We are publishing weekly microreviews on Twitter: short discussions of monographs, edited volumes and articles which have inspired us (#RetroConflictsInspirations). Diplomatic, social, economic, legal history on the one hand, and conflict resolution & management theory on the other.

History meets the social sciences.

Search in microreviews and other website content: https://premodernconflictmanagement.org/search

Order within Law, Variety within Custom (Kadens)

Justyna Wubs-Mrozewicz

We will start this week by highlighting the concept of the law merchant and the criticisms that can be applied – by selecting Emily Kadens’ article ‘Order within Law, Variety within Custom’ as today’s #RetroConflictsInspirations.

Kadens argues against the idea of self-regulating law merchant (“a coherent, European-wide body of general commercial law, driven by merchants”) and offers a re-examinations of medieval merchant law. Not based on lex mercatoria but iura mercatorum: the laws of merchants. The merchant law that can be derived from source material was a collection of e.g. privileges, public statues & private customs. Both the merchant communities and their practices, and the government’s legislation, or ‘non-customary police power’, were of importance for the development of the medieval merchant law. Kadens suggests that mercantile law filled a gap in the customary/statutory laws of medieval Europe, but it was not entirely merchant driven, nor was it universal. And, relevant for our project: locality needs to be taken into account. Indeed, when looking at Hansards trading abroad, the cities they visited & their governments are a vital component for research into the way merchants approached law abroad. Conflicts often crossed legal borders and could simultaneously involve merchant/urban/royal courts.

For further insight into the law merchant discussion: E. Kadens, 'Order within law, variety within custom: the character of the medieval merchant law', Chicago journal of international law, 2004-03-22, Vol.5 (1)


Latest Blog Posts

Cultures of Conflict Resolution in Early Modern Europe (Cummins and Kounine)

Justyna Wubs-Mrozewicz

Today’s microreview is about a highly interesting volume, ‘Cultures of Conflict Resolution in #EarlyModern Europe’ (2016), edited by Stephen Cummins and @laurakounine. It frames conflicts and their management as accounts of change, and in particular discusses the lasting impact of John Bossy’s legal anthropological ‘Disputes and Settlements’ (1983).  

Several contributions take issue with the notion of diminishing violence in the course of history, as posited by Norbert Elias and more recently by Steven Pinker. There are three main themes: peacemaking as practice; varieties of early modern mediation and arbitration; the roles of criminal law in interpersonal conflict. From the point of view of our project, one of the captivating insights is that #conflictresolution was not always positive and consensual, but rather ‘a product of domination and reinforcement of inequality.’ Another is a reminder of Simon Roberts’ statement that the distinction between mediator and adjudicator should be seen as a continuum, not a rigid typology. An article to be highlighted: John Jordan’s very clear historiographical overview of the application legal anthropology is of use for many #twitterstorians, especially for future avenues of research: the role of violence, global approaches, #legalpluralism, the shift from the urban to the rural, and attention to #legalism. [....]

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Anger's Past (Rosenwein)

Justyna Wubs-Mrozewicz

Considering that it is time for the year’s final #microreview, it seems appropriate to become emotional. However, since this project is about conflict, the chosen emotion is anger. In 1998, Barbara H. Rosenwein, edited a collection of articles under the title ‘Anger’s Past – The Social Uses of an Emotion in the Middle Ages.’

Instead of discussing the thematically broad individual contributions, we draw our #RetroConflictsInspirations from the varied, sometimes disagreeing interpretations of anger they provide. Emotions were and are an integral part of conflict but pose a particular challenge to historians: how are we to interpret anger when we encounter it in our sources? The contributions to ‘Anger’s Past’ provide us with several options, ranging from earnest emotions to anger as a carefully chosen ‘signaling tool’ in dispute. Taken together, however, the articles remind us to not construct a strict dichotomy between emotion and rationality. A merchant could be truly embittered by a cheating trading-partners and simultaneously instrumentalize this sentiment at court. A king’s angry outburst at a diplomatic meeting could be an earnest emotion while at the same time serve political functions.[....]

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Political Participation and Economic Development (Wahl)

Justyna Wubs-Mrozewicz

We’re mostly into the qualitative side of #conflict here at retroconflicts, but a little quantification can be useful to grasp the scale and consequences of historical urban conflict. That’s why today’s #retroconflictinspiration #microreview is about the work of Fabian Wahl.

Wahl’s 2019 article ‘Political Participation and Economic Development’ set out to answer a simple but important #econhist question: which urban political institutions contribute to economic growth. To do so, Wahl investigated 3 ‘participative’ institutions across 282 cities. His three institutions are 1) guild representation in the council 2) citizen representation alongside the council (e.g greater- or outer-councils) and 3) the selection of councilors by election, even if only with a very limited franchise. In line with Sheilagh Ogilvie’s research, Wahl finds no evidence for guild government strengthening economic growth, and in the medieval period it may even have been harmful. Representatives outside the council likewise had no demonstrable effect on growth.
As these two institutions did not make economic contributions, Wahl argues, they must have arisen for other purposes. The most likely explanation, he suggests, is the management of conflict between different social groups involved in urban politics, as proposed by Acemoglu.[....]

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