By William Blackstone, Simon Stern
Oxford's variorum version of William Blackstone's seminal treatise at the universal legislations of britain and Wales deals the definitive account of the Commentaries' improvement in a contemporary structure. For the 1st time it's attainable to track the evolution of English legislation and Blackstone's concept in the course of the 8 variations of Blackstone's lifetime, and the authorial corrections of the posthumous 9th variation. Introductions through the overall editor and the quantity editors set the Commentaries of their ancient context, reading Blackstone's detailed view of the typical legislations, and editorial notes through the 4 volumes support the fashionable reader in figuring out this key textual content within the Anglo-American universal legislation culture.
Property legislation is the topic of Book II, the second one and longest quantity of Blackstone's Commentaries. His lucid exposition covers feudalism and its background, actual property and the kinds of tenure land-owner can have, and private estate, together with the recent varieties of intangible estate that have been constructing in Blackstone's period, corresponding to negotiable tools and highbrow property.
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Extra resources for Commentaries on the laws of England: the Oxford edition of Blackstone. Book 2 Of the rights of things
Hen. Pollexfen (1702) Pontoppidan E. Pontoppidan, The Natural History of Norway (1740–1) Poph. Reports and Cases Collected by the Learned Sir John Popham (1656) Pott. Antiq. J. Potter, Archaeologiae Graecae; or, The Antiquities of Greece (Oxford, 1697) Prec. Chan. Precedents in Chancery (1733) PROME The Parliament Rolls of Medieval England 1275–1504, ed. , Provincial. , Puff. L. , L. S. T. , Reg. , Registr. W. Rastell, Registrum Omnium Brevium (1531) Reg. Mag. Regiam Majestatem, tr. J. Skene (Edinburgh, 1609) Regist.
Upon the same principle was founded the right of migration, or sending colonies to find out new habitations, when the mother-country was overcharged with inhabitants; which was practised as well by the Phaenicians and Greeks, as the Germans, Scythians, and other northern people. And, so long as it was confined to the stocking and cultivation of desart uninhabited countries, it kept strictly within the limits of the law of nature. But how far the seising on countries already peopled, and driving out or massacring the innocent and defenceless natives, merely because they differed from their invaders in language, in religion, in customs, in government, or in colour; how far such a conduct was consonant to nature, to reason, or to christianity, deserved well to be considered by those, who have rendered their names immortal by thus civilizing mankind.
L. 3. c. 20. ] Justinus is discussing the absence of private property among the first inhabitants of Italy. 2 chapter 1 3 should get the first occupation of the same thing, or disputing which of them had actually gained it. As human life also grew more and more refined, abundance of conveniences were devised to render it more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warmth and decency. But no man would be at the trouble to provide either, so long as he had only an usufructuary property in them, which was to cease the instant that he quitted possession;—if, as soon as he walked out of his tent, or pulled off his garment, the next stranger who came by would have a right to inhabit the one, and to wear the other.