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Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


Legal Christianity Conceived

Steven K. Green

in The Second Disestablishment: Church and State in Nineteenth-Century America

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195399677
eISBN:
9780199777150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399677.003.0005
Subject:
Religion, History of Christianity, Religion and Society

This begins a three-chapter discussion of legal disestablishment, of the development and decline of the maxim that Christianity formed part of the common law. It traces the origins of the maxim in ... More


The English Public Lawyers' Constitution

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0002
Subject:
Political Science, Comparative Politics, UK Politics

Sir Alan Lascelles states the constitution (except the bits we are not allowed to know about) in an anonymous letter ‘The doctrine of parliamentary supremacy since Blackstone’. Bagehot; Dicey; Low; ... More


Blackstone, an English Institutist: Legal Literature and the Rise of the Nation State

John W Cairns

in Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682096
eISBN:
9781474415989
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682096.003.0015
Subject:
Law, Legal History

The publication of Blackstone’s Commentaries in the 1760s initially gained a favourable reception. However, the criticisms made in 1776 by Bentham in the Fragment on Government did such serious ... More


Blackstone’s and Hale’s Doctrines of Land and Water Use

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0005
Subject:
Law, Environmental and Energy Law

In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but ... More


The Blackstone Reforms 1755–1780

Matthew Kilburn

in The History of Oxford University Press: Volume I: Beginnings to 1780

Published in print:
2013
Published Online:
August 2014
ISBN:
9780199557318
eISBN:
9780191772320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557318.003.0006
Subject:
History, Cultural History, Economic History

By the mid-eighteenth century the working practices and management of the Press were again in need of reform, as evidenced by an inquiry launched by William Blackstone, who became a Delegate of the ... More


William Blackstone: Teacher of Revolution⋆

in From Vienna to Chicago and Back: Essays on Intellectual History and Political Thought in Europe and America

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226776361
eISBN:
9780226776385
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226776385.003.0003
Subject:
History, History of Ideas

This chapter addresses some light on a little known aspect of Revolutionary newspaper and pamphlet warfare in South Carolina in the years from 1769 to 1776. It concentrates on a feature of William ... More


Original Understanding: Preconstitutional Sources and the Drafting and Ratification Process

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers the various pre-constitutional sources that the Court relies on to discover the original understanding as well as the uses that it has made of material relating to the drafting ... More


: Blackstone's Liberal Education for Law and Politics

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0006
Subject:
Political Science, Political Theory

This chapter focuses on the influence of Sir William Blackstone's training of lawyers and judges in liberal constitutions and states that he also had an important influence on liberal politics. ... More


Politicizing the Jew: William E. Blackstone and The Mobilization of Cultural Fundamentalism

Robert O. Smith

in More Desired than Our Owne Salvation: The Roots of Christian Zionism

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199993246
eISBN:
9780199346394
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199993246.003.0009
Subject:
Religion, Religion and Society

William Blackstone made a central contribution to American evangelical Judeo-centrism by offering a nationalist adaptation of Darby’s premillennial dispensationalism. Blackstone crafted a middle path ... More


Constitutional Theory I: From the Fragment to the French Revolution

F. Rosen

in Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198200789
eISBN:
9780191674778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198200789.003.0003
Subject:
History, British and Irish Modern History, History of Ideas

In the Fragment on Government, Jeremy Bentham posed the general question of how free and despotic governments differed. Bentham's list is important for this chapter's purposes in two respects. ... More


The History of Oxford University Press: Volume I: Beginnings to 1780

Ian Gadd (ed.)

Published in print:
2013
Published Online:
August 2014
ISBN:
9780199557318
eISBN:
9780191772320
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557318.001.0001
Subject:
History, Cultural History, Economic History

This book is the first of three volumes covering the history of printing and publishing at the University of Oxford. This book starts from its tentative and obscure beginnings in the late fifteenth ... More


Loving Justice: Legal Emotions in William Blackstone's England

Kathryn D. Temple

Published in print:
2019
Published Online:
January 2020
ISBN:
9781479895274
eISBN:
9781479832637
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479895274.001.0001
Subject:
Law, Legal History

How do people develop loyalty to the legal system they inhabit? This book focuses on legal emotions in William Blackstone's transformative, bestselling Commentaries on the Laws of England (1765–69), ... More


Forward to the Eighteenth Century

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter draws upon Sir William Blackstone's views to examine the relationship between the First Amendment and intellectual property. Blackstone held a view of liberty of the press narrower in ... More


Supremacy and the Supervisory Power

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.002
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the meaning of supremacy and its close association in the minds of the Framers of the Constitution with the supervisory powers of King's Bench in England. These ... More


: The Fugitive Slave Problem to 1850

Don E. Fehrenbacher and Ward M. McAfee

in The Slaveholding Republic: An Account of the United States Government's Relations to Slavery

Published in print:
2002
Published Online:
October 2011
ISBN:
9780195158052
eISBN:
9780199849475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195158052.003.0007
Subject:
History, American History: 19th Century

Runaways were a common feature of late colonial society, and from Virginia northward, especially, they included white persons as well as black. George Washington, who had a relatively small number of ... More


The Stamp Act and the State of Nature

Mark Somos

in American States of Nature: The Origins of Independence, 1761-1775

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190462857
eISBN:
9780190462871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190462857.003.0004
Subject:
Political Science, Political Theory

Chapter 4 begins with Warren’s Case to highlight public engagement with the state of nature discourse and reveal the pervasive importance of the state of nature in colonial reactions to the Stamp ... More


William Blackstone (1723–1780)

Lisa L. Moore, Joanna Brooks, and Caroline Wigginton (eds)

in Transatlantic Feminisms in the Age of Revolutions

Published in print:
2012
Published Online:
March 2015
ISBN:
9780199743483
eISBN:
9780190252830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199743483.003.0023
Subject:
Literature, American, 18th Century and Early American Literature, Women's Literature

In his Commentaries on the Laws of England (1765–1769), Sir William Blackstone articulated the legal doctrine of coverture or feme covert (l“covered woman”). According to Blackstone, women lose the ... More


Law and Enlightenment: Ivan Tret’iakov and Semen Desnitskii

G. M. Hamburg

in Russia's Path Toward Enlightenment: Faith, Politics, and Reason, 1500-1801

Published in print:
2016
Published Online:
January 2017
ISBN:
9780300113136
eISBN:
9780300224191
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113136.003.0013
Subject:
History, Russian and Former Soviet Union History

This chapter examines the place of law in Russian Enlightenment thought by focusing on the views of Ivan Andreevich Tret’iakov (1735–1776) and Semen Efimovich Desnitskii. Outside of the government ... More


Prologue Liberty and Maturity in Enlightenment Thought

Corinne T. Field

in The Struggle for Equal Adulthood: Gender, Race, and the Fight for Citizenship in Antebellum America

Published in print:
2014
Published Online:
January 2015
ISBN:
9781469618142
eISBN:
9781469618166
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469618142.003.0002
Subject:
History, African-American History

This prologue explains how political theorists during the Enlightenment linked individual liberty to white male maturity in debates about the nature of just authority. It examines the argument put ... More


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