By Keechang Kim
During this unique reinterpretation of the criminal prestige of foreigners in medieval England, Keechang Kim proposes a greatly new knowing of the genesis of the fashionable felony regime and the $64000 contrast among voters and noncitizens. Making complete use of medieval and early smooth assets, the ebook examines how feudal criminal arguments have been remodeled via the political theology of the center a long time to develop into the root of the trendy criminal outlook. This leading edge learn will curiosity lecturers, attorneys, and scholars of felony heritage, immigration and minority concerns.
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Extra resources for Aliens in Medieval Law: The Origins of Modern Citizenship
I therefore choose the latter approach; that is, foreign merchants will be discussed as a sub-category of merchants. This does not mean that I postulate a legal category of merchants. I use the term `merchants' as a factual, economic category of traders. 1 (2) What were the differences between the legal status of English merchants and that of foreign merchants? Medieval England ± like elsewhere in Europe ± offered two 1 It is unnecessary for our purpose to attempt a rigorous de®nition of `commercial activities'.
The lord of the fair often insisted that no merchant should linger once the fair was over. This was to achieve maximum concentration of commercial activities during the period of the fair. ) from the merchants, hence the need to make sure that no commercial activities took place outside the period of fair. Regarding the decline of English fairs, see Lipson, The economic history of England, I, pp. 260±63. The comparable situation in France is explained in Le Goff, Marchands et banquiers, pp. 18ff.
As far as the legal argument is concerned, therefore, the unequal treatment embodied in the new customs duty is not fundamentally different from the legal inequality between merchants of London and merchants of South56 See Gras, The early English customs system, p. 259; Pollock and Maitland, The history of English law, I, pp. 464±5, respectively. Foreign merchants 41 ampton, for example. In all these cases, there existed legal inequality stemming from negotiation and the ensuing agreement between the grantor and the recipients of mercantile liberties.