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 felony regime and the $64000 contrast among voters and noncitizens. Making complete use of medieval and early sleek resources, the ebook examines how feudal criminal arguments have been reworked by means of the political theology of the center a long time to turn into the root of the trendy criminal outlook. This cutting edge examine will curiosity teachers, attorneys, and scholars of criminal background, immigration and minority concerns.

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427 b), IV, 331±2 (fo. 428 b). Pollock and Maitland, The history of English law, I, 462±3. 18 Aliens in medieval law personal legal relationships began to be conducted on an entirely different platform. It was a change of paradigm. Such a change does not form part of the textual contents of legal discourse. Rather, it was a change of the non-discursive context in which the legal discourse of the time was practised. Therefore, the beginning itself cannot be explained by precedents or their judicial interpretation.

There is nothing in the nature of such a regime to distinguish foreign merchants from English merchants in a systematic manner. Sometimes, foreign merchants managed to secure a better deal than the English merchants. Always, some merchants, whether English or foreign, managed to secure a better position than others. 57 What becomes clear, I hope, from the texts examined so far in this chapter is that the legal condition of merchants in medieval England was de®ned solely in terms of `liberties'.

55 The Carta mercatoria extended the promise to all cases involving foreign merchants except criminal cases carrying a death penalty (in omnibus generibus placitorum salvo casu criminis pro quo in¯igenda sit pena mortis). In short, the Carta mercatoria promised that foreign merchants were to be provided with a fair and speedy legal remedy not only in 53 54 55 BL Add. MS 14252, fo. 119a. The Latin text is printed in Bateson, `A London municipal collection', 713 (`Si quis forensis hominem civitatis implacitaverit, non poterit comprobare eum per forenses nisi alter de civitate sit; et si homo civitatis forensem implacitaverit, qui [de] civitate non sit, neque in ea terram habeat, cum testibus eum probare non poterit, nisi alter sit de comitatu in quo manet').

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