Rhetoric, Reality, and Regulation 18B | Zendy

A. W. Brian Simpson | Zendy

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Rhetoric, Reality, and Regulation 18B

Author(s) -

A. W. Brian Simpson

Publication year - 2012

Publication title -

the denning law journal

Language(s) - English

Resource type - Journals

eISSN - 2047-2765

pISSN - 0269-1922

DOI - 10.5750/dlj.v3i1.176

Subject(s) - rhetoric , political science , law , philosophy , theology

"Of great importance to the public is the preservation of this personal liberty, for if once it were left to the power of any, the highest, magistrate to imprison arbitrarily whomever he or his officers thought proper, (as in France it is daily practised by the Crown), there would soon be an end of all other rights and immunities."! So wrote Blackstone, and since his time, and of course earlier, the rhetoric of personal liberty has been a standard feature of common law legal culture. You may recall Dicey's discussion of the rule of law, or as he calls it in one passage, the predominance of the legal spirit:

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