 18th century. This period saw him pivot towards university administration, where his organizational talents shone. He took on significant roles at All Souls, serving as accountant, treasurer, and bursar from 28 November 1746, and later as Senior Bursar in 1750. During this time, Blackstone demonstrated remarkable administrative acumen, notably overseeing the completion of the Codrington Library and the Warton Building. He also played a crucial role in simplifying the complex and often archaic accounting system used by the college, demonstrating his practical skills and commitment to institutional efficiency.

Pioneering Legal Lectures and the Birth of Academic Law

A pivotal moment in Blackstone’s career and the history of legal education occurred on 3 July 1753, when he formally relinquished his barrister practice. Instead, he embarked on an unprecedented series of lectures on English law, an endeavor that was groundbreaking for its time. Prior to Blackstone, legal education in England was largely vocational, conducted through apprenticeships at the Inns of Court, rather than as an academic discipline studied at universities. His lectures sought to introduce the common law into the hallowed halls of academia, providing a structured and systematic exposition of the legal system.

These lectures proved massively successful, drawing a substantial audience and generating significant income, earning him a total of £453 (equivalent to approximately £72,000 in 2022 terms). The overwhelming demand for his insights led to the publication of An Analysis of the Laws of England in 1756. This concise yet comprehensive work repeatedly sold out and served as a crucial precursor and foundational outline for his later, more extensive treatises, cementing his reputation as a leading legal scholar.

The Vinerian Professorship and the Magnum Opus

Blackstone’s innovative approach to legal scholarship did not go unnoticed. On 20 October 1759, he was confirmed as the very first Vinerian Professor of English Law at Oxford University, a prestigious chair established through the bequest of Charles Viner, an eminent legal reporter. This appointment was a landmark event, officially integrating the study of English common law into university curricula for the first time. He immediately launched into another popular series of lectures, which in turn led to the publication of a similarly successful second treatise, A Discourse on the Study of the Law, further solidifying his academic standing.

With his growing fame and established intellectual authority, Blackstone successfully returned to the Bar, where he maintained a good and lucrative practice. His rising prominence also extended to the political sphere; he secured election as a Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. A "rotten borough" was a parliamentary constituency with a very small electorate, often controlled by a single patron or family, a common feature of the unreformed British electoral system of the 18th century, which allowed for significant political influence with minimal popular support.

The culmination of Blackstone’s life’s work arrived in November 1765 with the publication of the first of four volumes of his opus magnum, the Commentaries on the Laws of England. This monumental work, completed in its entirety by 1769, became an instant classic, systematically cataloging and explaining the entire body of English common law. The Commentaries were not only a scholarly triumph but also a significant commercial success, earning Blackstone a substantial £14,000 (an astonishing sum equivalent to approximately £1,990,000 in 2022 terms), reflecting its unprecedented demand and wide circulation.

Following several unsuccessful attempts, Blackstone finally achieved his aspiration of a judicial appointment. On 16 February 1770, he was appointed a Justice of the Court of King's Bench, one of England's superior courts of common law, primarily dealing with criminal matters and public law. Shortly thereafter, on 25 June, he transferred to replace Edward Clive as a Justice of the Common Pleas, a court responsible for civil disputes between private individuals. He served diligently in this distinguished judicial capacity until his death on 14 February 1780.

The Enduring Legacy of Blackstone's Commentaries

Blackstone's four-volume Commentaries on the Laws of England were meticulously designed to provide a comprehensive, systematic, and accessible overview of the entirety of English law. The work was logically structured into four distinct books: "Of the Rights of Persons," detailing the rights and duties of individuals; "Of the Rights of Things," concerning property law; "Of Private Wrongs," covering torts and civil remedies; and "Of Public Wrongs," addressing criminal law and procedure. This structured approach, a novelty for its time, made the complex body of common law understandable to lawyers and laypersons alike.

The Commentaries' immense utility and intellectual rigor led to its repeated republication throughout Blackstone's lifetime and beyond, with new editions appearing in 1770, 1773, 1774, 1775, 1778, and a significant posthumous edition in 1783. Its practical relevance ensured that reprints of the first edition, intended for everyday legal use rather than mere antiquarian interest, continued to be published in England and Wales well into the 1870s. Furthermore, a widely used working version by Henry John Stephen, first published in 1841, remained in print and was frequently consulted until after the Second World War, underscoring its unparalleled longevity and influence as a legal resource.

Before Blackstone, formal legal education in England had largely stagnated, relying heavily on an informal apprenticeship model within the Inns of Court. Blackstone's groundbreaking work, particularly his lectures and the subsequent Commentaries, transformed this landscape, giving the previously disparate and uncodified common law "at least a veneer of scholarly respectability." He elevated the study of English law into a legitimate academic discipline, making it amenable to systematic understanding and teaching.

The global impact of the Commentaries is perhaps best encapsulated by William Searle Holdsworth, one of Blackstone's distinguished successors as Vinerian Professor, who famously argued, "If the Commentaries had not been written when they were written, I think it very doubtful that the United States, and other English speaking countries would have so universally adopted the common law." This statement highlights the critical role Blackstone played in disseminating and solidifying common law principles across emerging nations and colonial territories. Indeed, in the United States, the Commentaries became the foundational legal text for generations of lawyers, judges, and statesmen. Key figures in American history, including Alexander Hamilton, John Marshall, James Wilson, John Jay, John Adams, and Abraham Lincoln, were profoundly influenced by Blackstone's articulation of law. Its principles guided the drafting of the U.S. Constitution, informed the development of American jurisprudence, and continue to be cited frequently in Supreme Court decisions, a testament to its enduring authority and relevance in contemporary legal discourse.

Frequently Asked Questions about Sir William Blackstone

What is Sir William Blackstone best known for?

Sir William Blackstone is best known for authoring the Commentaries on the Laws of England, a comprehensive four-volume treatise that systematically organized and explained English common law, profoundly influencing legal systems worldwide.

What was the significance of the Commentaries on the Laws of England?

The Commentaries were significant because they transformed English law from an uncodified collection of precedents into a coherent, accessible academic discipline. They served as the primary legal textbook for centuries, shaping legal education, practice, and the development of common law in numerous English-speaking countries, most notably the United States.

How did Blackstone influence legal education?

Blackstone revolutionized legal education by being the first to systematically teach English common law at a university (Oxford, as the inaugural Vinerian Professor). His lectures and the subsequent Commentaries moved legal study from an informal apprenticeship model to a structured academic discipline, providing a scholarly foundation for legal understanding.

What was the impact of Blackstone's work on the United States?

Blackstone's Commentaries had an immense impact on the United States, serving as the foundational legal text for the Founding Fathers and early American jurists. It influenced the drafting of the U.S. Constitution, the development of American common law, and continues to be frequently cited in Supreme Court decisions, making it a cornerstone of American jurisprudence.