Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-22T22:38:13.714Z Has data issue: false hasContentIssue false

3 - Explaining Functional Layering and Institutional Fusion: The Role of Power

from Part I - The Origins of Representative Institutions: Power, Land, and Courts

Published online by Cambridge University Press:  18 June 2021

Deborah Boucoyannis
Affiliation:
George Washington University, Washington DC
Get access

Summary

Incentives to attend parliament should have been common to both the French and the English nobility . Yet only the English nobility ended up being regularly involved in parliamentary proceedings. Their presence was fundamental for functional fusion and institutional layering to occur. Only where the nobility was compelled to attend parliament, especially in connection to its judicial functions, did the crown have a regular forum to raise taxation. Justice provided the regularity that taxation did not, allowing the institution to consolidate. Conversely, when the most powerful groups were regularly present in a central institution, they were able to solve their collective action problem and cooperate to oppose the crown. The chapter thus shows that the capacity of the English crown to compel nobles for judicial and political service was greater than that of France. The point is further established through the literature on Legal Origins, which explains the divergence of Common from Civil Law, as well as by an assessment of the remarkable level of conscription of English subjects to perform judicial functions that were disbursed by paid officials in France.

Type
Chapter
Information
Kings as Judges
Power, Justice, and the Origins of Parliaments
, pp. 59 - 84
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×