Download Aliens in Medieval Law: The Origins of Modern Citizenship by Keechang Kim PDF

By Keechang Kim

During this unique reinterpretation of the criminal prestige of foreigners in medieval England, Keechang Kim proposes a notably new knowing of the genesis of the trendy criminal regime and the real contrast among voters and noncitizens. Making complete use of medieval and early smooth resources, the booklet examines how feudal criminal arguments have been reworked through the political theology of the center a long time to develop into the foundation of the trendy criminal outlook. This cutting edge research will curiosity teachers, attorneys, and scholars of criminal heritage, immigration and minority concerns.

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137). He does not seem to have taken full account of the previous legal situation where foreign merchants had to leave after forty days regardless of whether they pleased their host or not. Whether the clause could lead to arbitrary supervision and restraint was not the point. The point was that foreign merchants were now enabled to stay in cities as long as they kept their host satis®ed. 38 History For instance, it is provided that disputes involving the foreign merchants must be quickly resolved on a daily basis if such disputes could be dealt with by law merchant: `celerem justitiam faciant de die in diem sine dilatione secundum legem mercatoriam de universis et singulis que per eandem legem poterunt terminari'.

All unenfranchised outsiders ± including foreign merchants ± had to be prepared to meet ruthless legal discrimination. But the permanent business opportunities 28 29 30 Statute 27 Edward III st. 2 (1353); Statute 28 Edward III c. 13 (1354). I wish to thank Dr Marianne Constable, Department of Rhetoric, University of California, Berkeley for kindly sending me a proof copy of her book, The law of the other: the half-alien jury and changing conceptions of citizenship, law and knowledge (Chicago, 1994).

We are told that the hearing of the case had to wait until the weekly session of the court of hustings: `quod non solent teneri extra Hustengum'. 52 The concession offered by the Carta mercatoria was, therefore, not unprecedented in London. However, we may not jump into a conclusion that the concession was super¯uous because we do not know the situation in other cities. Moreover, the concession of the Carta mercatoria had the additional merit of specifying that the trial ought to be conducted `according to law merchant (secundum legem mercatoriam)'.

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