Keechang Kim's Aliens in Medieval Law: The Origins of Modern Citizenship PDF

By Keechang Kim

ISBN-10: 0511032234

ISBN-13: 9780511032233

ISBN-10: 0521800854

ISBN-13: 9780521800853

During this unique reinterpretation of the felony prestige of foreigners in medieval England, Keechang Kim proposes a significantly new knowing of the genesis of the trendy felony regime and the $64000 contrast among voters and noncitizens. Making complete use of medieval and early glossy assets, the publication examines how feudal criminal arguments have been remodeled by means of the political theology of the center a long time to develop into the root of the trendy criminal outlook. This cutting edge learn will curiosity lecturers, attorneys, and scholars of felony background, immigration and minority matters.

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30 By the end of the thirteenth century, cities became the most important centres of commercial activities. The legal environment of cities, as we shall see, was widely different from that of fairs. 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).

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'.

512. Foreign merchants 27 they were held worthy of all good laws equally with London merchants. A charter issued by Henry II to the merchants of Cologne in 1157 may be discussed in this connection. It provides that the persons and possessions of the merchants, including their house in London, shall be `in my custody and protection (in custodia et protectione mea)' and that they shall be protected `as if they were my men and friends (sicut homines meos et amicos)'. The charter was con®rmed repeatedly afterwards.

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

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