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

By Keechang Kim

During this unique reinterpretation of the criminal prestige of foreigners in medieval England, Keechang Kim proposes a appreciably new figuring out of the genesis of the fashionable felony regime and the real contrast among electorate and noncitizens. Making complete use of medieval and early sleek resources, the booklet examines how feudal criminal arguments have been reworked by way of the political theology of the center a long time to turn into the foundation of the fashionable felony outlook. This leading edge research will curiosity teachers, attorneys, and scholars of felony background, immigration and minority concerns.

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MS. 14252. It is generally thought to be slightly later than the Libertas Londonienses. The text is printed in Bateson, `A London municipal collection', 711±18. Terence H. Lloyd, Alien merchants in England in the high Middle Ages (Brighton, 1982) pp. 10±11 contains a brief discussion of the customs of London which is based on these texts. Borough charters normally stipulated that the liberties were granted to the burgesses and `their heirs'. This was probably because it was not entirely clear whether burgesses formed a `corporate' body which has the eternal existence transcending the deaths of its component individuals.

Paolo Grossi (Milan, 1986) p. 357. Professor Kirshner kindly provided me with this reference. I wish to thank him for his advice and warm encouragement. The mode of legal argument prevalent in case law countries has the tendency to incorporate the result of historical legal changes into the present legal argument. Thus incorporated, historical legal changes are often overshadowed by the power of judicial logic. The point was lucidly argued by Professor Maitland himself. See his inaugural lecture delivered in the University of Cambridge on 13 October 1888, `Why the history of English law is not written' in The collected papers of F.

Merchant groups' access to a city Throughout the Middle Ages, foreign merchants kept coming to England. The volume and intensity of their contact with England may well have ¯uctuated depending on the economic, military and political circumstances. But the legal framework in which the contact was made remained more or less stable, though it was not static. In the remaining pages of this chapter, I shall attempt to identify this legal framework. Initially, foreign merchants' contact with the urban business centres of England seems to have taken the form of seeking an access to the liberties of a city.

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