William Blackstone
William Blackstone believed the right to keep arms for self-defense is a natural right, but it is subject to legal restrictions and should be used primarily for the defense of the realm. He emphasized the importance of legal recourse over violent self-help.
- undated “This right of natural defence does not imply a right of attacking: for, instead of attacking one another for injuries past or impending, men need only have recourse to the proper tribunals of justice.”
- undated “every man’s armour should descend to his heir, for defence of the realm”
Extrapolation: William Blackstone's views on the right to keep arms for self-defense are based on the principles of natural rights and civic duty, with a caution against the misuse of arms for violent self-help.
The full record: ledger, contrary evidence, reasoning, sources
1. WHAT HE SAID (the record)
Record ledger
- BELIEF (undated): William Blackstone believed that the right to keep arms for self-defense is an auxiliary right of the subject, allowed by law and based on the natural right of resistance and self-preservation when laws are insufficient to prevent oppression.
- BELIEF (undated): William Blackstone believed that every man's armour should descend to his heir for defense of the realm, as stated in the ordinance of 27 Hen. II., called the assize of arms. "every man's armour should descend to his heir, for defence of the realm"
- BELIEF (undated): William Blackstone believed that the right of natural defense in sudden and violent cases is excusable by the law, but it does not imply a right to attack. He emphasized that people should generally resort to justice rather than taking matters into their own hands, except when immediate suffering would result from waiting for legal assistance. (key quote above)
- ACTION (editor's note) (undated; editor's note, not his words): The editor reports that William Blackstone, in his commentary (vol. ii. p. 412), stated that disarming the bulk of the people to prevent popular insurrections and resistance to government was a reason oftener meant than avowed by the makers of the forest and game laws in Britain. "The commentator himself informs us (vol. ii. p. 412) 'that the prevention of popular insurrections and resistance to government by disarming the bulk of the people is a reason oftener meant than avowed by the makers of the forest and game laws.'"
- ACTION (editor's note) (undated; editor's note, not his words): The editor reports that William Blackstone wrote about the permissibility of assembling friends for defense in certain situations, such as defending one's house, but not for defending one's close. No specific action by William Blackstone is recorded in this passage. "He is not, however, to arm himself and assemble his friends in defence of his close."
What cuts against it
- Nothing in the retrieved passages cuts against the answer beyond the ledger entries above.
2. HOW IT APPLIES (reasoning; inference is marked)
1. William Blackstone believed that the right to keep arms for self-defense is an auxiliary right of the subject, allowed by law and based on the natural right of resistance and self-preservation when laws are insufficient to prevent oppression .
2. He stated that the right of natural defense in sudden and violent cases is excusable by the law, but it does not imply a right to attack. People should generally resort to justice rather than taking matters into their own hands, except when immediate suffering would result from waiting for legal assistance .
3. Blackstone also believed that every man's armour should descend to his heir for defense of the realm, as stated in the ordinance of 27 Hen. II., called the assize of arms .
4. The editor reports that Blackstone, in his commentary, stated that disarming the bulk of the people to prevent popular insurrections and resistance to government was a reason oftener meant than avowed by the makers of the forest and game laws in Britain .
5. However, the editor also notes that William Blackstone wrote about the permissibility of assembling friends for defense in certain situations, such as defending one's house, but not for defending one's close .
3. HIS TAKE
Record coverage: PARTIAL
The record is silent on the exact modern interpretation of the right to keep arms for self-defense and the specific legal implications in contemporary contexts.
Extrapolation: William Blackstone viewed the right to keep arms as a natural right tied to the defense of the realm and self-preservation, but he emphasized the importance of legal recourse and the dangers of violent self-help.
Competing readings: The record supports the view that Blackstone saw the right to arms as a civic duty and a natural right, but it also shows a caution against the misuse of arms for violent self-help.
Confidence: Moderate, based on the partial coverage and the competing readings in the record.
- Commentaries on the Laws of England in Four Books, 2 vols.: Commentaries on the Laws of England in Four Books, vol. 1 (George Sharswood (editor)), p. 144. Document: CHAPTER I.: OF THE ABSOLUTE RIGHTS OF INDIVIDUALS.. Date: undated. Source type: old edited collection. Passage id: blackstone/sharswood-commentaries-on-the-laws-of-england-in-four-books-vol-1/0001.24
- Commentaries on the Laws of England in Four Books, 2 vols.: Commentaries on the Laws of England in Four Books, vol. 1 (George Sharswood (editor)), p. 66. Document: CHAPTER V.: OF THE ANCIENT ENGLISH TENURES. Date: undated. Source type: old edited collection. Passage id: blackstone/sharswood-commentaries-on-the-laws-of-england-in-four-books-vol-1/0023.06
- Commentaries on the Laws of England in Four Books, 2 vols.: Commentaries on the Laws of England in Four Books, vol. 2 (George Sharswood (editor)). Document: CHAPTER XIV.: OF HOMICIDE.. Date: undated. Source type: old edited collection. Passage id: blackstone/sharswood-commentaries-on-the-laws-of-england-in-four-books-vol-2/0051.09
- Commentaries on the Laws of England in Four Books, 2 vols.: Commentaries on the Laws of England in Four Books, vol. 1 (George Sharswood (editor)). Document: Editor's note [n70]. Date: undated. Source type: EDITOR'S NOTE (the editor's words, not the person's). Passage id: blackstone/sharswood-commentaries-on-the-laws-of-england-in-four-books-vol-1/0430.00
- Commentaries on the Laws of England in Four Books, 2 vols.: Commentaries on the Laws of England in Four Books, vol. 2 (George Sharswood (editor)). Document: Editor's note [n2444]. Date: undated. Source type: EDITOR'S NOTE (the editor's words, not the person's). Passage id: blackstone/sharswood-commentaries-on-the-laws-of-england-in-four-books-vol-2/2524.00
Quote check: PASSED (4/4 quotations verified verbatim)