© 2002 Alliance Defense Fund | “When the Supreme Being formed the Universe and created matter out of nothing,he impressed certain principles upon that matter from which it can never depart without which it would cease to be….Man considered as a creature must necessarily be subject to the laws of his Creator…. It is necessary that he should in all points conform to his Maker’s will…. This will of his Maker is called the law of Nature…. Hence it follows that the first and primary end of human laws is to maintain these absolute [God-given] rights to individuals.” - Sir William Blackstone |
Sir William Blackstone (1723-1780) was a contemporary of the framers of the U.S. Constitution. An English judge who went on to become the first Vinerian professor of law at Oxford University, Blackstone is best known for his Commentaries on the Laws of England, the original foundation for legal education in America.
In these Commentaries, Blackstone explained that the basis upon which English Common Law sits is a higher law, the law written by God and found in His scriptures. Because of this, man has no authority to write a law that contradicts God’s law. In fact, this was the basic premise of the Declaration of Independence: the King had violated rights granted to man by God.
Blackstone called this concept “ultravari,” which means it is beyond the authority of man to write a law that violates God’s law. Blackstone also said that law is fixed, it is uniform, and it is universal. It does not change based on who the President is, or who holds judicial positions. It is the same law for everybody at all times and places.
Blackstone’s influence on American law was pervasive and profound. His writings trained nearly every American lawyer until the mid-19th century. Sadly, his influence and the Christian worldview have since been virtually eradicated from American law schools.