Frases de William Blackstone

William Blackstone photo
0  0

William Blackstone

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

Publicidade

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

„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
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.

„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
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.

Publicidade

„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
Book IV, ch. 27 http://avalon.law.yale.edu/18th_century/blackstone_bk4ch27.asp: Of Trial, And Conviction.

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

— William Blackstone
Book III, ch. 17 http://avalon.law.yale.edu/18th_century/blackstone_bk3ch17.asp: Of Injuries Proceeding from, or Affecting, the Crown.

Publicidade

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

— William Blackstone
Book I, ch. 18 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch18.asp: Of Corporations.

„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
Book I, ch. 13 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch13.asp: Of the Military and Maritime States.

Publicidade