| Budget Amount *help |
¥1,700,000 (Direct Cost: ¥1,700,000)
Fiscal Year 1995: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 1994: ¥800,000 (Direct Cost: ¥800,000)
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| Research Abstract |
W.Blackstone has not been valued highly, rather openly criticized among the legal historians and the jurisprudential thinkers in Japan. I believe there is the similar tendency in England. They say that Black-stone was an indiscriminate apologist for all things established, and, as a jurisprudential thinker, he was weak and confused.
I have reviewed this popular valuation against Blackstone and his work, the Commentaries, and concluded with Sir W.Holdsworth and especially S.F.C.Milsom the following. First, Blackstone summed up the main principles of the law which were the basis and starting-point of the law-reformers of the 19th century. Secondly, Blackstone's work helped to render unnecessary a codification of English law. Thirdly, it was largely due to the Commentaries that English common law became also the common law of the United States. Fourthly, Blackstone was the pioneer who suggested the university teaching of law. And last but not least, the transformation of the law into a substantive system, that is one of the most characteristics of the modern law system, was precipitated by Blackstone's effort to make sense of law for laymen.
Therefore, I believe that it may be maintained that Blackstone's influence has been more far-reaching and more permanent than that of Bentham.
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