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What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.
Sometime before the middle of the twelfth century, an anonymous English writer composed the Leges Edwardi, a treatise purporting to contain the laws that had been in force under the Anglo-Saxon King Edward the Confessor (1042-1066), cousin of William the Conqueror. The laws were said to have been spoken to William shortly after the Conquest by "English nobles who were wise men and learned in their law," recounting "the rules of their laws and customs" for the invading Norman king. When they had finished, the king wondered whether it might not be better for all of them to live under the law of his Viking ancestors; the English, however, protested that they preferred to live by their own preconquest laws. The king acquiesced, and thus, goes the story, were the laws of King Edward the Confessor authorized. Looking through the lens of this important—if spurious—treatise, God's Peace and King's Peace offers the first ground-level view of English law during the century in which the common law was born. Bruce R. O'Brien compares the Leges Edwardi to other memorials of legal policy and practice from before and after 1066, in both Normandy and England, and advances conclusions about the treatises' reliability on specific points of law. He also shows how the Laws of Edward the Confessor, taken as a record of English law at the conquest, came to be used as authoritative evidence behind the Magna Carta that the king was under the law, and how it was eventually declared a notorious forgery by seventeenth-century antiquaries and Enlightenment historians.
Edward I—one of the outstanding monarchs of the English Middle Ages—pioneered legal and parliamentary change in England, conquered Wales, and came close to conquering Scotland. A major player in European diplomacy and war, he acted as peacemaker during the 1280s but became involved in a bitter war with Philip IV a decade later. This book is the definitive account of a remarkable king and his long and significant reign. Widely praised when it was first published in 1988, it is now reissued with a new introduction and updated bibliographic guide. Praise for the earlier edition:"A masterly achievement. . . . A work of enduring value and one certain to remain the standard life for many years."—Times Literary Supplement "A fine book: learned, judicious, carefully thought out and skillfully presented. It is as near comprehensive as any single volume could be."—History Today "To have died more revered than any other English monarch was an outstanding achievement; and it is worthily commemorated by this outstanding addition to the . . . corpus of royal biographies."—Times Education Supplement
This study of Edward I's governance radically re-evaluates his motivations and achievements, presenting an entirely new interpretation of his reign.