The nature of custom: legal science and comparative legal history in Blackstone's Commentaries

Andrew Cecchinato

doi:10.1017/9781108955195.006

The nature of custom: legal science and comparative legal history in Blackstone's Commentaries

Andrew Cecchinato

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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Abstract

Throughout the Commentaries, Blackstone repeatedly availed himself of comparative legal history. Comparison allowed him to detect the invariable principles of legal experience and organise his systematic exposition of English law around them. This method proved crucial in Blackstone’s treatment of custom, as it allowed him to present the chief source of English common law by addressing the main questions concerning the nature of custom that had been raised earlier by Western jurisprudence. The paper will explore the depth of Blackstone’s engagement with such traditions. In doing so, it will investigate whether custom was understood differently on the two sides of the Channel.

Original language	English
Title of host publication	Common law, civil law, and colonial law
Subtitle of host publication	essays in comparative legal history from the twelfth to the twentieth centuries
Editors	William Eves, John Hudson, Ingrid Ivarsen, Sarah B. White
Place of Publication	Cambridge
Publisher	Cambridge University Press
Chapter	5
Pages	140-160
ISBN (Electronic)	9781108955195, 9781108960670
ISBN (Print)	9781108845274, 9781108925129
DOIs	https://doi.org/10.1017/9781108955195.006
Publication status	Published - 1 Apr 2021

Keywords

Legal history
English law
Comparative legal history
Blackstone
Commentaries
Custom
Ius commune
Common law

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10.1017/9781108955195.006Licence: CC BY-NC-ND

Cecchinato_2021_NatureofCustom_Chapter_CC
Copyright © Cambridge University Press 2021. Open Access. An online version of this work is published at doi.org/10.1017/9781108955195.006 under a Creative Commons Open Access license CC-BY-NC-ND 4.0 which permits re-use, distribution and reproduction in any medium for non-commercial purposes providing appropriate credit to the original work is given. You may not distribute derivative works without permission. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0.
Final published version, 135 KBLicence: CC BY-NC-ND

Cite this

Cecchinato, A. (2021). The nature of custom: legal science and comparative legal history in Blackstone's Commentaries. In W. Eves, J. Hudson, I. Ivarsen, & S. B. White (Eds.), Common law, civil law, and colonial law: essays in comparative legal history from the twelfth to the twentieth centuries (pp. 140-160). Cambridge University Press. https://doi.org/10.1017/9781108955195.006

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title = "The nature of custom: legal science and comparative legal history in Blackstone's Commentaries",

abstract = "Throughout the Commentaries, Blackstone repeatedly availed himself of comparative legal history. Comparison allowed him to detect the invariable principles of legal experience and organise his systematic exposition of English law around them. This method proved crucial in Blackstone{\textquoteright}s treatment of custom, as it allowed him to present the chief source of English common law by addressing the main questions concerning the nature of custom that had been raised earlier by Western jurisprudence. The paper will explore the depth of Blackstone{\textquoteright}s engagement with such traditions. In doing so, it will investigate whether custom was understood differently on the two sides of the Channel.",

keywords = "Legal history, English law, Comparative legal history, Blackstone, Commentaries, Custom, Ius commune, Common law",

author = "Andrew Cecchinato",

note = "The research presented in this article has been supported by the European Research Council, through the Advanced grant n. 740611 , {\textquoteleft}Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries{\textquoteright} (see http://clicme.wp.standrews.ac.uk).",

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Cecchinato, A 2021, The nature of custom: legal science and comparative legal history in Blackstone's Commentaries. in W Eves, J Hudson, I Ivarsen & SB White (eds), Common law, civil law, and colonial law: essays in comparative legal history from the twelfth to the twentieth centuries. Cambridge University Press, Cambridge, pp. 140-160. https://doi.org/10.1017/9781108955195.006

The nature of custom: legal science and comparative legal history in Blackstone's Commentaries. / Cecchinato, Andrew.
Common law, civil law, and colonial law: essays in comparative legal history from the twelfth to the twentieth centuries. ed. / William Eves; John Hudson; Ingrid Ivarsen; Sarah B. White. Cambridge: Cambridge University Press, 2021. p. 140-160.

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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PY - 2021/4/1

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N2 - Throughout the Commentaries, Blackstone repeatedly availed himself of comparative legal history. Comparison allowed him to detect the invariable principles of legal experience and organise his systematic exposition of English law around them. This method proved crucial in Blackstone’s treatment of custom, as it allowed him to present the chief source of English common law by addressing the main questions concerning the nature of custom that had been raised earlier by Western jurisprudence. The paper will explore the depth of Blackstone’s engagement with such traditions. In doing so, it will investigate whether custom was understood differently on the two sides of the Channel.

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The nature of custom: legal science and comparative legal history in Blackstone's Commentaries

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Keywords

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CLCLCL: Civil Law, Common Law, Customary Law: Consonance, Divergence and transformation in western Europe from the late 11th to 13th centuries

Cite this

The nature of custom: legal science and comparative legal history in Blackstone's Commentaries

Abstract

Keywords

Access to Document

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CLCLCL: Civil Law, Common Law, Customary Law: Consonance, Divergence and transformation in western Europe from the late 11th to 13th centuries

Cite this