000 01307cam a2200157 4500500
005 20250112031528.0
041 _afre
042 _adc
100 1 0 _aLemercier, Claire
_eauthor
245 0 0 _aLegal transfers and legal cultures. Why did Victorian England not adopt commercial courts?
260 _c2020.
500 _a89
520 _aFrom the 1850s to the 1870s, English merchants campaigned for the introduction of commercial courts based on continental-European models. The courts were however not created. This paper discusses why the campaign was launched and why it failed. It points to the effect of a legal culture that does not correspond to the usual definitions of common law; the English culture was very different from that of the United States. It is still useful to use the phrase “legal culture” to describe interactions between four elements that hindered the transfer: the definition of important procedures by lawyers; the distant respect toward law displayed by merchants; their limited access to courts; and their self-categorizations (which involved more differences than similarities among merchants).
786 0 _nDroit et société | o 105 | 2 | 2020-10-06 | p. 309-324 | 0769-3362
856 4 1 _uhttps://shs.cairn.info/journal-droit-et-societe-2020-2-page-309?lang=en
999 _c155898
_d155898