Open AccessEfficacy, impact and English legal history
Author(s) -
Thomas Glyn Watkin
Publication year - 2020
Publication title -
acta universitatis lodziensis. folia iuridica
Language(s) - English
Resource type - Journals
eISSN - 2450-2782
pISSN - 0208-6069
DOI - 10.18778/0208-6069.91.07
Subject(s) - legislation , intervention (counseling) , law , political science , order (exchange) , legal history , law and economics , sociology , psychology , economics , finance , psychiatry
Theorists of law and of social policy distinguish between the efficacy and the impact of laws and legislation. Efficacy concerns the achievement of the effects intended by law-makers. Impact refers to the actual consequences. At times, the two diverge. Sometimes, it is only after a lengthy period that the impact is appreciated. The impact sometimes requires intervention by legislators or judges acting purposively in order to correct unforeseen or unfortunate consequences. The extent of judicial intervention is not always clear from the surviving records. This article argues that an awareness of the possibility of such occurrence is essential if legal history is to present the whole truth concerning legal developments.