Legal Medievalism in Lex Mercatoria Scholarship
10 Pages Posted: 10 Jun 2012
Date Written: April 26, 2012
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.
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