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Follow the relationship between an injury, access to a tribunal, and the form of redress. These texts also identify situations in which historical law directed grievances beyond an ordinary court action.
Printed page 141 · PDF page 161
Access to courts for redress
Blackstone presents access to courts for redress of injuries as an auxiliary protection of personal security, liberty, and property. He invokes Magna Carta and Coke. This is historical commentary about legal protection, not a modern jurisdictional test.
1 William Blackstone, Commentaries on the Laws of England 141 (Oxford, William Strahan, Thomas Cadell, & Daniel Prince 7th ed. 1775).
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Original source record ↗Printed page 7 · PDF page 19
Restoration or an equivalent
Blackstone distinguishes redressing the injured party by restoration or an equivalent from protecting society through prevention and punishment. Read the preceding page for his battery and public-nuisance examples.
4 William Blackstone, Commentaries on the Laws of England 7 (Oxford, William Strahan, Thomas Cadell, & Daniel Prince 7th ed. 1775).
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Original source record ↗Printed page 143 · PDF page 163
When ordinary legal remedies are inadequate
Blackstone describes petition to the king or Parliament for an uncommon injury that the ordinary course of law is too defective to reach. The passage helps distinguish the existence of a grievance from the availability of a particular judicial remedy.
1 William Blackstone, Commentaries on the Laws of England 143 (Oxford, William Strahan, Thomas Cadell, & Daniel Prince 7th ed. 1775).
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