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The Emergence of English Commercial Law: Analysis Inspired by Ottoman Experience

71 Journal of Economic Behavior and Organization 638-646 (2009)

USC CLEO Research Paper No. 08-19

USC Law Legal Studies Paper No. 08-24

29 Pages Posted: 12 Sep 2008 Last revised: 17 Dec 2014

Daniel M. Klerman

USC Gould School of Law

Date Written: September 10, 2008

Abstract

Thirteenth-century England was a commercial backwater whose trade was dominated by foreigners. To accommodate and encourage foreign merchants, England modified its legal system by creating legal institutions which were available to both domestic and foreign traders. Among the most important of these institutions were streamlined debt collection procedures and mixed juries composed of both Englishmen and foreigners. By introducing institutions which treated locals and foreigners equally, England created a level playing field which enabled English merchants to become increasingly prominent in the later Middle Ages. England's ability to modernize its law was facilitated by the secular nature of English law, the representation of merchants in Parliament, and legal pluralism. Medieval England contrasts sharply with the early modern Ottoman Empire. The latter created special institutions for foreign merchants, which eventually put Ottoman Muslims at a competitive disadvantage.

Keywords: Contracts, Commercial Law, England, Ottoman Empire

JEL Classification: K12, N13, N15

Suggested Citation

Klerman, Daniel M., The Emergence of English Commercial Law: Analysis Inspired by Ottoman Experience (September 10, 2008). 71 Journal of Economic Behavior and Organization 638-646 (2009); USC CLEO Research Paper No. 08-19; USC Law Legal Studies Paper No. 08-24. Available at SSRN: https://ssrn.com/abstract=1266403 or http://dx.doi.org/10.2139/ssrn.1266403

Daniel M. Klerman (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-7973 (Phone)
213-740-5502 (Fax)

HOME PAGE: http://weblaw.usc.edu/contact/contactInfo.cfm?detailID=227

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