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Articles 1 - 6 of 6
Full-Text Articles in Law
Table Annexed To Article: William Blackstone’S Commentaries On The Laws Of England In Machine Readable Text, Peter J. Aschenbrenner
Table Annexed To Article: William Blackstone’S Commentaries On The Laws Of England In Machine Readable Text, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic presents, in machine readable text (MR text format) Wm. Blackstone’s Commentaries on the Laws of England (1765). The text is derived from a variety of public domain sources. The format enables machine searching. The word count returns 658,058 words. (The Federalist essays count 189,467 words.) The text excludes page numbering – there are at least two competitors and no clear winner – but includes all of the original footnotes and the four introductory sections. There is no mystery in WB’s science. In any event WB’s ‘_science’ hits (at 41) yield a log score of -4.2172 which is …
William Blackstone’S Commentaries On The Laws Of England In Machine Searchable Text, Peter J. Aschenbrenner
William Blackstone’S Commentaries On The Laws Of England In Machine Searchable Text, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic presents, in machine readable text (MR text format) Wm. Blackstone’s Commentaries on the Laws of England (1765). The text is derived from a variety of public domain sources. The format enables machine searching. The word count returns 658,058 words. (The Federalist essays count 189,467 words.) The text excludes page numbering – there are at least two competitors and no clear winner – but includes all of the original footnotes and the four introductory sections. There is no mystery in WB’s science. In any event WB’s ‘_science’ hits (at 41) yield a log score of -4.2172 which is …
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Book Chapters
If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …
Law And Artifice In Blackstone's Commentaries, Jessie Allen
Law And Artifice In Blackstone's Commentaries, Jessie Allen
Articles
William Blackstone is often identified as a natural law thinker for whom property rights were preeminent, but reading the Commentaries complicates that description. I propose that Blackstone’s concept of law is more concerned with human invention and artifice than with human nature. At the start of his treatise, Blackstone identifies security, liberty and property as “absolute” rights that form the foundation of English law. But while security and liberty are “inherent by nature in every individual” and “strictly natural,” Blackstone is only willing to say that “private property is probably founded in nature.” Moreover, Blackstone is clear that there is …
Two Myths About The Alien Tort Statute, Bradford R. Clark, Anthony J. Bellia Jr.
Two Myths About The Alien Tort Statute, Bradford R. Clark, Anthony J. Bellia Jr.
GW Law Faculty Publications & Other Works
In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States...with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. The Court, however, misperceived …
Beccaria's On Crimes And Punishments: A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt
Beccaria's On Crimes And Punishments: A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt
Faculty Scholarship
Beccaria’s treatise On Crimes and Punishments (1764) has become a placeholder for the classical school of thought in criminology, for deterrence-based public policy, for death penalty abolitionism, and for liberal ideals of legality and the rule of law. A source of inspiration for Bentham and Blackstone, an object of praise for Voltaire and the Philosophes, a target of pointed critiques by Kant and Hegel, the subject of a genealogy by Foucault, the object of derision by the Physiocrats, rehabilitated and appropriated by the Chicago School of law and economics — these ricochets and reflections on Beccaria’s treatise reveal multiple dimensions …