From: Tariq Baloch <tbaloch@gmail.com>
To: Catharine MacMillan <catharine.macmillan@kcl.ac.uk>
CC: Jason W Neyers <jneyers@uwo.ca>
obligations <obligations@uwo.ca>
Date: 25/04/2023 15:54:18 UTC
Subject: Re: Law Merchant

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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