From: Gerard McMeel KC <Gerard.mcmeel@quadrantchambers.com>
To: Jason W Neyers <jneyers@uwo.ca>
tbaloch <tbaloch@gmail.com>
catharine.macmillan <catharine.macmillan@kcl.ac.uk>
CC: obligations <obligations@uwo.ca>
Date: 02/05/2023 12:09:31 UTC
Subject: Re: Law Merchant
Dear Jason

A belated response (after the detour on VL), and apologies for adding to your list. I agree with all the suggestions below and would suggest also looking at:

  1. J Baker, ‘The Law Merchant as a Source of English Law’, in W Swadling and G Jones (eds), The Search for Principle: Essays in Honour of Lord Goff (1999) 98
  2. JS Rogers, The Early History of the Law of Bills and Notes [-] A Study of the Origins of Anglo-American Commercial Law (1995; paperback edn, 2004), 1-31
  3. E Kadens, ‘The Myth of the Customary Law Merchant’ (2012) 90 Tex L Rev 1152.

The latter two may have some transatlantic appeal.

If you are being a real completist - and for the traditional or "romantic" view (as opposed to the more sceptical views above) there is the slightly bonkers The Romance of Law Merchant by Wyndham Bewes from 1923. Might be worth a look at - if only for the classic Foreword by Sir Richard Atkin.

Might be available here:


https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/the-romance-of-the-law-merchant-being-an-introduction-to-the-study-of-international-and-commercial-law-with-some-account-of-the-commerce-and-fairs-of-the-middle-ages-by-wyndham-anstis-bewes-llb-london-sweet-maxwell-limited-1923-pp-ix-148-7s-6d-net/9F425E7257A6191E752354E328D29922


Best wishes,

Gerard

Gerard McMeel KC
From: Jason W Neyers <jneyers@uwo.ca>
Sent: 25 April 2023 17:36
To: tbaloch <tbaloch@gmail.com>; catharine.macmillan <catharine.macmillan@kcl.ac.uk>
Cc: obligations <obligations@uwo.ca>
Subject: RE: Law Merchant
 
External Email

Thank you!

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

From: Tariq Baloch <tbaloch@gmail.com>
Sent: April 25, 2023 11:54 AM
To: catharine.macmillan <catharine.macmillan@kcl.ac.uk>
Cc: Jason W Neyers <jneyers@uwo.ca>; obligations <obligations@uwo.ca>
Subject: Re: Law Merchant

 

You don't often get email from tbaloch@gmail.com. Learn why this is important

A great topic with lots to read, as Catherine says. The following came to my mind:

 

1. The brilliant Sir John Baker's 1979 CLJ article: "Law Merchant and the Common Law Before 1700" CLJ (1970) p 295. 

2. James Oldham has been one of (if not the) leading chronicler of Lord Mansfield's contributions, often based on Lord Mansfield’s notebooks/MS. 

3. The underrated Samuel Stoljar's work on legal history always repays attention in this area. 

4.Warren Swain's Law of Contract 1670-1870 is very good. 

5. David Ibbetson's work is first rate and anything by him will advance your thinking. 

6. As a hat tip to the younger scholars, there is Andreas Televantos' book Capitalism Before Corporations The Morality of Business Associations and the Roots of Commercial Equity and Law (OUP 2020). 

 

I am sure I have missed many other worthy additioons. 

 

On Tue, Apr 25, 2023 at 4:32 PM Catharine MacMillan <catharine.macmillan@kcl.ac.uk> wrote:

Dear Jason,

This is a huge field but a recent - and excellent - work on the practices of commercial parties and their impact upon the common law is Ross Cranston, Making Commercial Law Through Practice 1830-1970 (CUP 2021).

With kind regards,

Catharine

 

 

Professor Catharine MacMillan

Professor of Private Law

Immediate Past President, Society of Legal Scholars

 

The Dickson Poon School of Law

King's College London

Strand 

London WC2R 2LS

tel: +44 (0) 20 7848-5930  

 

 

 

 

From: Jason W Neyers <jneyers@uwo.ca>
Sent: 25 April 2023 15:35
To: obligations <obligations@uwo.ca>
Subject: ODG: Law Merchant

 

Dear Colleagues:

 

I would be grateful for any suggested secondary sources dealing with or summarizing the interaction of the Law Merchant and the common law and specifically how and when such rules have become incorporated into the common law. Self promotion is very much encouraged.

 

Feel free to email me off-list.

 

Sincerely,

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

 

 

 

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