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This volume investigates the use of mortgages in the European
countryside between the thirteenth and eighteenth centuries. A
mortgage allowed a loan to be secured with land or other property,
and the practice has been linked to the transformation of the
agrarian economy that paved the way for modern economic growth.
Historians have viewed the mortgage both positively and negatively:
on the one hand, it provided borrowers with opportunities for
investment in agriculture; but equally, it exposed them to the risk
of losing their mortgaged property. The case studies presented in
this volume reveal the variety of forms that the mortgage took, and
show how an intricate balance was struck between the interests of
the borrower looking for funds, and those of the lender looking for
security. It is argued that the character of mortgage law, and the
nature of rights in land in operation in any given the place and
period, determined the degree to which mortgages were employed.
Over time, developments in these factors allowed increasing numbers
of peasants to use mortgages more freely, and with a decreasing
risk of expropriation. This volume will be appealing to academics
and researchers interested in financial history, rural credit and
debt, and the economic history of agrarian communities.
The Uses of Justice in Global Perspective, 1600-1900 presents a new
perspective on the uses of justice between 1600 and 1900 and
confronts prevailing Eurocentric historiography in its examination
of how people of this period made use of the law. Between 1600 and
1900 the towns in Western Europe, the Kingdoms in Eastern Europe,
the Empires in Asia and the Colonial States in Asia and the
Americas were all characterised by a plurality of legal orders
resulting from interactions and negotiations between states,
institutions, and people with different backgrounds. Through
exploring how justice is used within these different areas of the
world, this book offers a broad global perspective, but it also
adopts a fresh approach through shifting attention away from states
and onto how ordinary people lived with and made use of this 'legal
pluralism'. Containing a wealth of extensively contextualised case
studies and contributing to debates on socio-legal history,
processes of state formation from below, access to justice, and
legal pluralism, The Uses of Justice in Global Perspective,
1600-1900 questions to what degree top-down imposed formal
institutions were used and how, and to what degree, bottom-up
crafted legal systems were crucial in allowing transactions to
happen. It is ideal for students and scholars of early modern
justice, crime and legal history.
The Uses of Justice in Global Perspective, 1600-1900 presents a new
perspective on the uses of justice between 1600 and 1900 and
confronts prevailing Eurocentric historiography in its examination
of how people of this period made use of the law. Between 1600 and
1900 the towns in Western Europe, the Kingdoms in Eastern Europe,
the Empires in Asia and the Colonial States in Asia and the
Americas were all characterised by a plurality of legal orders
resulting from interactions and negotiations between states,
institutions, and people with different backgrounds. Through
exploring how justice is used within these different areas of the
world, this book offers a broad global perspective, but it also
adopts a fresh approach through shifting attention away from states
and onto how ordinary people lived with and made use of this 'legal
pluralism'. Containing a wealth of extensively contextualised case
studies and contributing to debates on socio-legal history,
processes of state formation from below, access to justice, and
legal pluralism, The Uses of Justice in Global Perspective,
1600-1900 questions to what degree top-down imposed formal
institutions were used and how, and to what degree, bottom-up
crafted legal systems were crucial in allowing transactions to
happen. It is ideal for students and scholars of early modern
justice, crime and legal history.
This volume investigates the use of mortgages in the European
countryside between the thirteenth and eighteenth centuries. A
mortgage allowed a loan to be secured with land or other property,
and the practice has been linked to the transformation of the
agrarian economy that paved the way for modern economic growth.
Historians have viewed the mortgage both positively and negatively:
on the one hand, it provided borrowers with opportunities for
investment in agriculture; but equally, it exposed them to the risk
of losing their mortgaged property. The case studies presented in
this volume reveal the variety of forms that the mortgage took, and
show how an intricate balance was struck between the interests of
the borrower looking for funds, and those of the lender looking for
security. It is argued that the character of mortgage law, and the
nature of rights in land in operation in any given the place and
period, determined the degree to which mortgages were employed.
Over time, developments in these factors allowed increasing numbers
of peasants to use mortgages more freely, and with a decreasing
risk of expropriation. This volume will be appealing to academics
and researchers interested in financial history, rural credit and
debt, and the economic history of agrarian communities.
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