Blackstone and His Critics

Erscheinungsjahr 2020
ISBN: 978-1-5099-4029-5
Verlag: HART PUB

Buch, Englisch, 256 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 363 g

William Blackstone's Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited well over 10,000 times in American judicial opinions alone. Prominent in recent reassessment of Blackstone and his works, Wilfrid Prest also convened the Adelaide symposia which have now generated two collections of essays: Blackstone and his Commentaries: Biography, Law, History (2009), and Re-Interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (2014).

This third collection focuses on Blackstone's critics and detractors. Leading scholars examine the initial reception of the Commentaries in the context of debates over law, religion and politics in eighteenth-century Britain and Ireland. Having shown Blackstone's volumes to be a contested work of the Enlightenment, the remaining chapters assess critical responses to Blackstone on family law, the status of women and legal education in Britain and America. While Blackstone and his Commentaries have been widely lauded and memorialised in marble, this volume highlights the extent to which they have also attracted censure, controversy and disparagement.

Autoren/Hrsg.

Page, Anthony

Prest, Wilfrid

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike

Inhaltsverzeichnis

1. Rationalising the Common Law: Blackstone and His Predecessors
Michael Lobban
2. The 'Least Repulsive' Work on a 'Repulsive Subject': Jeremy Bentham on William Blackstone's Commentaries on the Laws of England
Philip Schofield
3. Blackstone, Expositor and Censor of Law Both Made and Found
Jessie Allen
4. William Blackstone, Edward Gibbon and Thomas Winchester: The Case for an Oxford Enlightenment
Ian Doolittle
5. Rational Dissent and Blackstone's Commentaries
Anthony Page
6. Blackstone, Parliamentary Sovereignty and his Irish Critics
Ultán Gillen
7. Blackstone, Family Law and the Exclusion of the Half Blood in Inheritance
Tim Stretton
8. Blackstone and Women
Carolyn Steedman
9. Professing Law in the Shadow of the Commentaries
David Lieberman
10. Hammond's Blackstone and the Historical School of American Jurisprudence
David M Rabban
11. 'A Very Narrowing Effect Upon Our Profession': A Progressive Jurist Confronts Blackstone
John V Orth
12. Blackstone's Posthumous Reputation
Wilfrid Prest

Über Autor(innen)

Page, Anthony
Anthony Page is Senior Lecturer in European History at the University of Tasmania, Australia.

ANTHONY PAGE is a Lecturer in European History at the Launceston campus of the University of Tasmania.

Prest, Wilfrid
Wilfrid Prest is Professor Emeritus in Law and History at the University of Adelaide, Australia.

Anthony Page is a Senior Lecturer in History at the University of Tasmania.
Wilfrid Prest is Emeritus Professor of History and of Law at the University of Adelaide.