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Legal Regulation Of Market Transactions In Late Medieval England

Posted on:2024-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:S Y PeiFull Text:PDF
GTID:2555307145457614Subject:Legal history
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In late medieval England,the traditional moral code of the marketplace was constantly undermined by the unlawful practices that existed in market transactions.The temptation to trade for profit led to the emergence of egoists and profit-oriented social and commercial individuals,making the relationship between legal regulation,market morality,culture,economy,and church complex.In the early days,market transactions were based on mutual trust and the spirit of contract between buyers and sellers,and market morality regulated their trading behavior.However,as the number of people trading in the market increased and the variety of goods expanded,the ruling class realized that the “invisible hand” of market morality alone would lead to more frequent famines,commercial frauds,and crises of trust,and would not guarantee fairness between buyers and sellers.In addition,literature of this period also portrayed merchants as profit-oriented,greedy and fraudulent,thus advocating that market traders should adhere to the moral bottom line in their transactions.Under the pressure of moral norms and the real situation,some of the inherent doctrines of the Church,which opposed people’s pursuit of fame and profit and hated merchants and commercial development,were impacted,and the Church’s attitude toward commercial market development changed from a blanket prohibition to an appropriate compromise.The laws enacted and market transactions regulated at this time showed a “paternalistic” style.At this level,we should not separate the formal constraints of law from the informal constraints of morality.The development of the market itself was an intricate process,which meant that it faced challenges from many aspects of society.The enactment of laws regulating market transactions was a common means for legislators of the time to regulate market behavior and codify their common expectations,as well as to set strict and specific guidelines for secular crimes and to establish a number of regulatory bodies and regulators to enforce compliance.Particularly in the thirteenth century,a large number of statutes,town ordinances,and manorial bylaws were introduced as laws framing the prices,weights and measures,and quality of goods were enacted through multiple legislative channels.From local to central circuit courts,to market courts,guilds,and even parliamentarians,all joined in the regulation of the market.The legalization of commodity prices,the establishment of standard weights and measures,and the fight against low-quality goods all contributed to the stable development of market transactions,and it can be said that the laws of the time encapsulated the ideal practical philosophy of the central government authorities.But laws often lagged behind changes in social reality,which meant that the laws of the period were not a static entity,but a set of rules for flexible interpretation by regulators.They needed to constantly revise and redefine these laws to accommodate the needs of market transactions while safeguarding the public welfare of society from arbitrary destruction.But even so,the laws are still not enforced to the fullest extent.Although strict decrees were constantly introduced,when it came to the implementation stage,local regulators wanted to maintain the stability of the market as well as to profit from it,which determined that they often selectively implemented the central decrees.Therefore,if we summarize the regulation of market transactions in late medieval England,we can say that it was driven by the traditional moral values of the society,in the form of enacting decrees,and constantly adapted to the needs of reality,thus presenting a situation of both rigidity and flexibility,and the interaction between law and morality.
Keywords/Search Tags:The later medieval age, England, Market trading, Market ethics, Legal regulation
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