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136-521: Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified , the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another." The castle doctrine

272-518: A Serjeant-at-Law on 12 February. After only four days it was announced that Joseph Yates was to move to the Common Pleas, and Blackstone was again sworn in as a judge, this time of the Court of King's Bench. This was apparently due to Yates' poor health; Lord Mansfield ran a busy court as Lord Chief Justice , and it was felt that his transfer to the Common Pleas was for the best. Others commented that it

408-841: A "major piece of pioneering scholarship" leading to Blackstone's election to the Society of Antiquaries in February 1761, and A Treatise on the Law of Descents in Fee Simple , which was later used, almost verbatim, as chapters 14 and 15 of the Commentaries . With sponsorship from the Prince of Wales and his success with the Analysis , Blackstone began work as a barrister, although he kept up his lecture series at Oxford. By 1760 he had become "a very eminent figure indeed in

544-538: A barrister and instead embarked on a series of lectures on English law, the first of their kind. These were massively successful, earning him a total of £453 (£89,000 in 2023 terms), and led to the publication of An Analysis of the Laws of England in 1756, which repeatedly sold out and was used to preface his later works. On 20 October 1759 Blackstone was confirmed as the first Vinerian Professor of English Law , immediately embarking on another series of lectures and publishing

680-569: A complete overview of English law and were repeatedly republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen, first published in 1841, was reprinted until after the Second World War . Legal education in England had stalled; Blackstone's work gave

816-534: A crime." ( Chinese : 若今時無故入人室宅廬舍，上人車船，牽引人欲犯法者，其時格殺之，無罪 ) During the Qin dynasty , the laws further extend castle doctrine protection against intrusion by the police or officials during the night. According to the Laws Governing Arrests ( 捕律 ): "It is forbidden for the police to enter other's room or place of dwelling during the night for the purpose of conducting an arrest, if the police violate this law, and

952-455: A degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is: (1) Using or about to use unlawful deadly physical force. (2) Using or about to use physical force against an occupant of

1088-466: A dwelling accidentally or in good faith." In other words, "the unlawful entry element requires a culpable mental state of 'knowingly' on the part of the intruder." A list of states and their most applicable body of law to justifying homicide in protection of the abode is listed below. Because not all states truly invoke castle doctrine, justifiable homicide in defense of life —which is nearly universal in adoption, but with narrower application—is often what

1224-456: A dwelling while committing or attempting to commit a burglary of such dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy. (4) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle, or federally licensed nuclear power facility, or

1360-446: A dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder. Duty to retreat In law , the duty to retreat , or requirement of safe retreat ,

1496-497: A familial tie to the founder or All Souls in an attempt to gain preeminence in elections. Completion of his Doctor of Civil Law degree, which he was awarded in April 1750, admitted him to Convocation , the governing body of Oxford, which elected the two burgesses who represented it in the House of Commons, along with most of the university officers. With this and with his continuing work at

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1632-492: A far greater political mind. In addition, a private lecture series would be extremely lucrative. While his All Souls fellowship gave him £70 a year, records show that the lecture series brought him £116, £226 and £111 a year respectively from 1753 to 1755 – a total of £453 (£89,000 in 2023 terms). A prospectus was issued on 23 June 1753, and with a class of approximately 20 students, the first set of lectures were completed by July 1754. Despite Blackstone's limited oratory skills and

1768-431: A felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein. 2.  A person is not required to retreat before using deadly force as provided in subsection 1 if the person: (a) Is not the original aggressor; (b) Has

1904-409: A homicide may be excused criminally, but be a wrongful death civilly. In a strict sense, simple justifiable homicide in self-defense which happens to occur inside one's home is actually distinct as a matter of law from castle doctrine's no duty to retreat in defense of one's domicile. Self-defense protects life while castle doctrine defends estate. While most American states forbid the use of force in

2040-466: A large number of contacts and connections, as well as visibility, which aided his legal career significantly. This period also saw Blackstone write his last known piece of poetry, Friendship: An Ode , in 1756. In 1756 Blackstone published the first of his full legal texts, the 200 page An Analysis of the Laws of England . Published by the Clarendon Press , the treatise was intended to demonstrate

2176-436: A lawful purpose" if he could establish that he was acting in self-defense to protect himself or his family or property against an imminent and apprehended attack by means which he believed to be no more than reasonably necessary to meet the attack. William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist , justice and Tory politician most noted for his Commentaries on

2312-527: A leading Exchequer barrister. The next five vacancies also failed to go to Blackstone, after the appointment of Lord Camden (a Whig) as Lord Chancellor . In 1765 Blackstone announced his resignation from the Vinerian Chair , effective after his 1766 lectures. These were divided into two 14-lecture series, on "private wrongs" and "public wrongs" delivered between 12 February and 24 April. At this point Blackstone had published nothing new since A Treatise on

2448-399: A logical system, with the division of subjects later being the basis for his Commentaries . Following his lecture series, Blackstone became more prominent in convocation and other university activities. Oxford and Cambridge at the time had a strange system of law; due to their unique natures, they had exclusive jurisdiction over both academics and students in a fashion which followed either

2584-505: A member of a family of lesser gentry from Middlesex . Their first child, William Bertie Blackstone, born 21 August 1762, did not survive to adulthood. Seven more children were born: Henry, James, Sarah, Mary, Philippa, William, Charles, and George, who also died in childhood. The Blackstones had a large estate in Wallingford in Berkshire, including 120 acres (46 ha) of pastureland around

2720-477: A more relaxed disposition. While quick to take offence at perceived slights on his own character and motives, he could also show surprising indifference to the effect his words and actions might have on others". This marked the beginning of his break with Oxford, which coincided with his growing influence outside the university. In 1759 Lord Bute , Prince George 's official tutor, requested copies of Blackstone's lectures, which he forwarded. Later that year Blackstone

2856-564: A patron, for his assistance in gaining appointment as Chief Justice of Chester , writing again in July 1762 to "prevail upon Lord Bute to recommend me to his Majesty's Notice", anticipating an upcoming vacancy in the Court of Common Pleas . Parliamentary service was considered a "desirable if never absolutely essential qualification for would-be English judges", something that did not necessarily bode well for Blackstone. Naturally inarticulate and reticent, he

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2992-437: A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another. (2) Under the circumstances permitted pursuant to G.S. 14‑51.2. (b) A person who uses force as permitted by this section

3128-416: A person who has made an unlawful entry into the dwelling; not against a person who remains unlawfully in the dwelling. In addition to providing a valid defense in criminal law, many laws implementing the castle doctrine, particularly those with a "stand-your-ground clause," also have a clause which provides immunity from any civil lawsuits filed on behalf of the assailant (for damages/injuries resulting from

3264-462: A poor trial judge, being reversed on appeal more frequently than any of his peers. Blackstone returned to the Common Pleas on 25 June 1770, having spent less than six months in the King's Bench; Jeremy Bentham asserted that this was due to Mansfield's having Blackstone removed similarly to his removal of Yates. Bentham asserted that in the King's Bench, Blackstone was "always in hot water", and that there

3400-451: A right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used. (a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However,

3536-423: A saloon. Holliday owed Allen $ 5 (equivalent to $ 170 in 2023) which Allen wanted paid and had threatened Holliday. Although Allen was unarmed at the time, Holliday had received reports that Allen had been armed and looking for him earlier in the day. During the subsequent trial, Holliday asserted he was within his rights and the jury agreed. He was acquitted on March 28, 1885. In Ancient China, various versions of

3672-783: A scandalous Libell notoriously reflecting on the Character of him the said William Blackstone". Jackson had refused to reveal who ordered the anonymous pamphlet, leading to the suit, but it evidently did not proceed further. This suit, along with the struggle over the Vinerian Professorship and other controversies, damaged his reputation within the university, as evidenced by his failure to win election as Vice Warden in April 1759, losing to John White. Prest attributes Blackstone's unpopularity to specific personality traits, saying his "determination...in pursuit of causes to which he committed himself could irritate as well as intimidate those of

3808-479: A silver medal for his Latin verses on John Milton , gave the annual Latin oration in 1738, and was noted as having been the favourite student of his masters. On 1 October 1738, taking advantage of a new scholarship available to Charterhouse students, Blackstone matriculated at Pembroke College, Oxford . There are few surviving records of Blackstone's undergraduate term at Oxford, but the curriculum of Pembroke College had been set out in 1624, and Prest notes that it

3944-465: A similarly successful second treatise, titled A Discourse on the Study of the Law . With his growing fame, he successfully returned to the bar and maintained a good practice, also securing election as Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. In November 1765 he published the first of four volumes of Commentaries on the Laws of England , considered his magnum opus ;

4080-473: A speaking style described by Jeremy Bentham as "formal, precise and affected", Blackstone's lectures were warmly appreciated. The second and third series were far more popular, partly due to the then unusual use of printed handouts and lists of suggested reading. No copies of these handouts exist, but Alexander Popham , later a close friend of Blackstone, attended the lectures and made notes, which survive. These show Blackstone's attempts to reduce English law to

4216-563: A thief caught in the act of breaking in at night was not guilty of bloodshed. "If a thief is caught breaking in and is struck so that he dies, the thief owes no blood-debt to the home-defender; but if the thief lives, he owes a blood-debt to the home-defender and must make restitution." By the 18th century, many US state legal systems began by importing English common law such as Acts of Parliament of 2 Ed. III ( Statute of Northampton ), and 5 Rich. II ( Forcible Entry Act 1381 ) in law since 1381—which imposed criminal sanctions intending to discourage

Castle doctrine - Misplaced Pages Continue

4352-408: A third person against such other's imminent use of unlawful force. (b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person. (c) Nothing in this section shall require a person to retreat if such person

4488-415: Is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety. This requirement contrasts with the right in some other jurisdictions to stand one's ground , meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in

4624-521: Is a nine-foot (2.7 m) standing portrait of Blackstone wearing judicial robes and a long curly wig, holding a copy of Commentaries . It is placed on a tall granite base and stands on Constitution Avenue and 3rd Street NW. The town of Blackstone, Virginia , is named after him. The North Wall Frieze in the courtroom of the Supreme Court of the United States depicts William Blackstone, as one of

4760-471: Is an affirmative defense for individuals inevitably charged with criminal homicide, not a permission or pretext to commit homicide—which is generally unlawful. A minority of states permit individuals who have the right of immediate possession of land to use reasonable force to regain possession of that land, with Texas being the only state to allow the use of deadly force to regain possession of land or property. The term "make my day law" came to be used in

4896-470: Is attributed to his work. In 1749 he became Steward of the Manors, and in 1750 was made Senior Bursar. Records show a "perfectionist zeal" in organising the estates and finances of All Souls, and Blackstone was noted for massively simplifying the complex accounting system used by the college. In 1750 Blackstone completed his first legal tract, An Essay on Collateral Consanguinity , which dealt with those claiming

5032-471: Is claimed as a defense. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure. (2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if: (a)

5168-409: Is commonly manifested as an affirmative defense to criminal homicide that occurred within a home; in some states though it slightly enhances the conditions for justifiable homicide in self-defense by laying down no duty to retreat or avert a violent encounter, or by even granting a blanket rebuttable presumption of required killing in defense of life. Where principles are statutized in a penal code ,

5304-493: Is his safest refuge]. The term 'castle' was defined in 1763 by Prime Minister William Pitt, 1st Earl of Chatham , "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter." English common law came with colonists to the New World, where it has become known as

5440-439: Is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against their will from any dwelling, residence, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act

5576-436: Is injured by (those in) the room, the police shall be treated as someone who enters another's room without cause" ( 捕律：禁吏毋夜入人廬舍捕人。犯者，其室毆傷之，以毋故入人室律從事 ). In the later Han dynasty, the most extreme interpretation of the doctrine was enacted, making it legal for those in a dwelling to assault and kill anyone, including the police and other officials, who enters a house during the night, regardless of cause. Later dynasties such as

Castle doctrine - Misplaced Pages Continue

5712-531: Is intended or likely to cause death or great bodily injury to another person if the person: (1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and (2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act

5848-440: Is invoked as a pretext to protect the home. However, the mere fact that one is trespassing is an inappropriate or inadequate defense per se to justifying homicide in many states. The castle doctrine in its traditional absolute and extrajudicial form is antiquated in most states. However, its vestige saliently remains as a set of principles which are incorporated to a variegated extent through both statutory and case law . It

5984-481: Is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another. (c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling, place of work or occupied vehicle. (4) A person who

6120-435: Is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of their official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that

6256-457: Is most likely a reflection of contemporary popular attitude, articulated in numerous historical poems and literature, that anyone who enters a civil dwelling at night is presumed to be either a rapist or a thief/robber ( 夜入民宅，非奸即盜 ). Today, the penal and civil forcible-entry laws of most American states forbid the use of force in the recovery of possession of land. At most the Castle Doctrine

6392-524: Is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60. (D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60. (E) A person who by force enters or attempts to enter

6528-485: Is no duty to retreat before deadly force is used against an intruder by a person in their home or, in some jurisdictions, just simply where the person can legally be. Most states in the United States have stand-your-ground laws where individuals can use deadly force in self-defense in any location one is legally allowed to be without first attempting to retreat. In Colorado, the make-my-day statute "was not intended to justify use of physical force against persons who enter

6664-401: Is no specific requirement that a person must retreat in anticipation of an attack. Although some withdrawal would be useful evidence to prove that the defendant did not want to fight, not every defendant is able to escape. In R v Bird the defendant was physically attacked, and reacted instinctively and immediately without having the opportunity to retreat. Had there been a delay in the response,

6800-401: Is not a defined law that can be invoked, but a set of principles which may be incorporated in some form in many jurisdictions. Castle doctrines may not provide civil immunity, such as from wrongful death suits, which have a much lower burden of proof . Justifiable homicide in self-defense which happens to occur inside one's home is distinct, as a matter of law , from castle doctrine, because

6936-550: Is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable. (5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another

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7072-415: Is occurring or has occurred. (B) The presumption provided in subsection (A) does not apply if the person: (1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or (2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under

7208-407: Is occurring...." B. A person has no duty to retreat before threatening or using physical force or deadly physical force pursuant to this section. 21-5222 Use of force in defense of a person. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or

7344-488: Is the one picked up by Benjamin Franklin and others, so that the term has become known as "Blackstone's Ratio". As John Adams , having studied Blackstone, put it: It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... when innocence itself, is brought to the bar and condemned, especially to die,

7480-406: Is understandable, given his family's theological interests, but the more surprising element is the sheer number of texts he owned given his relative poverty as a student. On 9 July 1740, after only a year and a half as a Bachelor of Arts student, Blackstone was admitted to study for a Bachelor of Civil Law degree, civil law being the only legal area recognised by his university. This degree course

7616-442: Is using force to protect such person or a third person. 21-5223. Use of force in defense of dwelling. (a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling, place of work or occupied vehicle. (b) A person

7752-500: The British Enlightenment ", comparing him to Montesquieu , Beccaria and Voltaire . Academics have said that the Commentaries were crucial in changing English Law from a system based on actions to a system of substantive law . At the time of publication, the common law of England was still, in some ways, in its infancy, with people uncertain as to what the law was. The Commentaries helped to solidify legal thinking. At

7888-514: The Commentaries had a substantial impact; with the scarcity of law books on the frontier, they were "both the only law school and the only law library most American lawyers used to practise law in America for nearly a century after they were published." Blackstone had drawn up a plan for a dedicated School of Law, and submitted it to the University of Oxford ; when the idea was rejected he included it in

8024-474: The Commentaries . It is from this plan that the modern system of American law schools comes. Subscribers to the first edition of Blackstone, and later readers who were profoundly influenced by it, include James Iredell , John Marshall , James Wilson , John Jay , John Adams , James Kent and Abraham Lincoln . In the early 1920s the American Bar Association presented a statue of Blackstone to

8160-519: The Commentaries on the Laws of England . In England and America the Commentaries became the basis of university legal education. Demand for reprinted, abridged and translated versions was "almost inexhaustible" in the 18th and 19th centuries, although the Commentaries' emphasis on the sovereignty of Parliament drew ire. Alexis de Tocqueville described Blackstone as "an inferior writer, without liberality of mind or depth of judgment". Other commentators differ; one described him as "the core element in

8296-509: The Court of Chancery are also noted, and he is known to have been consulted in Roger Newdigate 's long-running lawsuit there, but his early court appearances are infrequent. This is considered to have been due to his call to the Bar occurring at the same time as the massive contraction in business by the central courts, along with his singular lack of connections due to his status as an orphan from

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8432-572: The River Thames and the right of advowson over St Peter's Church . In February 1761 Blackstone was considered as a potential Tory candidate for the rotten borough of Hindon in Wiltshire. After consultation with friends, he agreed to this prospect – at the same time refusing the offer of appointment as Lord Chief Justice of Ireland . On 30 March 1761 he was returned for Hindon, and took his seat. This did not limit his legal work, initially, with

8568-569: The Tang , Ming , and Qing retained the doctrine but only during the night, and extending protection only for the owner of the dwelling: making it legal for the owner a house to assault and kill trespassers at night without being guilty of crime, and without being charged or the need to argue one's case before a court. For example the Tang Code states that "If someone enters someone else's house without reason at night, they will be lashed with forty strokes. If

8704-469: The Third Earl of Abingdon , making it an appropriate house for a "great and able Lawyer". Blackstone's treatise was republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen , first published in 1841,

8840-427: The "Order, and principal Divisions" of his lecture series, and a structured introduction to English law. Prest calls this "a marked advance on any previous introduction to English law ... including constitutional, civil and criminal law, public and private law, substantive law and procedure, as well as some introductory jurisprudential content". The initial print run of 1,000 copies almost immediately sold out, leading to

8976-468: The American mind seems to be very strongly against" a duty to retreat. The court went further in saying that no statutory law could require a duty to retreat, because the right to stand one's ground is "founded on the law of nature ; and is not, nor can be, superseded by any law of society." In English law the focus of the test is whether the defendant is acting reasonably in the particular situation. There

9112-505: The Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as

9248-580: The Common Pleas, Blackstone operated under a civil jurisdiction rather than a mixed civil and criminal one. This played to his strengths, and many of his decisions are considered farsighted; the principle in Blaney v Hendricks , for example, that interest is due on an account where money was lent, which anticipated Section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 . Blackstone's decision in Goldswain's Case

9384-728: The English Bar Association; however, at the time, the sculpture was too tall to be placed in the Royal Courts of Justice in London. The sculpture, designed by Paul Wayland Bartlett was eventually cast in Europe and presented back to the US for display. Congress approved the placement of the sculpture in Washington, D.C., on 15 March 1943, and appropriated $ 10,000 for the installation. The bronze statue

9520-414: The Law of Descents in Fee Simple in 1759. The decision to resign was most likely due to the increasing demands of his legal practice and the reduced profit from the lectures, which, after peaking at £340 in 1762, dropped to £239 a year later and to £203 for the final round of lectures in 1765–6. In response, Blackstone decided to publish a new book – Commentaries on the Laws of England . The first volume

9656-499: The Laws of England , which became the best-known description of the doctrines of the English common law . Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford , in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford , on 2 November 1743, admitted to Middle Temple , and called to

9792-506: The Laws of England . So much was this the case that the Commentaries rank second only to the Bible as a literary and intellectual influence on the history of American institutions." Even towards the end of the twentieth century, the Commentaries were cited in Supreme Court decisions between 10 and 12 times a year. Within United States academia and practise, as well as within the judiciary,

9928-416: The Study of the Law . The lecture was tremendously popular, being described as a "sensible, spirited and manly exhortation to the study of the law"; the initial print run sold out, necessitating the publication of another 1,000 copies, and it was used to preface later versions of the Analysis and the first volume of the Commentaries . Within the university, however, Blackstone was not as popular. As soon as

10064-542: The US advocating vigilance and the castle doctrine. This was in concurrence with the culture of manifest destiny which led to westward expansion and the American Indian Wars , the last of which ended by the 1920s . On the American frontier , the doctrine of no duty to retreat extended outside a residence. It asserted that a man in an altercation that he did not provoke was not obliged to flee from his attacker, but

10200-450: The United States in 1985 when Colorado passed a law that shielded people from any criminal or civil liability for using force against a home invader, including deadly force. (The law's nickname is a reference to the line "Go ahead, make my day" (meaning 'do something so I have an excuse to kill you') uttered by actor Clint Eastwood 's character "Dirty Harry" Callahan in the 1983 police film Sudden Impact .) Each jurisdiction incorporates

10336-546: The [common] law." The Commentaries had a particular influence in the United States; James Iredell , an original Associate Justice of the Supreme Court of the United States wrote that the Commentaries were "Books admirably calculated for a young Student, and indeed may instruct the most learned ... Pleasure and Instruction go hand in hand." When the Commentaries were first printed in North America, 1,400 copies were ordered for Philadelphia alone. Academics have also noted

10472-464: The age of the Roman Republic . In English common law the term is derived from the dictum that " an Englishman's home is his castle " (see Semayne's case ). This concept was established as English law by the 17th century jurist Sir Edward Coke , in his The Institutes of the Laws of England , 1628: For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home

10608-547: The aggressor (the burglar)" and goes on to generalize in the following words: And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of ancient Rome, as expressed in the works of Tully; quid enim sanctius, quid omni religione munitius, quam domus uniuscuiusque civium? For this reason no doors can in general be broken open to execute any civil process; though, in criminal causes,

10744-421: The castle doctrine existed. According to Han dynasty legal scholar Zheng Zhong  [ zh ] , the doctrine extends protection onto rooms and other (including very rudimentary) place of dwelling, vehicles (such as carts), and ships: "It is not guilty to immediately assault and kill someone who, without cause, enters another's room or place of dwelling, vehicle, or ship, and with the intention of committing

10880-442: The castle doctrine into its laws in different ways. The circumstance in which it may be invoked include the premises covered (abode only, or other places too), the degree of retreat or non-deadly resistance required before deadly force can be used, etc. Typical conditions that apply to some castle doctrine laws include: In Colorado, the make-my-day statute provides the occupant with immunity from prosecution only for force used against

11016-540: The castle doctrine. The term has been used in England to imply a person's absolute right to exclude anyone from their home, although this has always had restrictions, such as bailiffs having increasing powers of entry since the late-20th century. According to 18th-century Presbyterian minister and biblical commentator Matthew Henry , the prohibition of murder found in the Old Testament contains an exception for legitimate self-defense. A home defender who struck and killed

11152-424: The central courts only sat for three months of the year, the rest of his time was spent on Assize when his work at All Souls permitted. He regularly acted as a law reporter; his personal notes on cases start with Hankey v Trotman (1746). Blackstone's barrister practice began slowly; his first case in the Court of King's Bench was in 1748, and he had only 6 additional motions there through 1751. Two appearances in

11288-484: The common law or their own customs, based on the civil law. With his appointment as assessor (or chief legal officer) of the Chancellor's Court, Blackstone became far more involved in the university's peculiar legal system, and records show him sitting between eight and ten times a year from 1753 to 1759, mainly dealing with small claims of debt. He also wrote a manual on the Court's practice, and through his position gained

11424-429: The completed work earned Blackstone £14,000 (£2,459,000 in 2023 terms). After repeated failures, he successfully gained appointment to the judiciary as a justice of the Court of King's Bench on 16 February 1770, leaving to replace Edward Clive as a justice of the Common Pleas on 25 June. He remained in this position until his death, on 14 February 1780. Blackstone's four-volume Commentaries were designed to provide

11560-494: The creation of a castle doctrine protecting the estate and exonerating any duty to retreat. The use of this legal principle in the United States has been controversial in relation to a number of cases in which it has been invoked, including the deaths of Japanese exchange student Yoshihiro Hattori and Scottish businessman Andrew de Vries . The legal concept of the inviolability of the home has been known in Western civilization since

11696-462: The criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified . Depending on the state the criminal defendants have to prove a minimal time period of safe retreat. Most U.S. jurisdictions have a stand-your-ground law or apply what is known as the castle doctrine , whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been

11832-656: The early reliance of the Supreme Court on the Commentaries , probably due to a lack of US legal tradition at that time. The US academic Robert Ferguson notes that "all our formative documents – the Declaration of Independence , the Constitution , the Federalist Papers and the seminal decisions of the Supreme Court under John Marshall – were drafted by attorneys steeped in Sir William Blackstone's Commentaries on

11968-534: The entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or (b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure. 1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit

12104-456: The family following Charles' death, helps explain the educational upbringing of the children. William Blackstone was sent to Charterhouse School in 1730 having been nominated by Charles Wither, a relative of Mary Blackstone. William did well there, and became head of the school by age 15. However, after Charles' death the family fortunes declined, and after Mary died (5 January 1736) the family's resources largely went to meet unpaid bills. William

12240-441: The force used to stop them). Without this clause, an assailant could sue for medical bills, property damage, disability, and pain and suffering as a result of the injuries inflicted by the defender; or, if the force results in the assailant's death, their next-of-kin or estate could launch a wrongful death suit. Even if successfully rebutted, the defendant (the homeowner/defender) would still have to pay high legal costs leading up to

12376-399: The government open. As such, Blackstone, now MP for Westbury , was apparently approached to become Solicitor-General; he refused, not wanting to deal with the complicated duties attached to the position. On 9 February 1770 – apparently with the intervention of the King, and possibly Lord Mansfield – Blackstone became a Justice of the Common Pleas , succeeding Edward Clive , and was made

12512-413: The group executing Charles Viner's will reported to Convocation that Viner recommended creating a Chair of English Law, with a £200 salary. After much debate, this position was created, and on 20 October 1758 Blackstone was confirmed as the first Vinerian Professor of English Law . On 24 October he gave his first lecture, to "a crowded audience"; the text was soon printed and published as A Discourse on

12648-401: The homeowner kills the intruder immediately, there will be no charges ( 諸夜無故入人家者，笞四十。主人登時殺者，勿論 ). The Great Ming Code ( 大明律 ) states "Anyone who enters someone else's house at night without reason will be punished with eighty strokes of the cane . If the homeowner kills the intruder immediately, there will be no charges" ( 凡夜無故入人家內者，杖八十。主家登時殺死者，勿論 ). The Chinese version of the castle doctrine

12784-708: The law "at least a veneer of scholarly respectability". William Searle Holdsworth , one of Blackstone's successors as Vinerian Professor, argued that "If the Commentaries had not been written when they were written, I think it very doubtful that the United States , and other English speaking countries would have so universally adopted the common law." In the United States, the Commentaries influenced Alexander Hamilton , John Marshall , James Wilson , John Jay , John Adams , James Kent and Abraham Lincoln , and remain frequently cited in Supreme Court decisions. Blackstone

12920-490: The lawful guardianship, of the person against whom the deadly force is used; or (3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or

13056-676: The lecture series opened, an anonymously written open letter was published charging that Blackstone had "violated the Statutes of the University, by arbitrarily changing the Day appointed for reading his solemn Lectures". Blackstone suffered a nervous breakdown soon after the first lecture, and on 24 November he launched a suit in the Chancellor's Court against "William Jackson of the City of Oxford Printer" for £500 damages, justified by Jackson "printing and publishing

13192-556: The life-sized statue of Blackstone in his judicial robes cost £539, and has rested in the Codrington Library (now the All Souls College Library ) since 1872. His brother-in-law, James Clitherow, also published in 1781 two volumes of his law reports which added £1,287 to the estate, and in 1782 the Biographical History of Sir William Blackstone appeared. Blackstone's primary legacy is his written work, specifically

13328-401: The mere occurrence of trespassing —and occasionally a subjective requirement of fear—is sufficient to invoke the castle doctrine, under which the burden of proof of fact is much less challenging than that of justifying homicide in self-defense. However, the existence in a legal code of such a provision (of justifiable homicide in self-defense pertaining to one's domicile ) does not imply

13464-475: The middle class; he was described as "unrecognised and unemployed". He filled his time by acting as counsel for Oxford, and from May 1749 with his election as Recorder of Wallingford . While dividing his time, Blackstone became an administrator at All Souls, securing appointment as accountant, treasurer and bursar on 28 November 1746. Completion of the Codrington Library and Warton Building, first started in 1710 and 1720 respectively but not built until 1748,

13600-434: The most influential legal commentators in world history. Among the most well-known of Blackstone's contributions to judicial theory is his own statement of the principle that it "is better that ten guilty persons escape than that one innocent suffer." While this argument originates at least as far back as Genesis 18:23–32 in the Bible, as well as versions by Maimonides and Sir John Fortescue , Blackstone's analysis

13736-456: The person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer. (C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it

13872-470: The person was a law enforcement officer or bail bondsman in the lawful performance of their official duties. (2011‑268, s. 1.) (Note: In practice North Carolina automatically assumes the use of any level of force is justified unless there is clear, unambiguous proof that the force used was not justified.) (A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that

14008-507: The printing of three more 1,000-book lots over the next three years, which all sold out. A fifth edition was published in 1762, and a sixth, edited to take into account Blackstone's Commentaries on the Laws of England , in 1771. Because of the success of the Commentaries , Prest remarks that "relatively little scholarly attention has been paid to this work"; at the time, however, it was hailed as "an elegant performance ... calculated to facilitate this branch of knowledge". On 8 March 1758,

14144-559: The prosecution in a feud over Louis XV 's newly appointed cross-dressing Ambassador to the United Kingdom. With this increase in his practice, Blackstone also saw an increase in his out-of-court work, writing opinions and recommendations for various Oxford colleges, the MP Jonathan Rashleigh and the fourth Earl of Abingdon , who paid him to draft several private Acts of Parliament. In December 1761, he asked Lord Shelburne ,

14280-406: The public safety supersedes the private. Hence also in part arises the animadversion of the law upon eaves-droppers, nuisancers, and incendiaries: and to this principle it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case. Not only

14416-457: The reaction might have appeared more revenge than self-defense. As to carrying weapons in anticipation of an attack, Evans v Hughes held that for a defendant to justify his possession of a metal bar on a public highway, he had to show that there was an imminent particular threat affecting the particular circumstances in which the weapon was carried. Similarly, in Taylor v Mucklow a building owner

14552-447: The recovery of possession of land, a minority of jurisdictions do invoke pure castle doctrine which unconditionally authorizes violent self-help in protection of one's domicile. (a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use

14688-468: The resort to self-help. This required a threatened party to retreat, whenever property was "involved" and resolve the issue by civil means. Then as now, there were English politicians who were for or against the use of self-help over state-help. William Blackstone , in Book 4, Chapter 16 of his Commentaries on the Laws of England , proclaims that the laws "leave him (the inhabitant) the natural right of killing

14824-546: The result of court rulings that one need not retreat in a place where one has a special right to be. In other states, this has been accomplished by statute, such as that suggested by the Model Penal Code . In Erwin v. State (1876), the Supreme Court of Ohio wrote that a "true man", one without fault, would not retreat. In Runyan v. State (1877), the Indiana court rejected a duty to retreat, saying, "the tendency of

14960-469: The same time, legal education had stalled, and Blackstone's work gave the Law "at least a veneer of scholarly respectability". William Searle Holdsworth , one of Blackstone's successors as Vinerian Professor , argued that "if the Commentaries had not been written when they were written, I think it very doubtful that [the United States], and other English speaking countries would have so universally adopted

15096-493: The seat being given without a requirement to attend or vote in a particular way, and the grant of a patent of precedence at the same time actually increased the demand on his time. Court records show him pleading before Lord Mansfield in the Court of King's Bench soon after his election, and acting as counsel in Tonson v Collins , a copyright case, Thiquet v Bath , an important case on international law, and R v d'Eon , acting for

15232-589: The second and third volumes, published in October 1766 and June 1768, received a similar reception. The fourth and final volume appeared in 1769, dealing with Criminal Law. With the financial success of the Commentaries , Blackstone moved in 1768 from his London property in Carey Fields to No. 55 Lincoln's Inn Fields. Neighbours included the Sardinian ambassador, Sir Walter Rawlinson , Lord Northington , John Morton and

15368-421: The subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever. Blackstone's Ratio is a maxim of English law , having been established as such within a few decades of Blackstone's work being published. It is also cited in courts and law in

15504-411: The suit's dismissal. Without criminal/civil immunity, such civil action could be used as revenge against a lawfully acting defender (who was, originally, the assailant's victim). Use of force in self-defense which causes damage or injuries to other, non-criminally-acting parties, may not be shielded from criminal or civil prosecution, however. In US jurisdictions where the Castle Doctrine applies, there

15640-423: The time hindered his chances. In January 1770, however, Lord Grafton's government began to fall, with Camden resigning on 17 January and Solicitor-General John Dunning, following him. George III appointed Lord North as Prime Minister, and North picked Charles Yorke as Lord Chancellor. Yorke's death on 20 January, after holding the position for less than three days, left several important legal positions within

15776-471: The university, Blackstone announced on 3 July 1753 his intentions to "no longer attend the Courts at Westminster, but to pursue my Profession in a Way more agreeable to me in all respects, by residing at Oxford [and] to engraft upon this Resolution a Scheme which I am told may be beneficial to the University as well as myself", which was to give a set of lectures on the common law – the first lectures of that sort in

15912-614: The various religions in the world. It depicts a narrator's walking dream through the buildings of various religions, which are all (other than Christianity) depicted in a negative light. This followed his election as a Fellow of All Souls College, Oxford on 2 November 1743, and his call to the Bar by the Middle Temple on 28 November 1746. His call to the Bar saw Blackstone begin to alternate between Oxford and London, occupying chambers in Pump Court but living at All Souls College . As

16048-477: The works of Henry Finch , and related legal tracts. In addition to his formal studies, Blackstone published a collection of poetry which included the draft version of The Lawyer to his Muse , his most famous literary work. In 1743 he published Elements of Architecture and An Abridgement of Architecture , two treatises on the rules governing the art of construction. His next work (1747) was The Pantheon: A Vision , an anonymously published book of poetry covering

16184-447: The world of letters", and his legal practice grew as a result. Although not considered a great barrister of the period, he maintained a steady flow of cases, primarily in the King's Bench and Exchequer of Pleas . On the death of the third Earl of Abingdon , Blackstone was retained as counsel for the executors and trustees to oversee the family's attempts to pay off debts and meet other obligations. On 5 May 1761 he married Sarah Clitherow,

16320-424: The world. This was not entirely out of benevolence; according to Prest, Blackstone was likely aware that an Oxford alumnus, Charles Viner , was planning to endow a professorship of English law. The Regius Professorship of Civil Law had also become vacant in 1753; despite support from Lord Mansfield , Blackstone had been rejected in favour of Robert Jenner, widely considered Blackstone's lesser intellectually but

16456-480: Was "heartburning" between the two; Bentham's account is considered dubious because historically, Mansfield and Blackstone had an excellent relationship, with the third volume of the Commentaries describing Mansfield as "a judge, whose masterly acquaintance with the law of nations was known and revered by every state in Europe". There is only one recorded King's Bench case, R v Proprietors of Birmingham Canal Navigation , in which Blackstone and Mansfield disagreed. In

16592-575: Was able to remain at Charterhouse as a "poor scholar", having been named to that position in June 1735 after being nominated by Sir Robert Walpole . Blackstone revelled in Charterhouse's academic curriculum, particularly the Latin poetry of Ovid and Virgil. He began to attract note as a poet at school, writing a 30-line set of rhyming couplets to celebrate the wedding of James Hotchkis , the headmaster. He also won

16728-553: Was an infrequent and "indifferent" speaker during his first session of Parliament, speaking only 14 times in seven years. His chosen career did lend him to politics, in that the lawyers in the House of Commons were often added to select committees to provide them with technical expertise in drafting legislation. He again applied for a judicial post in December 1762, after an opening in the Exchequer of Pleas came up, but lost to George Perrott,

16864-420: Was born on 10 July 1723, five months after Charles' death in February. Although Charles and Mary Blackstone were members of the middle class rather than landed gentry, they were particularly prosperous. Tax records show Charles Blackstone to have been the second most prosperous man in the parish in 1722, and death registers show that the family had several servants. This, along with Thomas Bigg's assistance to

17000-468: Was buried in the family vault under St Peter's Church, Wallingford . As his estate at his death was worth less than £15,000, William Eden secured a £400 annual royal pension for Sarah Blackstone. The initial reaction to Blackstone's death was subdued, but in December 1780 the Fellows of All Souls College agreed that "a Statue be erected to the memory of Sr W Blackstone deceased". Constructed by John Bacon ,

17136-595: Was free to stand his ground and defend himself. A state Supreme Court justice wrote in 1877, Indeed, the tendency of the American mind seems to be very strongly against the enforcement of any rule which requires a person to flee when assailed. American West historian Richard M. Brown wrote that under the circumstances, for a man in the American West to flee under such circumstances would be cowardly and un-American. Legendary dentist and gambler Doc Holliday successfully used this defense when he shot Billy Allen as he entered

17272-509: Was held to be using an unreasonable degree of force in carrying a loaded airgun against a builder who was demolishing a new extension because his bills were unpaid. More dramatically, in AG's Reference (No 2 of 1983) Lord Lane held that a defendant who manufactured ten petrol bombs to defend his shop during the Toxteth riots could set up the defense of showing that he possessed an explosive substance "for

17408-476: Was instead due to political and judicial disagreement, with Yates unwilling to stomach the changes which Mansfield made to English law. Blackstone sat regularly as a judge, despite bouts of ill health, and also served on various circuit courts. Prest describes him as an "exceptionally careful, conscientious and well-respected judge ... his judgments ranging between narrowly framed technicalities [and] broad statements of public commentary". He was, however, considered

17544-530: Was later repeated by Lord Denning in Falmouth Boat Construction Co v Howell in 1950. Blackstone had long suffered from gout , and by November 1779 also had a nervous disorder which caused dizziness , high blood pressure, and possibly diabetes . By 3 February 1780 he was too weak to write, and after "some Days almost totally insensible", he died on 14 February at age 56. After a service conducted by Bishop Barrington on 22 February, Blackstone

17680-583: Was paid £200 by the Prince, who became an "appreciative, loyal, and soon to be incomparably influential patron". This patronage, and Blackstone's purchase of a set of chambers in the Inner Temple , also transferring to that Inn, were significant steps in his departure from Oxford. In 1759 Blackstone published another two works, The Great Charter and the Charter of the Forest, with other authentic Instruments , described as

17816-603: Was probably still followed in 1738, so Blackstone would have studied Greek , science, logic, rhetoric, philosophy, mathematics, geography and poetry. Blackstone was particularly good at Greek, mathematics and poetry, with his notes on William Shakespeare being included in George Steevens ' 1781 edition of Shakespeare's plays. Many of Blackstone's undergraduate texts survive, and they include few legal texts, instead being wide-ranging; politics, current affairs, poetry, geometry and controversial theological texts. The last element

17952-453: Was published in November 1765, bringing the author £1,600 – the full work would eventually bring in over £14,000. Owen Ruffhead described Volume I as "masterly", noting that "Mr Blackstone is perhaps the first who has treated the body of the law in a liberal, elegant and constitutional manner. A vein of good sense and moderation runs through every page". Every copy was sold within six months, and

18088-515: Was reprinted until after the Second World War . The first American edition was produced in 1772; prior to this, over 1,000 copies had already been sold in the Thirteen Colonies. Even after the publication of the Commentaries , Blackstone's chances of judicial appointment remained slim. While he was old enough, experienced enough and widely respected, the presence of Lord Camden as Lord Chancellor and Blackstone's lack of aristocratic patrons at

18224-522: Was seven years long, the first two "supposedly devoted to a broad course of reading in humane studies", which allowed him to study his own interests. On 20 November 1741 he was admitted to the Middle Temple , the first step on the road to becoming a barrister , but this imposed no obligations and simply allowed a legal career to be an option. At the time there was no proper legal education system, and Blackstone read (in his own time) Coke on Littleton ,

18360-769: Was the doctrine considered to justify defense against neighbors and criminals, but any of the Crown's agents who attempted to enter without a proper warrant as well. Prohibitions of the Fourth Amendment to the United States Constitution share a common background with current castle doctrine laws. In 1841, The Preemption Act was passed to "appropriate the proceeds of the sales of public lands... and to grant 'pre-emption rights' to individuals" who were already living on federal lands (commonly referred to as " squatters "). During this same period, claim clubs sprung up all over

18496-608: Was the fourth and posthumous son of Charles Blackstone, a silk mercer from Cheapside , the son of a wealthy apothecary . He became firm friends with Thomas Bigg, a surgeon and the son of Lovelace Bigg, a gentleman from Wiltshire . After Bigg's sister Mary came to London, Charles eventually persuaded her to marry him in 1718. This was not seen as a good match for her, but the couple lived happily and had four sons, three of whom lived into adulthood. Charles (born August 1719) and Henry (May 1722), both became fellows of New College, Oxford , and took holy orders . Their last son, William,

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