Aliens in Medieval Law: The Origins of Modern Citizenship (Cambridge Studies in English Legal History)
Cambridge University Press, 12/7/2000
EAN 9780521800853, ISBN10: 0521800854
Hardcover, 264 pages, 22.9 x 15.2 x 1.6 cm
Language: English
Originally published in English
This reinterpretation of the legal status of foreigners in medieval England boldly rejects the canonical view which has for centuries dominated the imagination of historians and laymen alike. Keechang Kim proposes an understanding of the genesis of the modern legal regime and the important distinction between citizens and non-citizens. Making full use of medieval and early modern sources, Kim offers a compelling argument that the late medieval changes in legal treatment of foreigners are vital to an understanding of the shift of focus from status to the State, and that the historical foundation of the modern state system should be sought in this shift of outlook. The book contains a re-evaluation of the legal aspects of feudalism, examining, in particular, how the feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook.
1. Introduction
Part I. History
2. Foreign merchants
3. Foreign clerks
4. Foreign religious houses
5. Birth beyond the sea
6. Faith and allegiance
Part II. Historiography
7. Littleton, Rastell and Plowden
8. Calvin's case (1608)
9. Conclusion.