Document Type
Article
Publication Date
2012
Keywords
law merchant, lex mercatoria, Middle Ages, customary law
Subject Category
Commercial Law | Common Law | Law | Legal History, Theory and Process
Abstract
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.
Recommended Citation
Ralf Michaels, Legal Medievalism in Lex Mercatoria Scholarship, 90 Texas Law Review See Also 259-268 (2012) (response to Emily Kadens, The Myth of the Customary Law Merchant, 90 Texas Law Review 1153-1206 (2012))
Available at: http://scholarship.law.duke.edu/faculty_scholarship/2570