this contribution studies the earliest sources on English bankruptcy, looking at the bankruptcy s... more this contribution studies the earliest sources on English bankruptcy, looking at the bankruptcy statutes, insolvency practice and composition with the creditors during the sixteenth and seventeenth centuries.
This work explores the way a specific mercantile custom, that of the bill of exchange, was receiv... more This work explores the way a specific mercantile custom, that of the bill of exchange, was received within the different and far more complex legal structure of the common law. It analyses the stages of this recep- tion and especially the problems that emerged when some mercantile rules had to be incorporated into a different normative structure not fully compatible with them.
This article employs the number of rule recipients in order to explain the transformation of some... more This article employs the number of rule recipients in order to explain the transformation of some customs into laws. The publication of rules may mark the reaching of the threshold number beyond which the spontaneous rule leaves room for the State intervention. In addition, the publication resolves a couple of questions that Hayek left unresolved. Examples are provided from ancient merchant customs and contemporary international law.
Th e 16 th century was the century of 'codifi cation' of insurance customs in Europe. Th e passag... more Th e 16 th century was the century of 'codifi cation' of insurance customs in Europe. Th e passage from oral knowledge to written rules entailed signifi cant changes and favoured major developments. Th is was particularly the case for England, where an insurance code was written between the late 1570s and the early 1580s. In the 16 th century English mercantile customs evolved rapidly, detaching themselves from the Italian infl uence. At the same time, the increasing importance of Anglo-Dutch trade favoured the assimilation of Dutch customs into the London insurance practice. Th e fast development of English insurance customs, however, entailed signifi cant uncertainty as to the applicable rules. Th e rapid growth of an insurance market attracted the attention of several courts, thus further increasing uncertainty. Th e answer of the mercantile community was to establish a specialized court for insurance in London and to write down their customs. Th e result was a remarkably elaborate code of insurance, quite a unicum in England. Th e code sought to strike a balance between continuity and change, consolidating some old usages and borrowing foreign customs, mainly Dutch. Th e signifi cant infl uence of Dutch customs was probably favoured by the strong commercial links with the Netherlands. English merchants considered similar rules as a means to further trade. In this respect, the English code attests how economic integration might pave the way to legislative convergence.
In the study of the history of insurance, much attention has been paid to early modern jurists. T... more In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed -reality.
Studien zur europäischen Rechtsgeschichte, vol. 339, 2023
The book examines the development of legal causation in Italy from the fourteenth to the seventee... more The book examines the development of legal causation in Italy from the fourteenth to the seventeenth centuries, focusing especially on practice-oriented literature (decisiones and consilia). Causality began to be discussed from the late thirteenth century and especially during the first half of the fourteenth, when it was described as ordinatio. In private law, ordinatio remained the standard approach to causation during the entire early modern period: centuries of legal practice mainly refined its scope but did not change its core. By contrast, its application in criminal law would increasingly clash with the intentionality requirement, and so it was progressively challenged.
The contributions to the present volume are based on papers presented at the conference 'Risk and... more The contributions to the present volume are based on papers presented at the conference 'Risk and the Insurance Business in History', held in June 2019 in Seville, Spain, and organized by Jerònia Pons Pons and Robin Pearson. Part of those papers were presented at the two panels organized by the editors of this volume. Phillip Hellwege organized a session as part of the research project 'A Comparative History of Insurance Law in Europe' (CHILE) which has received funding from the European Research Council (ERC) under the European Union's Horizon 2020 research and innovation programme (grant agreement No. 647019). The session organized by Guido Rossi hosted, as speakers, a number of participants in the research project 'Average-Transaction Costs and Risk Management during the First Globalization (Sixteenth-Eighteenth Centuries)' (AveTransRisk), which has received funding from the ERC under the European Union's Horizon 2020 research and innovation programme (grant agreement No. 724544). We would like to thank all peer reviewers for the time that they have invested and for their valuable reports, which have greatly improved this volume. Finally, we would like to thank Sarah Meaney for correcting the English.
Edinburgh University Press is one of the leading university presses in the UK. We publish academi... more Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com
English insurance came into being almost entirely during the Elizabethan period. However, the Gre... more English insurance came into being almost entirely during the Elizabethan period. However, the Great Fire of 1666 consumed most of London's mercantile records, and therefore little is known about early English insurance.
this contribution studies the earliest sources on English bankruptcy, looking at the bankruptcy s... more this contribution studies the earliest sources on English bankruptcy, looking at the bankruptcy statutes, insolvency practice and composition with the creditors during the sixteenth and seventeenth centuries.
This work explores the way a specific mercantile custom, that of the bill of exchange, was receiv... more This work explores the way a specific mercantile custom, that of the bill of exchange, was received within the different and far more complex legal structure of the common law. It analyses the stages of this recep- tion and especially the problems that emerged when some mercantile rules had to be incorporated into a different normative structure not fully compatible with them.
This article employs the number of rule recipients in order to explain the transformation of some... more This article employs the number of rule recipients in order to explain the transformation of some customs into laws. The publication of rules may mark the reaching of the threshold number beyond which the spontaneous rule leaves room for the State intervention. In addition, the publication resolves a couple of questions that Hayek left unresolved. Examples are provided from ancient merchant customs and contemporary international law.
Th e 16 th century was the century of 'codifi cation' of insurance customs in Europe. Th e passag... more Th e 16 th century was the century of 'codifi cation' of insurance customs in Europe. Th e passage from oral knowledge to written rules entailed signifi cant changes and favoured major developments. Th is was particularly the case for England, where an insurance code was written between the late 1570s and the early 1580s. In the 16 th century English mercantile customs evolved rapidly, detaching themselves from the Italian infl uence. At the same time, the increasing importance of Anglo-Dutch trade favoured the assimilation of Dutch customs into the London insurance practice. Th e fast development of English insurance customs, however, entailed signifi cant uncertainty as to the applicable rules. Th e rapid growth of an insurance market attracted the attention of several courts, thus further increasing uncertainty. Th e answer of the mercantile community was to establish a specialized court for insurance in London and to write down their customs. Th e result was a remarkably elaborate code of insurance, quite a unicum in England. Th e code sought to strike a balance between continuity and change, consolidating some old usages and borrowing foreign customs, mainly Dutch. Th e signifi cant infl uence of Dutch customs was probably favoured by the strong commercial links with the Netherlands. English merchants considered similar rules as a means to further trade. In this respect, the English code attests how economic integration might pave the way to legislative convergence.
In the study of the history of insurance, much attention has been paid to early modern jurists. T... more In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed -reality.
Studien zur europäischen Rechtsgeschichte, vol. 339, 2023
The book examines the development of legal causation in Italy from the fourteenth to the seventee... more The book examines the development of legal causation in Italy from the fourteenth to the seventeenth centuries, focusing especially on practice-oriented literature (decisiones and consilia). Causality began to be discussed from the late thirteenth century and especially during the first half of the fourteenth, when it was described as ordinatio. In private law, ordinatio remained the standard approach to causation during the entire early modern period: centuries of legal practice mainly refined its scope but did not change its core. By contrast, its application in criminal law would increasingly clash with the intentionality requirement, and so it was progressively challenged.
The contributions to the present volume are based on papers presented at the conference 'Risk and... more The contributions to the present volume are based on papers presented at the conference 'Risk and the Insurance Business in History', held in June 2019 in Seville, Spain, and organized by Jerònia Pons Pons and Robin Pearson. Part of those papers were presented at the two panels organized by the editors of this volume. Phillip Hellwege organized a session as part of the research project 'A Comparative History of Insurance Law in Europe' (CHILE) which has received funding from the European Research Council (ERC) under the European Union's Horizon 2020 research and innovation programme (grant agreement No. 647019). The session organized by Guido Rossi hosted, as speakers, a number of participants in the research project 'Average-Transaction Costs and Risk Management during the First Globalization (Sixteenth-Eighteenth Centuries)' (AveTransRisk), which has received funding from the ERC under the European Union's Horizon 2020 research and innovation programme (grant agreement No. 724544). We would like to thank all peer reviewers for the time that they have invested and for their valuable reports, which have greatly improved this volume. Finally, we would like to thank Sarah Meaney for correcting the English.
Edinburgh University Press is one of the leading university presses in the UK. We publish academi... more Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com
English insurance came into being almost entirely during the Elizabethan period. However, the Gre... more English insurance came into being almost entirely during the Elizabethan period. However, the Great Fire of 1666 consumed most of London's mercantile records, and therefore little is known about early English insurance.
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