English jurist (1723-1780)
The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
But though society had not it's formal beginning from any convention of individuals, actuated by their wants and their fears; yet it is the sense of their weakness and imperfection that keeps mankind together; that demonstrates the necessity of this union; and that therefore is the solid and natural foundation, as well as the cement, of society.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The principal duty of the king is, to govern his people according to law.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The king never dies. Henry, Edward, or George may die; but the king survives them all.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Money is an universal medium, or common standard, by comparison with which the value of all merchandize may be ascertained: or it is a sign, which represents the respective values of all commodities. Metals are well calculated for this sign, because they are durable and are capable of many subdivisions: and a precious metal is still better calculated for this purpose, because it is the most portable. A metal is also the most proper for a common measure, because it can easily be reduced to the same standard in all nations: and every particular nation fixes on it it's own impression.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate, or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd or unjust: for though their reason be not obvious at first view, yet we owe such a deference to former times as not to suppose they acted wholly without consideration.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
An idiot, or natural fool, is one that hath had no understanding from his nativity; and therefore is by law presumed never likely to attain any.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The only true and natural foundations of society are the wants and the fears of individuals.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
In all tyrannical governments the supreme magistracy, or the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty. The magistrate may enact tyrannical laws, and execute them in a tyrannical manner, since he is possessed, in quality of dispenser of justice, with all the power which he as legislator thinks proper to give himself. But, where the legislative and executive authority are in distinct hands, the former will take care not to entrust the latter with so large a power, as may tend to the subversion of it's own independence, and therewith of the liberty of the subject.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide if committed se defendendo, or in order to preserve them. For whatever is done by a man, to save either life or member, is looked upon as done upon the highest necessity and compulsion.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Of crimes injurious to the persons of private subjects, the most principal and important is the offense of taking away that life, which is the immediate gift of the great creator; and which therefore no man can be entitled to deprive himself or another of, but in some manner either expressly commanded in, or evidently deducible from, those laws which the creator has given us; the divine laws, I mean, of either nature or revelation.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Man was formed for society and is neither capable of living alone, nor has the courage to do it.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The fairest and most rational method to interpret the will of the legislator, is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subject matter, the effects and consequence, or the spirit and reason of the law.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Popular assemblies are frequently foolish in their contrivance, and weak in their execution; but generally mean to do the thing that is right and just.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The only advantage, that can result to a nation from public debts, is the increase of circulation by multiplying the cash of the kingdom, and creating a new species of money, always ready to be employed in any beneficial undertaking, by means of it's transferrable quality; and yet productive of some profit, even when it lies idle and unemployed. A certain proportion of debt seems therefore to be highly useful to a trading people; but what that proportion is, it is not for me to determine. Thus much is indisputably certain, that the present magnitude of our national incumbrances very far exceeds all calculations of commercial benefit, and is productive of the greatest inconveniences. For, first, the enormous taxes, that are raised upon the necessaries of life for the payment of the interest of this debt, are a hurt both to trade and manufactures, by raising the price as well of the artificer's subsistence, as of the raw material, and of course, in a much greater proportion, the price of the commodity itself. Secondly, if part of this debt be owing to foreigners, either they draw out of the kingdom annually a considerable quantity of specie for the interest; or else it is made an argument to grant them unreasonable privileges in order to induce them to reside here. Thirdly, if the whole be owing to subjects only, it is then charging the active and industrious subject, who pays his share of the taxes, to maintain the indolent and idle creditor who receives them. Lastly, and principally, it weakens the internal strength of a state, by anticipating those resources which should be reserved to defend it in case of necessity. The interest we now pay for our debts would be nearly sufficient to maintain any war, that any national motives could require. And if our ancestors in king William's time had annually paid, so long as their exigencies lasted, even a less sum than we now annually raise upon their accounts, they would in the time of war have borne no greater burdens, than they have bequeathed to and settled upon their posterity in time of peace; and might have been eased the instant the exigence was over.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
For since the respective members are bound to conform themselves to the will of the state, it is expedient that they receive directions from the state declaratory of that it's will.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The objects of the laws of England are so very numerous and extensive, that, in order to consider them with any tolerable ease and perspicuity, it will be necessary to distribute them methodically, under proper and distinct heads; avoiding as much as possible divisions too large and comprehensive on the one hand, and too trifling and minute on the other; both of which are equally productive of confusion.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
It is held, it is true, and very justly, by the principal of our ethical writers, that human laws are binding upon men's consciences. But if that were the only, or most forcible obligation, the good only would regard the laws, and the bad would set them at defiance.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying it's very essence.
WILLIAM BLACKSTONE
Commentaries on the Laws of England