The paper analyzes the approach of Sir John Fortescue to the law and politics of constitutions, and especially constitution-making in fifteenth century England in his works De Laudibus Legum Angliae, and The Governance of England. In these mirrors for princes, Fortescue outlines the optimum means of governance of the people, through involvement of the people in the parliament, juries, and a council advising the king. His view was that all parts of the body politic must contribute to the continuing health of the nation, and that in this the support and involvement of the people was pivotal. The paper argues that Fortescue was prescient in many ways, his approach to constitutions, constitutional law and the politics of governance affecting later scholars and lawyers in a significant fashion, and that there is still much to be gained from his work.
|Title of host publication||Constitutions and the Classics|
|Subtitle of host publication||Fortescue, the Levellers, Harrington, Hobbes, Lockes, Hume and Bentham|
|Editors||D. J. Galligan|
|Place of Publication||Oxford|
|Publisher||Foundation for Law, Justice and Society and the Centre for Socio-Legal Studies, Oxford University|
|Number of pages||31|
|Publication status||Published - 2008|
|Event||Constitutions and the Classics - Oxford, England|
Duration: 3 Dec 2008 → 4 Dec 2008
|Conference||Constitutions and the Classics|
|Period||3/12/08 → 4/12/08|
- Sir John Fortescue
- body politic
- political dominion
Kelly, M. R. L. L. (2008). Sir John fortescue and the political dominium. In D. J. Galligan (Ed.), Constitutions and the Classics: Fortescue, the Levellers, Harrington, Hobbes, Lockes, Hume and Bentham (pp. 1-31). Oxford: Foundation for Law, Justice and Society and the Centre for Socio-Legal Studies, Oxford University.