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The two sides of Magna Carta: How good government sometimes wins out over public choice

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  • Epstein, Richard A.

Abstract

This article examines two rival interpretations of Magna Carta. It rejects the view that Magna Carta is largely a special interest deal between the King and the Barons, and defends the proposition that by and large it works as a public-regarding document that did much to cure the defects of the feudal and judicial systems that had evolved under King John. A clause-by-clause analysis of the document, dealing with such matters as tenurial succession, marriage, courts and judicial procedures, debtor and creditor arrangements, and property rights and liberties shows that Magna Carta exhibited a high degree of technical excellence. By constantly referring back to ancient customs, Magna Carta introduced sensible reforms, some of which were peculiar to the feudal system, but others of which carry over to similar problems today. The durability of the Magna Carta is justified by its political and legal achievements.

Suggested Citation

  • Epstein, Richard A., 2016. "The two sides of Magna Carta: How good government sometimes wins out over public choice," International Review of Law and Economics, Elsevier, vol. 47(S), pages 10-21.
    • Handle: RePEc:eee:irlaec:v:47:y:2016:i:s:p:10-21
    DOI: 10.1016/j.irle.2016.05.003
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    1. Buckland, William Warwick, 1908. "The Roman Law of Slavery," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number buckland1908.
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    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other
    • N43 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: Pre-1913

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