Richard Goddard Credit and Trade in Later Medieval

Total Page:16

File Type:pdf, Size:1020Kb

Richard Goddard Credit and Trade in Later Medieval PALGRAVE STUDIES IN THE HISTORY OF FINANCE CREDIT AND TRADE IN LATER MEDIEVAL ENGLAND, 1353–1532 RICHARD GODDARD Palgrave Studies in the History of Finance Series Editors D’Maris Coffman University College London, Bartlett School of Construction and Project Management United Kingdom Tony K. Moore University of Reading United Kingdom Martin Allen Fitzwilliam Museum of the University of Cambridge United Kingdom Sophus Reinert Harvard Business School USA Th e study of the history of fi nancial institutions, markets, instruments and concepts is vital if we are to understand the role played by fi nance today. At the same time, the methodologies developed by fi nance academ- ics can provide a new perspective for historical studies. Palgrave Studies in the History of Finance is a multi-disciplinary eff ort to emphasise the role played by fi nance in the past, and what lessons historical experiences have for us. It presents original research, in both authored monographs and edited collections, from historians, fi nance academics and econo- mists, as well as fi nancial practitioners. More information about this series at http://www.springer.com/series/14583 Richard Goddard Credit and Trade in Later Medieval England, 1353–1532 Richard Goddard Department of History University of Nottingham United Kingdom Palgrave Studies in the History of Finance ISBN 978-1-137-48985-2 ISBN 978-1-137-48987-6 (eBook) DOI 10.1057/978-1-137-48987-6 Library of Congress Control Number: 2016936092 © Th e Editor(s) (if applicable) and Th e Author(s) 2016 Th e author(s) has/have asserted their right(s) to be identifi ed as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. Th is work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and trans- mission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Th e use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Th e publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover illustraction: V&A Images / Alamy Stock Photo Printed on acid-free paper Th is Palgrave Macmillan imprint is published by Springer Nature Th e registered company is Macmillan Publishers Ltd. London Th is work is dedicated to the memory of Walter Emanuel Goddard (1921–2010) Acknowledgments Th e research was partly funded by a Fellowship Grant from the Arts and Humanities Research Council (AH/I026391/1). Th e bulk of the research for this project was funded by the School (now Department) of History at the University of Nottingham. I am immensely grateful for this and for the generous support and encouragement from colleagues and friends at the University. I would like to extend special thanks to all of my Special Subject students over the last few years. Our discussions in class have had a real impact upon my understanding of the past. Finally, I off er all my love and gratitude to my family—Allison and Grace—for their patience and forbearance during the cloistered writing process. vii Staple, Merchant and Borough Scotland Courts used in this study Newcastle-upon-Tyne EASTERN Chester LLincolnincoln NNottinghamottingham Boston Norwich CCENTRALENTRAL EASTERN CCoventryoventry Wales Colchester OOxfordxford WWestministerestminister Bristol SSOUTHOUTH EEASTAST Canterbury SSailsburyailsbury Bridgwater WWinchesterinchester SSOUTHOUTH WWESTEST Southampton Exeter Chichester N 050miles 050km Staple Courts Staple and Borough Courts Merchant Courts Merchant and Borough Courts Borough Courts Contents 1 Th e Statute Staple and Trade Finance in Later Medieval England 1 Introduction 1 Th e Statute Staple 4 Stage One: Th e Recognisance 7 Stage Two: Th e Certifi cate 9 Stage Th ree: Th e Extent 16 Th e Statute Staple and the Financing of English Trade 19 Th e Repayment of Staple Debts 29 Th e Charging of Interest in Staple Debts 38 Beyond the Staple: Alternative Sources of Trade Finance 40 2 Merchants and Trade 49 Introduction 49 Staple Credit and Domestic Trade: Wool 53 Th omas Cressy and the Domestic Wool Trade 55 Staple Credit and Domestic Trade: Cloth 63 Cloth Manufacture and Staple Credit 65 Th e Distribution of Finished Cloth and Staple Credit 69 John Beauchamp and the Domestic Cloth Trade 70 Staple Credit and the Trade in Imports 80 ix x Contents Th e Trade in Imports at Provincial Towns: Lincoln and Boston, Chichester and Southampton 85 Provincial Merchants and the Trade in Imports: Boket and Fetplace 88 Th e Trade in Imports: John Norwich and the Turtledoves 91 3 Boom and Bust: Patterns of Borrowing in Later Medieval England 97 Introduction 97 Th e Later Fourteenth Century: Boom 100 Th e Early Fifteenth Century: Bust 109 Th e Later Fifteenth Century: A Faltering Revival 119 Th e Early Sixteenth Century: Recovery 121 Th eoretical Approaches: Long Waves, Shocks and Asset Bubbles 129 4 Th e Geography of Recession: Provincial Credit in Later Medieval England 147 Introduction 147 Regional Economic Disparity 156 Th e Central Region 159 Th e Eastern Region 162 Th e South West Region and the Geography of Recession 169 Th e South East Region and the ‘Irresistible’ Pull of London 181 5 London: Th e Commercial Powerhouse 195 A City of Superlatives 195 Th e Westminster Staple 198 Size Matters 212 Th eoretical Approaches 236 6 Conclusion 243 Bibliography 251 Index 271 Abbreviations CCR Calendar of Close Rolls CPR Calendar of Patent Rolls Statutes of the realm Th e statutes of the realm: printed by command of His Majesty King George the Th ird, in pursuance of an address of the House of Commons of Great Britain: from original records and authentic manuscripts, 11 vols. London: George Eyre and Andrew Strahan, 1810–22. Plea and memoranda rolls Calendar of plea and memoranda rolls preserved among the archives of the Corporation of the City of London at the Guildhall, 6 vols, edited by A. H. Th omas and Phillip E. Jones. Cambridge: Cambridge University Press, 1926–61. Letter Book Calendar of letter-books preserved among the archives of the Corporation of the City of London at the Guildhall, 11 vols, edited by Reginald R. Sharpe. London: John Edward Francis, 1899–1911. TNA Th e National Archives, Kew, London. All archive references (“C,” “CP,” “E,” “PROB,” and “SC”) are TNA class marks unless otherwise indicated. xi List of Figures Fig. 3.1 Transaction dates of Statute Staple certifi cates and extents of debt, 1353–1532 99 Fig. 3.2 Mean decennial repayment terms, 1360–1529 106 Fig. 4.1 Th e Staple courts of the Central region. (a) Chester. (b) Coventry. (c) Lincoln. (d) Nottingham 157 Fig. 4.2 Th e Staple courts of the Eastern region. (a) Boston. (b) Colchester. (c) Newcastle. (d) Norwich 163 Fig. 4.3 Th e Staple courts of the South West region. (a) Bridgwater. (b) Bristol. (c) Exeter. (d) Salisbury 170 Fig. 4.4 Th e Staple courts of the South East region. (a) Canterbury. (b) Oxford. (c) Winchester 183 Fig. 5.1 Statute Staple certifi cates enrolled at Westminster, 1360–1529 (N = 6,407) 199 Fig. 5.2 Statute Staple certifi cates by region, 1360–1529 (N = 8,604) 204 xiii List of Tables Table 1.1 Staple, merchant and borough courts used in this study 12 Table 2.1 Textile-related occupations cited in the Staple certifi cates, 1353–1532 63 Table 3.1 Th e number of certifi cates received by Chancery in 1315, 1331, 1343 and 1360 102 Table 3.2 Th e decennial mean of defaulted credit transactions per year, 1380–1459 109 Table 3.3 Decennial proportions of certifi cates over the mean recovery time (three years, 14 days), 1390–1489 114 Table 3.4 (a) Recorded English mint outputs, 1355–1530; (b) Estimates of English currency, 1290–1544 141 Table 4.1 Debt pleas recorded at the Bristol Staple, 1509–13 173 Table 4.2 Use of the ‘home’ Staples, 1353–99 185 Table 4.3 Fifty-year totals of the number of certifi cates registered outside the home Staple and their percentages 190 Table 5.1 London creditors at provincial Staple courts, by region, 1353–1532 (N=97) 200 Table 5.2 Non-London debtors at the Westminster Staple, by region, 1353–1532 202 Table 5.3 Debtors and creditors from London using the Westminster Staple, 1352–1532 210 Table 5.4 Artisan and retail company membership in the fi fteenth century 225 xv 1 The Statute Staple and Trade Finance in Later Medieval England Introduction But now they [merchants] make mention of many thousands [of pounds]— and without doubt there are some who, if they paid their debts without bargaining (or deception), would not have any more than a fl orin with which to pay. (John Gower, Mirour de l’Omme , lines 25813–24 (c. 1376–9).1 Th is worthy man [the Merchant] very well used his wits, there no man knew he was in debt, so dignifi ed was he of his management, with his buy- ing and selling and his borrowing.
Recommended publications
  • 'LAW MERCHANT' and the FAIR COURT of ST. IVES, 1270-1324 By
    THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs This thesis has since been revised for publication. The updated version may be cited as: Stephen E. Sachs, From St. Ives to Cyberspace: The Modern Distortion of the Medieval ‘Law Merchant,’ 21 AM. U. INT’L L. REV. (2006). An electronic copy of the revised version is available at: http://ssrn.com/id=830265 © 2002 Stephen E. Sachs THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs A thesis submitted to the Department of History in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Honors Harvard University Cambridge Massachusetts 21 March 2002 © 2002 Stephen E. Sachs TABLE OF CONTENTS Acknowledgements ..........................................................................................................i Abbreviations................................................................................................................ iii Chapter I: Introduction ...................................................................................................1 Chapter II: Who Rules the Fair? Authority Over a “Merchant Court” ............................9 Chapter III: One Law Merchant, or Several? ................................................................50 Chapter IV: Merchant Law and Politics........................................................................98 Epilogue: Lex Mercatoria and Lex Cyberspace...........................................................119 Bibliography ...............................................................................................................125
    [Show full text]
  • CREATING an AMERICAN PROPERTY LAW: ALIENABILITY and ITS LIMITS in AMERICAN HISTORY Claire Priest
    CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY Claire Priest Contact Information: Northwestern University School of Law 357 East Chicago Ave. Chicago, IL 60611 Phone: (312) 503-4470 Email: [email protected] Acknowledgements: ∗Associate Professor of Law, Northwestern University School of Law. B.A., J.D., Ph.D. Yale University. I would like to thank James McMasters of Northwestern’s Law Library for his help in finding copies of many of the primary sources used to write this Article. For extremely valuable comments and suggestions, I would like to thank Bernard Bailyn, Stuart Banner, Kenworthey Bilz, Charlotte Crane, David Dana, Michele Landis Dauber, Christine Desan, Tony A. Freyer, Morton J. Horwitz, Daniel Hulsebosch, Stanley N. Katz, Daniel M. Klerman, Naomi Lamoreaux, Charles W. McCurdy, Edmund S. Morgan, Janice Nadler, Sarah Pearsall, Dylan Penningroth, George L. Priest, Richard J. Ross, Emma Rothschild, Dhananjai Shivakumar, Kenneth L. Sokoloff, Vicky Saker Woeste, Gavin Wright and the seminar participants at Northwestern University School of Law’s Faculty Workshop, Stanford Law School’s Faculty Workshop, UCLA’s Legal History Colloquium and Economic History Workshop, NYU’s Legal History Colloquium, the University of Florida Fredric G. Levin College of Law’s Faculty Workshop, the Chicago Legal History Seminar, the American Society for Legal History’s Annual Meeting, the University of Illinois College of Law’s Faculty Workshop, the Omohundro Institute of Early American History’s Annual Conference, and Harvard University’s Conference on Atlantic Legalities. The Julius Rosenthal Fund at Northwestern University School of Law provided generous research support. CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY This Article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors.
    [Show full text]
  • Abolishing the Doctrine of Consideration - the Story of the Arra- Part 2
    ilr.ccsenet.org International Law Research Vol. 7, No. 1; 2018 Abolishing the Doctrine of Consideration - The Story of the Arra- Part 2 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: December 26, 2017 Accepted: January 16, 2018 Online Published: February 10, 2018 doi:10.5539/ilr.v7n1p95 URL: https://doi.org/10.5539/ilr.v7n1p95 20. PLOWDEN (1565) Sharington v Strotton (1565)1 concerned the conveyance of land by use by the owner to his brother and heirs, reserving a life interest (a liferent).The case was reported by Plowden and much use of the word 'consideration' was made of - albeit, it should be noted that Plowden's reports were published in Law French in 1571 and translated in 1761. The case arose on a bill of trespass against Strotton and others for taking timber without authority from land subject to a use (a trust) contained in a deed. The crucial issue was whether the use was valid. Counsel for the P's (Fleetwood and Wray) argued that the use was invalid since there was no consideration. Plowden (appearing for the D's with Bromley - he described himself as an 'apprentice of the Middle Temple') argued that the use was valid since a deed 'imported consideration' 2 - a proposition of law accepted by later courts and one which still prevails today (the actual case held that natural love and affection was sufficient consideration but this was soon reversed).3 So, what was consideration ? And, why was natural love and affection treated as, in effect, having a money value (being a good price) ? (a) Use of the Word 'Consideration' The word 'consideration' was used extensively in the case report.
    [Show full text]
  • Jury Service in Victoria
    LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT Volume 3 DECEMBER 1997 LOAN COPY (PLEASE RETURN TO THE PROCEDURE OFFICE) PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT VOLUME 3 REPORT ON RESEARCH PROJECTS Ordered to be Printed Melbourne Government Printer December 1997 76 Session 1996-97 COMMITTEE MEMBERSHIP CHAIRMAN Mr Victor Perton, MP DEPUTY CHAIR Mr Neil Cole, MP MEMBERS Mr Florian Andrighetto, MP Hon Carlo Furletti, MLC Hon Monica Gould, MLC Mr Peter Loney, MP Mr Noel Maughan, MP Mr Allster Paterson, MP Mr John Thwaites, MP The Committee's address is — Level 8, 35 Spring Street MELBOURNE VICTORL\ 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 96513674 Email — [email protected] Internet— http : / / www^. vicnet.net.au / -lawref ui Jury Service in Victoria—Final Report: Volume 3 COMMITTEE STAFF EXECUTIVE OFFICER and DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICERS Mr Mark Cowie (until 10 November 1995) Ms Padma Raman (from 3 March 1997) Ms Rebecca Waechter (until 18 November 1997) ADDITIONAL RESEARCH ASSISTANCE Ms Angelene Falk OFFICE MANAGERS Mrs Rhonda MacMahon (until 18 October 1996) Ms Lyn Petersen (from 2 December 1996 to 1 June 1997) Ms Angelica Vergara (from 11 August 1997) Jury Service in Victoria—Final Report: Volume 3 CONTENTS Committee Membership iii Committee Staff v Functions of the Committee xi Terms of Reference xiii INTRODUCTION 1 1 HISTORY 3 Section 1: The Jurisprudential Rationale for the Jury as an Institution Within the Civil and Criminal System
    [Show full text]
  • Magna Carta Commemoration Essays [1917]
    The Online Library of Liberty A Project Of Liberty Fund, Inc. Henry Elliot Malden, Magna Carta Commemoration Essays [1917] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected].
    [Show full text]
  • Law Reform Committee
    LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT Volume 3 DECEMBER 1997 PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT VOLUME 3 REPORT ON RESEARCH PROJECTS Ordered to be Printed Melbourne Government Printer December 1997 N° 76 Session 1996–97 COMMITTEE M EMBERS CHAIRMAN Mr Victor Perton, MP DEPUTY CHAIR Mr Neil Cole, MP MEMBERS Mr Florian Andrighetto, MP Hon Carlo Furletti, MLC Hon Monica Gould, MLC Mr Peter Loney, MP Mr Noel Maughan, MP Mr Alister Paterson, MP Mr John Thwaites, MP The Committee's address is — Level 8, 35 Spring Street MELBOURNE VICTORIA 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 9651 3674 Email — [email protected] Internet— http://www.vicnet.net.au/~lawref COMMITTEE S TAFF EXECUTIVE OFFICER and DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICERS Mr Mark Cowie (until 10 November 1995) Ms Padma Raman (from 3 March 1997) Ms Rebecca Waechter (until 18 November 1997) ADDITIONAL RESEARCH ASSISTANCE Ms Angelene Falk OFFICE MANAGERS Mrs Rhonda MacMahon (until 18 October 1996) Ms Lyn Petersen (from 2 December 1996 to 1 June 1997) Ms Angelica Vergara (from 11 August 1997) CONTENTS Committee Membership ........................................................................................................ iii Committee Staff ......................................................................................................................v Functions of the Committee...................................................................................................xi
    [Show full text]
  • Edward Peter Stringham, Fayetteville State University Todd J. Zywicki
    RIVALRY AND SUPERIOR DISPATCH: AN ANALYSIS OF COMPETING COURTS IN MEDIEVAL AND EARLY MODERN ENGLAND Edward Peter Stringham, Fayetteville State University Todd J. Zywicki, George Mason University School of Law George Mason University Law and Economics Research Paper Series 10-57 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1703598 Rivalry and superior dispatch: An analysis of competing courts in medieval and early modern England Edward Peter Stringham 910‐672‐1837 [email protected] Lloyd V. Hackley Endowed Chair of Capitalism and Free Enterprise Studies School of Business and Economics, Fayetteville State University, Fayetteville, NC Todd J. Zywicki 703‐993‐8091 [email protected] George Mason University Foundation Professor of Law George Mason University School of Law, 3301 N. Fairfax Dr., Arlington, VA ABSTRACT In most areas, economists look to competition to align incentives, but not so with courts. Many believe that competition enables plaintiff forum shopping, but Adam Smith praised rivalry among courts. This article describes the courts when the common law developed. In many areas of law, courts were monopolized and imposed decisions on unwilling participants. In other areas, however, large degrees of competition and consent were present. In many areas, local, hundred, manorial, county, ecclesiastical, law merchant, chancery, and common law courts competed for customers. When parties had a choice, courts needed to provide a forum that was ex ante value maximizing. JEL Codes: K40, N43, P48 Keywords: efficiency of common law, legal history, monopolization of law 1 “Another thing which tended to support the liberty of the people and render the proceedings in the courts very exact, was the rivalship which arose betwixt them.” – Adam Smith (1776: 280) 1.
    [Show full text]
  • Early-Tudor England and the Growth of a Cred!T Culture
    A COUNTRY UNDER CONTRACT: EARLY-TUDOR ENGLAND AND THE GROWTH OF A CRED!T CULTURE Mark R. Horowitz, PhD, FRH1stS Department of History, University of Illinois (Chicago) The historical explanations for the development of modern English credit and finance often overlook the late-medieval period, favoring instead a late fruition by focusing on economic growth in late-Tudor and Stuart England and the anticipation of the founding of the Bank of England in 1694. Moreover, European practices regularly dominate the discussion to show both borrowing and influence, especially from the Italian city- states. However, England developed methods of credit and business transactions through the use of written obligations long before Continental financial instruments, and they permeated all aspects of English law, administration and finance. This paper provides an overview of how a bottom-up system developed and expanded through English common and statutory law and ultimately became the main form of statecraft for the first Tudor king, Henry VII (d. 1509). Henry’s success in business, finance and the prosecution of the law stemmed from his recognition that upon acquiring the throne of England he now ruled a country under contract among private parties, public courts and a developing centralized government. Beginning in the late 12th century, the European economy underwent rapid changes for reasons that are not completely understood. Both markets and production expanded, along with the parallel development of urban centers. Financial instruments facilitated
    [Show full text]
  • Introduction to English Economic History and Theory, Volume 2
    An Introduction to English Economic History and Theory Sir William Ashley Ph.D., M.A., M.Com. Professor of Commerce in the University of Birmingham; Late Professor of Economic History in Harvard University; Sometime Fellow of Lincoln College, Oxford Part II: The End of the Middle Ages First Edition 1893. Second Edition 1893 Fourth Edition 1906 Contents Preface to the Fourth Edition ................................................................................................................5 Book 2: From the Fourteenth to the Sixteenth Century........................................................................7 Chapter 1: The Supremacy of the Towns..............................................................................................8 Chapter 2: The Crafts .........................................................................................................................38 Chapter 3: The Woollen Industry ........................................................................................................95 Chapter 4: The Agrarian Revolution.................................................................................................128 Chapter 5: The Relief of the Poor .....................................................................................................151 Chapter 6: The Canonist Doctrine ....................................................................................................185 Preface to the Fourth Edition It has not been possible in the present edition to do more than make a few slight
    [Show full text]
  • A Genealogy of Native Title
    THINKING JURISDICTIONALLY: A GENEALOGY OF NATIVE TITLE SHAUNNAGH DORSETT A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy © Shaunnagh Dorsett 2005 Abstract In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ‘native title’ had survived the acquisition of sovereignty over the Australian continent and is ‘recognised’ by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ‘recognition’. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ‘law of the land’.
    [Show full text]
  • Utility of Indigenous Methods of Dispute Resolution in Intra-African Trade
    Utility of indigenous methods of dispute resolution in intra-African Trade LI Kometsi 25685996 Thesis submitted for the degree Doctoral Legum in Private Law at the North-West University Promoter: Prof W Erlank Co-promoter: Prof C Rautenbach Graduation October 2017 http://www.nwu.ac.za/ Abstract Africa's economic growth depends in part on the growth of intra-African trade. Intra-African trade is lower than trade between Africa and the world. A number of reforms, including legal reforms, have been undertaken, in Africa in order to boost economic growth in general. Most notably, the recent past has seen the introduction of the so-called alternative dispute resolution methods (ADR), featuring mediation as its predominant aspect, with the purpose to enhance the rule of law, which it is believed is important for attracting and retaining foreign direct investment. However, the imported mediation has failed, due in part to its irrelevance to the African cultures and traditions. The innovations could be made useful by adapting them to the cultural context of the African dispute resolution landscape on the one hand, and by reflecting on the indigenous methods of ADR on the other hand. In order to determine how the indigenous methods of ADR can be utilised this study takes an in-depth look at the relationship between law and economic development. The conclusion is that there is a causal relationship between law and development. However, this relationship does not augur well for intra-African trade. For the law to have a positive causal effect to development, it must be relevant.
    [Show full text]
  • Law Merchant' Stephen E
    American University International Law Review Volume 21 | Issue 5 Article 1 2005 From St. Ives to Cyberspace: The oM dern Distortion of the Medieval 'Law Merchant' Stephen E. Sachs Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the Commercial Law Commons, International Law Commons, and the Internet Law Commons Recommended Citation Sachs, Stephen E. "From St. Ives to Cyberspace: The odeM rn Distortion of the Medieval 'Law Merchant.'" American University International Law Review 21, no.5 (2006): 685-812. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. FROM ST. IVES TO CYBERSPACE: THE MODERN DISTORTION OF THE MEDIEVAL 'LAW MERCHANT' STEPHEN E. SACHS* Modern advocates of corporate self-regulation have drawn unlikely inspirationfrom the Middle Ages. On the traditionalview of history, medieval merchants who wanderedfrom fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedlyproduced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporationsas descendants of these itinerant traders, urging them to replace conflicting nationallaws with a transnationallaw of their own creation. The standardhistory has been accepted by legal scholars across the ideological spectrum, by economists and political scientists, and by those drafting new regimes to govern Internet commerce.
    [Show full text]