Abstract
The story of a medieval law merchant has a strong hold on scholars interested in private ordering. Despite numerous historical works demonstrating the falsity of the myth, it continues to be discussed regularly in scholarship as if it were an accurate portrayal of the past. This article tests the law merchant story against evidence about the mechanisms of medieval trade. It suggests that medieval commerce had little space for a specialized law, and thatmerchants had little need for it because of both the well-developed trading infrastructure and the actions of local governments to ensure the protection of legal rights.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 251-289 |
| Number of pages | 39 |
| Journal | Journal of Legal Analysis |
| Volume | 7 |
| Issue number | 2 |
| DOIs | |
| State | Published - Dec 1 2015 |
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ASJC Scopus subject areas
- Law
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The medieval law merchant : The tyranny of a construct. / Kadens, Emily.
In: Journal of Legal Analysis, Vol. 7, No. 2, 01.12.2015, p. 251-289.Research output: Contribution to journal › Article
TY - JOUR
T1 - The medieval law merchant
T2 - The tyranny of a construct
AU - Kadens, Emily
PY - 2015/12/1
Y1 - 2015/12/1
N2 - The story of a medieval law merchant has a strong hold on scholars interested in private ordering. Despite numerous historical works demonstrating the falsity of the myth, it continues to be discussed regularly in scholarship as if it were an accurate portrayal of the past. This article tests the law merchant story against evidence about the mechanisms of medieval trade. It suggests that medieval commerce had little space for a specialized law, and thatmerchants had little need for it because of both the well-developed trading infrastructure and the actions of local governments to ensure the protection of legal rights.
AB - The story of a medieval law merchant has a strong hold on scholars interested in private ordering. Despite numerous historical works demonstrating the falsity of the myth, it continues to be discussed regularly in scholarship as if it were an accurate portrayal of the past. This article tests the law merchant story against evidence about the mechanisms of medieval trade. It suggests that medieval commerce had little space for a specialized law, and thatmerchants had little need for it because of both the well-developed trading infrastructure and the actions of local governments to ensure the protection of legal rights.
UR - http://www.scopus.com/inward/record.url?scp=84963537252&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=84963537252&partnerID=8YFLogxK
U2 - 10.1093/jla/lav004
DO - 10.1093/jla/lav004
M3 - Article
AN - SCOPUS:84963537252
VL - 7
SP - 251
EP - 289
JO - Journal of Legal Analysis
JF - Journal of Legal Analysis
SN - 2161-7201
IS - 2
ER -