From Usages of Merchants to Default Rules (De ruysscher)Justyna Wubs-Mrozewicz
When looking at merchant communities residing abroad (such as ‘our’ Hansards) questions about the relation between local urban rules and trade customs quickly arise. Dave De ruysscher’s article about premodern Antwerp is today’s pick for our #RetroConflictsInspirations.
The attention of @retro_conflicts moves from cities along the North Sea area to the Burgundian lands. With such a variety of interactions between the Hanse and the cities they trade (and often, fight legal battles) in, urban comparisons play an important part in our research. This makes insight into local legal practices essential. In 'From Usages of Merchants to Default Rules' @d_deruysscher provides such research for Antwerp. As foreign merchants increasingly sought out trade opportunities in Antwerp, they brought with them new or different approaches to merchant customs. In this thread we wonder about the influence of such developments on Antwerp's laws: did the influx of new practices lead to changes in government-made laws and if so, how? In Antwerp, this influence ties back to the idea of "default rules". Merchant customs were not directly applied by the city, but can be considered as the "default rules" that acted as "the raw materials for jurists forging concrete measures" - the importance of university-trained jurists in Antwerp adds another local layer that should be kept in mind while comparing cities and their interactions with trade rules.
Dave De ruysscher (2012) 'From Usages of Merchants to Default Rules: Practices of Trade, Ius Commune and Urban Law in Early Modern Antwerp'