Legal Definitions - Blackstone lawyer

The term Blackstone lawyer refers to two distinct but related concepts in legal history and practice:

• First, it describes a legal professional who possesses an exceptionally broad and deep understanding of blackletter principles. These are the fundamental, well-established, and often ancient rules of law that form the bedrock of common law systems. A Blackstone lawyer, in this sense, can readily recall and apply these foundational principles to complex legal issues, demonstrating a mastery of the basic traditions and structure of the law.

• Second, and historically, it referred to a lawyer whose legal education was primarily self-taught, largely through the intensive study of William Blackstone's seminal 18th-century treatise, Commentaries on the Laws of England. Particularly prevalent in early American legal practice before the widespread establishment of formal law schools, individuals would immerse themselves in Blackstone's work to gain a comprehensive understanding of English common law, which served as the basis for American law.

Examples:

• Imagine a senior appellate judge who, when faced with a novel legal question, doesn't just look at recent statutes but delves into centuries of common law precedent, citing ancient legal maxims to explain the underlying principles. Her colleagues might refer to her as a Blackstone lawyer because of her profound grasp of the fundamental, established rules that form the bedrock of the legal system.

  This example illustrates the first meaning, as the judge's ability to draw upon deep, established legal principles demonstrates a broad knowledge of "blackletter" law, akin to the comprehensive understanding systematized by Blackstone.

• Consider a young aspiring lawyer in the American frontier during the early 19th century. With no law schools available in his remote town, he spends years diligently studying a worn copy of Blackstone's Commentaries on the Laws of England by candlelight. Through this intensive self-study, he gains the knowledge necessary to pass the bar examination and begin his practice. He would have been considered a Blackstone lawyer in his time.

  This example directly demonstrates the second meaning, highlighting the historical practice where individuals became lawyers primarily through self-education, with Blackstone's Commentaries serving as their primary legal textbook.