Exam (elaborations)
Grenzen van de Macht: Artikel Andy Wood Deeltentamen 2
- Course
- Institution
Een samenvatting van het artikel van Andy Wood over gewoonterecht.
[Show more]
1 review
By: chel90 • 7 year ago
Seller
Follow
EytanP
Reviews received
Content preview
Andy Wood:The place of custom in plebeian political cultureEngland, 1550-1800
Older view of the plebeian defence of custom: pre-political and failing to develop into some
modern form of protest or participation in the politican nation.
Although contemporary usages of the term were ubiquitous, it was in its legal form that
custom held its greatest force within plebeian political culture. In law, local custom applied
only to specific jurisdictions, typically manors, parishes or boroughs. Manoral, parochial and
borough custom had long enjoyed a conflictual relationship with national, common law. But
from the middle of the sixteenth century onwards, that conflictual relationship between
custom and central law was given a new expression with the growing strength of a variety of
central equity law courts based in Westminster.
Customary law applied to a variety of rights, access to which depended upon social, spatial or
gendered conceptions of place. Custom had a significance for the rulers of early modern
society, it was taken to refer to a way of organizing law and life in such a way as to ensure the
continuation of the social order. Lords might hope that the popular acceptance of customary
rights would lead their tenants to assume the existence of mutual reciprocities and duties.
In much of England by the middle of the seventeenth century, wealthier freeholders had
turned decisively against the customary rights of the poor. For those who benefited from the
resources guaranteed by custom, the denial of commons or the restriction or abolition of
customary entitlements implied more than simply the loss of access to land, food, pastures,
minerals or shorter work hours. The economics of custom were intimately bound up with
senses of community. Customary law allowed plebeians to define themselves in space and in
time.
From the late sixteenth century and onwards, just as conflict over customary rights intensified,
so plebeian understandings of custom underwent important change, becoming both more
assertive and definitive.
Custom was thought to have its basis not only in the laws of nature and of nations, but also in
the laws of God. Those called to give evidence to equity courts in customary disputes were
not only required to be aged and of good memory, but were also almost exclusively male.
Custom could clearly be as important a source of female plebeian collective identity as it
could be for men. It was therefore in custom that many plebeians found important elements of
their individual and collective identities.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller EytanP. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $0.00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79202 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now