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Roscoe Pound believed that unless the criminal justice system maintains stability while adapting to change, it will either fossilize or be subject to the whims of public opinion. In Criminal Justice in America, Pound recognizes the dangers law faces when it does not keep pace with societal change. When the home, neighborhood, and religion are no longer capable of social control, increased conflicts arise, laws proliferate, and new menaces wrought by technology, drugs, and juvenile delinquency flourish. Where Pound saw the influence of the motion pictures as part of the "multiplication of the agencies of menace," today we might cite television and the Internet. His point still holds true: The "old machinery" cannot meet the evolving needs of society. In Criminal Justice in America, Pound points out that one aspect of the criminal justice problem is a rigid mechanical approach that resists change. The other dimension of the problem is that change, when it comes, will result from the pressure of public opinion. Justice suffers when the public is moved by the oldest of public feelings, vengeance. This can result in citizens taking the law into their own hands—from tax evasion to mob lynchings—as well as in altering the judicial system—from sensationalizing trials to producing wrongful convictions. Ron Christenson, in his new introduction, discusses the evolution of Roscoe Pound's career and thought. Pound's theories on jurisprudence were remarkably prescient. They continue to gain resonance as crimes become more and more sensationalized by the media. Criminal Justice in America is a fascinating study that should be read by legal scholars and professionals, sociologists, political theorists, and philosophers.
This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).
One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars. The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe. Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on Judging - John H Langbein 6 Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham III Influence 11 American Blackstones - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest Contributors -Thalia Anthony lectures in law at the University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge of the Codrington Library, All Souls College, Oxford. -J H Baker, Downing Professor of the Laws of England at the University of Cambridge, is Literary Director of the Selden Society. -Morris Cohen, Professor Emeritus and Professorial Lecturer in Law, is the former Librarian of Yale Law School. -Horst Dippel is Professor of British and American Studies at the University of Kassel. -Ian Doolittle, formerly a Junior Research Fellow at Christ Church, Oxford, is a partner in the law firm Trowers and Hamlins LLP in London. -John Emerson holds a Visiting Research Fellowship in the Law School, University of Adelaide. -Nicole Graham is Senior Lecturer in the Faculty of Law, University of Technology, Sydney. -Michael Hoeflich is John H and John M Kane Distinguished Professor in the Law School, University of Kansas. -John Langbein is Sterling Professor of Law and Legal History at Yale Law School. -Carol Matthews teaches in the School of History and Politics at the University of Adelaide. -John V Orth holds the William Rand Kenan Jr Chair of Law at the University of North Carolina, Chapel Hill. -Wilfrid Prest is Professor Emeritus and Visiting Research Fellow in the Law School and School of History and Politics, University of Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the Bentham Project at University College London. -Tim Stretton teaches history at St Mary's University, Halifax, Nova Scotia.
Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece. Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar. Introducing this fourth and final volume, Of Public Wrongs, Thomas A. Green examines Blackstone's attempt to rationalize the severity of the law with what he saw as the essentially humane inspiration of English law. Green discusses Blackstone's ideas on criminal law, criminal procedure, and sentencing.