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Aliens in Medieval Law
The Origins of Modern Citizenship
An original reinterpretation of the legal aspects of feudalism, and the important distinction between citizens and non-citizens.
Keechang Kim (Author)
9780521800853, Cambridge University Press
Hardback, published 7 December 2000
264 pages
23.6 x 15.7 x 2.2 cm, 0.52 kg
Review of the hardback: '[His] general analysis of the redefinition of aliens in the move from Status to Stato/Etat/State [is] very original and very convincing.' Quentin Skinner
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.
Subject Areas: Citizenship & nationality law [LNDA], Early history: c 500 to c 1450/1500 [HBLC], British & Irish history [HBJD1]