Legal Medievalism in Lex Mercatoria Scholarship

10 Pages Posted: 10 Jun 2012

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Date Written: April 26, 2012

Abstract

Response to, Emily Kadens, The Myth of the Customary Law Merchant, 90 Texas Law Review 1153 (2012). This short reaction piece to an article by Emily Kadens asks why a long-refuted story of an alleged uniform medieval lex mercatoria is still being maintained. The answer is that the story serves not as an actual history but instead as a foundation myth. Attempts to falsify the myth with historical data are therefore futile: the myth derives its value not from its truth value but from its symbolic power.

Suggested Citation

Michaels, Ralf, Legal Medievalism in Lex Mercatoria Scholarship (April 26, 2012). Texas Law Review See Also, Vol. 90, 2012. Available at SSRN: https://ssrn.com/abstract=2080044

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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