English Commercial Law in the Longue Durée: Chasing Continental Shadows

Thomas, S.R.

Abstract

Was there anything especially modernising about the late Victorian changes to English commercial law? What institutions changed or continued? Using the theoretical framework of material civilization developed by Fernand Braudel enables a critical analysis suggesting that English commercial law is neither modern nor especially indicative of national identity. Long standing commercial practices across jurisdictions have clear influence. There is also an explanatory aspect to this theoretical application. The importation of institutional foundations from various jurisdictions over the longue durée meant that doctrinal practices were especially able to allow for significant value transfers to the highest levels of material civilization: financial capitalism. Here the legal institution of commercial law relating to finance is addressed in its international context, alongside another institution, that of commerce itself. Within this analysis there is a more concentrated examination of the Amsterdam experience as being the preeminent commercial world city immediately prior to London’s dominance. There is also reference to the role played by judges and commentators in the generation of doctrinal structure in the Victorian period, and the way in which the focus there on property fitted closely with the broader jurisprudential framework and the commercial practices spread over space and time.

Citation

Thomas, S. R. (2019). English Commercial Law in the Longue Durée: Chasing Continental Shadows. In M. Gałędek, & A. Klimaszewska (Eds.), Modernization, national identity, and legal instrumentalism : studies in comparative legal history : volume 1 private law. (pp. 73-110). Brill Academic Publishers. https://doi.org/10.1163/9789004417274_005

• Online Publication Date: Dec 16, 2019
• Publication Date: Dec 19, 2019
• Deposit Date: Sep 21, 2018
• Publicly Available Date: Dec 16, 2021
• Publisher: Brill Academic Publishers
• Pages: 73-110
• Series Title: Legal history library
• Series Number: 1
• Book Title: Modernization, national identity, and legal instrumentalism : studies in comparative legal history : volume 1 private law.
• ISBN: 9789004395282
• DOI: https://doi.org/10.1163/9789004417274_005
• Public URL: https://durham-repository.worktribe.com/output/1634830
• Contract Date: Sep 21, 2018