Commentaries on the Laws of England in the context of "Doctor and Student"

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⭐ Core Definition: Commentaries on the Laws of England

The Commentaries on the Laws of England (commonly, but informally known as Blackstone's Commentaries) are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs.

The Commentaries were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. As such, they were used in the training of American and British lawyers long after the death of Blackstone.

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👉 Commentaries on the Laws of England in the context of Doctor and Student

The Doctor and Student: Or Dialogues between a Doctor of Divinity and a Student in the Laws of England is a legal treatise by Christopher St. Germain, first published in the early 16th century. As its name suggests, the work is structured as a set of dialogues between the eponymous doctor, a doctor of divinity; and a student of the English common law. Doctor and Student explores the relationship between the common law and equity and distinguishes a number of sources of legal principles. It was an important text for English law students at least until William Blackstone's Commentaries on the Laws of England was published in the mid-18th century.

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Commentaries on the Laws of England in the context of Simple contract

In contract law, a simple contract, also known as an informal contract, is a contract made orally, in writing, or both, rather than a contract made under seal. Simple contracts require consideration to be valid, but simple contracts may be implied from the conduct of parties bound by the contract.

In his Commentaries on the Laws of England William Blackstone observed that in the seventeenth century, debtors used simple contracts as one of three accepted forms of unsecured debt instruments. In 1828, the Parliament of the United Kingdom amended the statute of frauds so that oral acknowledgments or promises could not be used as evidence to prove the existence of a simple contract. Today, some American jurisdictions have established that a security interest is perfected "when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest" of the secured party.

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Commentaries on the Laws of England in the context of Esquire

Esquire (/ɪˈskwaɪər/, US also /ˈɛskwaɪər/; abbreviated Esq.) is usually a courtesy title. In the United Kingdom, esquire historically was a title of respect accorded to men of higher social rank, particularly members of the landed gentry above the rank of gentleman and below the rank of knight. Some sources state that the title was bestowed on "candidates for knighthood in England". It was also used with respect to other dignitaries, such as justices of the peace, sheriffs, and sergeants.

The 1826 edition of William Blackstone's Commentaries on the Laws of England reiterated that "the title should be limited to those only who bear an office of trust under the Crown and who are styled esquires by the king in their commissions and appointments; and all, I conceive, who are once honoured by the king with the title of esquire have a right to that distinction for life." By the early 20th century, however, esquire was being used as a general courtesy title for any man in a formal setting, with no precise significance, usually as a suffix to his name, and commonly with initials only. In the United Kingdom today, esquire is still occasionally used as a written style of address in formal or professional correspondence. In certain formal contexts, it remains an indication of a social status that is recognised in the order of precedence. In the legal profession, the title is only available for barristers.

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Commentaries on the Laws of England in the context of William Blackstone

Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, justice, and Tory politician most noted for his Commentaries on the Laws of England, which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and the Warton Building, and for simplifying the complex accounting system used by the college. On 3 July, 1753, he formally gave up his practice as a barrister, and embarked on a series of lectures on English law, the first of their kind. These talks were massively successful, earning him £453 (£94,000 in 2025 terms); they led to the publication of An Analysis of the Laws of England in 1756, which sold out repeatedly. It was used to preface his later works.

On 20 October, 1759, Blackstone was confirmed as the first Vinerian Professor of English Law, immediately embarking on another series of lectures and publishing a similarly successful second treatise, A Discourse on the Study of the Law. With his growing fame, he successfully returned to the bar and maintained a good practice, also securing election as Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. In November 1765 he published the first of four volumes of Commentaries on the Laws of England, considered his magnum opus; the completed work earned Blackstone £14,000 (£2,459,000 in 2023 terms). After repeated failures, he gained appointment to the judiciary as a justice of the Court of King's Bench on 16 February 1770, leaving to replace Edward Clive as a justice of the Common Pleas on 25 June. He remained in this position until his death, on 14 February 1780.

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Commentaries on the Laws of England in the context of Blackstone's ratio

In criminal law, Blackstone's ratio (more recently referred to occasionally as Blackstone's formulation) is the idea that:

This was written by the English jurist William Blackstone in his seminal work Commentaries on the Laws of England, published in the 1760s.

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