SIR W. BLACKSTONE'S

ANALYSIS

OF

THE LAWS OF ENGLAND.

BOOK I.

CHAPTER I.

Of the Nature of Laws in general.

I.

Law is a rule of action, prescribed by a superior

power.

II.

Natural law is the rule of human actions prescribed by the Creator, and discoverable by the light

of reason.

The divine or revealed law, considered as a rule of action, is also the law of nature, imparted by God himself.

IV.

The law of nations is that which regulates the conduct and mutual intercourse of independent states with each other, by reason and natural justice.

V.

Municipal, or civil law, is the rule of civil conduct, prescribed by the supreme power in a state, commanding what is right, and prohibiting what is

wrong.

VI.

Society is formed for the protection of individuals; and states, or government, for the preservation of society.

VII.

In all states there is an absolute supreme power, to which the right of legislation belongs; and which, by the singular constitution of these kingdoms, is vested in the king, lords, and commons.

VIII.

The parts of a law are, 1. the declaratory—which defines what is right and wrong; 2. the directory-which consists in commanding the observation of right, or prohibiting the commission of wrong; 3. the remedial, or method of recovering private

rights, and redressing private wrongs; 4. the vindicatory sanction of punishments for public wrongs --wherein consists the most forcible obligation of human laws.

IX.

To interpret a law, we must inquire after the will of the maker; which may be collected either from the words, the context, the subject-matter, the effects and consequence, or the spirit and reason of the law,

X.

From the latter method of interpretation arises equity, or the correction of that wherein the law (by reason of its universality) is deficient.

CHAPTER II.

Of the Grounds and Foundation of the Laws of England.

1.

THE laws of England are of two kinds; the unwritten or common law, and the written or statute law.

II.

The unwritten law includes-1. general customs; 2. particular customs; 3. particular laws.