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)

EZ

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Politische Kommunikation in der Hanse (1550-1621) (Schipmann)

Justyna Wubs-Mrozewicz

This week’s #retroconflictinspiration and #microreview takes us to a rather understudied field of Hanseatic research: the late 16th and the 17th century. Published in 2004, Johannes Ludwig Schipmann’s PhD thesis ‘Politische Kommunikation in der Hanse (1550-1621)’ anticipated some of the more recent developments in Hanseatic research.

By taking a comparative approach and based on research around the Imperial Diet, Schipmann argued against the often-presupposed uniqueness of the Hanse. To concentrate too narrowly on formal qualities like a common seal and coat of arms can avert our attention from a shared political communication and culture. (See already our microreview on Duncan Hardy’s take on diets.) Even when agreeing that the Hanse is and was difficult to grasp in terms of political and economical institutions, it shared practices of communication with its contemporaries. Thus, Schipmann does not, through the lens of 19th century state-theory, consider the Hanseatic diet as ‘inefficient’ due to its slow decision-making. Rather, he identifies it as just one (albeit important) cogwheel in a long process of consensus-making which – featuring tactics of escalation and de-escalation – allowed participants to reconcile common and individual interest, Hanseatic commonalities and regional particularities. [....]

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Negotiated Reformation (Close)

Justyna Wubs-Mrozewicz

In the 1540s the city of Augsburg was in negotiation with two smaller cities over their religious policy, Donauwörth and Kaufbeuren. In Kaufbeuren the negotiations rolled along uneventfully, in Donauwörth they escalated to invasion by Augsburg. That is the scene of inter-urban conflict which begins Christopher Close’s ‘The Negotiated Reformation’ (2009), and a great #retroconflictinspiration to kick off this year’s #microreview series.

The book explores how communication within and between cities contributed the unfolding of the Reformation in the urbanized region of eastern Swabia. It challenges both top-down and bottom up views of Reformation arguing instead that it was communication between cities which ensured the Reformation’s spread and accounted for its local variations. In East Swabia this meant cities taking on differentiated roles in a network of information exchange. This network, centred on Augsburg, allowed cities to debate the reformation as it emerged and shape religious practice through conflict and collaboration. Some cities like Augsburg sought to advocate their Reformation as model of others, while other cities sought influence through exporting church personnel (Memmingen), contact with reformers further afield (Donauwörth), or cultivating strong local traditions and preferences (Kaufbeuren). By reconstructing this communication network’s function in regional politics, and the differentiated roles of East Swabian cities within it, Close’s book puts interurban conflict management at the centre of the Reformation, and prompts further consideration of its wider role in politics. [....]

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Konfliktaustragung im norddeutschen Raum des 14. und 15. Jahrhunderts (Dirks)

Justyna Wubs-Mrozewicz

Today’s microreview and #retroconflictsinspiration is Florian Dirks’@florian_d1 ‘Konfliktaustragung im norddeutschen Raum des 14. und 15. Jahrhunderts’ (V&R 2015).
The book focuses on feuds between (lower) nobility and northern German cities (Bremen, Lüneburg, Hildesheim) in the late Middle Ages, and the role diets played in dealing with conflicts (which ties in with our earlier microreview of the work of @HREhistorian). Dirks posits that especially Hanseatic city councils were eager to use diets as a tool in resolving feuds and highlights the role of councillors as mediators and witnesses for other cities. Six case studies are analysed meticulously, showing multiple reasons for feuds and a far more nuanced communication between the nobility-city parties than assumed until now. The negotiations took place in neutral places like hillsides, bridges or in cloisters: a nice illustration for the practice of premodern neutrality as discussed by e.g. @KOschema. For our project, it is of interest that diets were de-escalation tactics, after violence and economic damage occurred, and that there was a discourse of competence of councillors. Also, the book takes issue with #primarysources editions, which might have shaped our views of feuds and diets, following the remarks made by e.g. @angelalinghuang and @UKypta on the #Hanse, as well as a thorough discussion of the concept of feud.

JW-M

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