London 1426–1601: Marine Insurance and the Law Merchant

2016 ◽  
pp. 150-176
Author(s):  
A. B. Leonard
2019 ◽  
pp. 241-262
Author(s):  
Lawrence M. Friedman

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.


2016 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Graham McBain
Keyword(s):  
The Law ◽  

The Strange Death of the Law Merchant


1901 ◽  
Vol 49 (11) ◽  
pp. 684
Author(s):  
W. L. ◽  
Lawrence Duckworth
Keyword(s):  

2016 ◽  
Vol 34 (3) ◽  
pp. 615-647 ◽  
Author(s):  
Christian R. Burset

John Locke worried that the common law was bad for business. Although he recognized the political importance of common law institutions such as juries, he also thought that the cumbersome procedures of English courts might hamper economic development in England and its colonies. The Fundamental Constitutions of Carolina, which Locke helped draft in 1669, tried to reconcile these competing political and economic concerns. Although the Constitutions guaranteed “Freemen” a right to trial by jury, the document also provided for specialized judges in port towns to “try cases belonging to [the] law-merchant.” These commercial judges would allow merchants to settle their disputes “as shall be most convenient for trade,” rather than by the expensive formality of the common law.


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