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William Blackstone

Data de nascimento: 10. Julho 1723
Data de falecimento: 14. Fevereiro 1780

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William Blackstone foi um jurista britânico conhecido por ter escrito os “Comentários sobre as Leis de Inglaterra”, 1765-1769, a primeira grande obra da jurisprudência inglesa desde “Institutes”, 1628-1644, de Sir Edward Coke. Blackstone foi o alvo do primeiro livro de Bentham, “A Fragment on Government”, 1776, no qual foi criticado pelo seu uso eclético de ideias modernas sobre o direito natural e pela sua aceitação, muitas vezes acrítica e conservadora, dos princípios e práticas da lei inglesa.

Citações William Blackstone

„É melhor dez pessoas culpadas escaparem do que um inocente sofrer.“

—  William Blackstone, Commentaries on the Laws of England
It is better that ten guilty persons escape than that one innocent suffer. Commentaries on the Laws of England (1765–1769), Liv. IV, Cap. 24 https://books.google.com.br/books?id=v3dGAAAAYAAJ&pg=PA358&dq=%E2%80%9CIt+is+better+that+ten+guilty+persons+escape+than+that+one+innocent+suffer.%E2%80%9D&hl=pt-BR&sa=X&ved=0ahUKEwjd9fyfwbbKAhUHgpAKHTAjDg4Q6AEIJDAB#v=onepage&q=%E2%80%9CIt%20is%20better%20that%20ten%20guilty%20persons%20escape%20than%20that%20one%20innocent%20suffer.%E2%80%9D&f=false Voltaire escreveu algo semelhante em Zadig (1747): "É melhor correr o risco de salvar um homem culpado do que condenar um inocente".

„In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Context: In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state. Book I, ch. 7 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch7.asp: Of the King's Prerogative.

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„Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Context: In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state. Book I, ch. 7 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch7.asp: Of the King's Prerogative.

„That the king can do no wrong, is a necessary and fundamental principle of the English constitution.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Book III, ch. 17 http://avalon.law.yale.edu/18th_century/blackstone_bk3ch17.asp: Of Injuries Proceeding from, or Affecting, the Crown.

„The founders of the English laws have with excellent forecast contrived, that no man should be called to answer to the king for any capital crime, unless upon the preparatory accusation of twelve or more of his fellow subjects, the grand jury: and that the truth of every accusation, whether preferred in the shape of indictment, information, or appeal, should afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbours, indifferently chosen, and superior to all suspicion. So that the liberties of England cannot but subsist, so long as this palladium remains sacred and inviolate, not only from all open attacks, (which none will be so hardy as to make) but also from all secret machinations, which may sap and undermine it; by introducing new and arbitrary methods of trial, by justices of the peace, commissioners of the revenue, and courts of conscience. And however convenient these may appear at first, (as doubtless all arbitrary powers, well executed, are the most convenient) yet let it be again remembered, that delays, and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our constitution; and that, though begun in trifles, the precedent may gradually increase and spread, to the utter disuse of juries in questions of the most momentous concern.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Book IV, ch. 27 http://avalon.law.yale.edu/18th_century/blackstone_bk4ch27.asp: Of Trial, And Conviction.

„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
Commentaries on the Laws of England (1765–1769), Introduction, Section II: Of the Nature of Laws in General

„Time whereof the memory of man runneth not to the contrary.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Book I, ch. 18 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch18.asp: Of Corporations.

„It is better that ten guilty persons escape, than that one innocent suffer.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Book IV, ch. 27.

„The royal navy of England hath ever been its greatest defense and ornament; it is its ancient and natural strength; the floating bulwark of our island.“

—  William Blackstone, Commentaries on the Laws of England
Commentaries on the Laws of England (1765–1769), Book I, ch. 13 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch13.asp: Of the Military and Maritime States.

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