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

By Keechang Kim

During this unique reinterpretation of the felony prestige of foreigners in medieval England, Keechang Kim proposes a notably new realizing of the genesis of the fashionable 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 via the political theology of the center a long time to turn into the foundation of the trendy felony outlook. This cutting edge examine will curiosity lecturers, legal professionals, and scholars of criminal background, immigration and minority matters.

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1130) gives us a detailed account of the legal conditions under which various groups of foreign merchants did their business in London. The text sets forth how their ships shall approach London Bridge; how the king's chamberlain and sheriffs shall take certain luxury items and wine for the king's use while these merchants are obliged to wait for two ebbs and a tide before commencing their business; when they shall be allowed to sell their merchandise, and in what quantity; to whom they can sell these goods and in what order; when and according to what procedures they may go outside the four boundaries of London to trade; the procedures to be observed in unloading the goods from their ships and carrying them into the city for sale; the tolls to be paid in doing so; the procedures for lodging and unpacking of their goods; what they shall be allowed to buy, and how much.

This is why Bracton could still follow Gaius and, amidst the highly patriotic current of the time,39 say that the division between liberi and serui was the prima diuisio personarum. 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.

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.

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