Drawing on a quantitative analysis of hundreds of printed and archival
sources from 77 towns, _The Making of Urban Customary Law in Medieval
England_ is the first cross-regional investigation into the history of
urban customs since Mary Bateson's seminal, two-volume work Borough
Customs (1904-1906). In contrast to English common law and church law,
which both had long institutional and academic traditions devoted to
training men in their legal philosophies, customary law constituted
local practices that acquired the force of law over time. Urban
customary law regulated political officeholding, trade, property
holding, and even moral behaviour in English towns.
_The Making of Urban Customary Law_ argues that urban customs, which
governed the lives of people in English towns, were crucial to the
development of a distinct, bourgeois identity in England-an evolution
that this new study tracks from the early twelfth to the late
sixteenth centuries. In the years following the Black Death, and
especially during the Reformation period, this law became more
concerned with defining political authority, maintaining morality, and
articulating a consensus about the “common good” for townspeople.
This book makes two principal claims: First, customary law advanced
the business interests of an urban oligarchy. These were urban (male)
elites who drafted laws and obtained privileges to enhance their
wealth and assert their political independence from local lords, and
often made claims about the legitimacy of their privileges or laws by
rooted them in history or some kind of ancestral past. These lawmakers
also made considerable efforts to establish their identities as
morally upright and even-handed patriarchs. In so doing, urban
customary law played a central role in the development of a distinct
bourgeois identity in medieval and Reformation England. Second, this
law lent particular meanings to the “common good” in towns, as it
helped these lawmakers articulate policies that cohered to their
vision of an ideal civic community.
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Produktdetaljer
ISBN
9780198916796
Publisert
2025
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter