Sir William Blackstone is often praised for laying the groundwork for American jurisprudence with his Commentaries on the Laws of England. Blackstone's Commentaries were one of the most widely read books in the colonies, and his views of the laws of England were often incorporated into the laws of America. One portion of Blackstone's Commentaries that has largely been forgotten by modern legal scholars but which played a significant role in forming the thought of founding fathers like James Wilson was Blackstone's answer to the question of where laws come from. What follows is a condensed version of Blackstone's somewhat loquacious answer to that question.
It has become rather common in our day to hear descriptions of our founding fathers as bold rebels daring to defy the authority of the British government, but is that really what happened? Was the American Revolution an act of rebellion against England? That has certainly become a popular theme in modern, American education, but the records of the founding era tell a different story.
I recently had the opportunity to listen to a debate between Mark Hall and Steven Green on the topic of the Christian foundation of America. Hall has written a book defending the idea that America had a Christian foundation, and Green has written a book in defense of the opposite view. I obviously agree with Hall, but I thought that he could have done a better job of refuting some of Green’s claims (and he probably does so in his book). Since I was taking notes anyway, I thought that I would share a few of my objections to Green’s claims.
With the battle over marriage taking place in Alabama's courts, I thought that it would be a good idea to remind everyone of the view of marriage that was foundational to our nation. This view is conveyed very clearly in James Wilson's Lectures on the Law. Wilson was one of the most influential of our founding fathers. He was one of only six men to sign both the Declaration of Independence and the Constitution, and he was one of the six original Supreme Court justices. Wilson's Lectures on the Law give us an unprecedented view of the legal foundation on which our nation was established. With this in mind, it is my opinion that Wilson's statements on marriage should carry tremendous weight in any decision regarding that institution today
Bill Fortenberry is a Christian philosopher and historian in Birmingham, AL. Bill's work has been cited in several legal journals, and he has appeared as a guest on shows including The Dr. Gina Show, The Michael Hart Show, and Real Science Radio.
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"Give instruction to a wise man, and he will be yet wiser: teach a just man, and he will increase in learning." (Proverbs 9:9)