The Law Merchant and the Constitution

Author(s):  
Anthony J. Bellia ◽  
Bradford R. Clark
Keyword(s):  
The Law ◽  
2016 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Graham McBain
Keyword(s):  
The Law ◽  

The Strange Death of the Law Merchant


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.


1929 ◽  
Vol 15 (4) ◽  
pp. 350 ◽  
Author(s):  
Charles Kerr
Keyword(s):  
The Law ◽  

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.


Sign in / Sign up

Export Citation Format

Share Document