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The Justice of VeniceAuthorities and Liberties in the Urban Economy, 1550-1700$
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James E Shaw

Print publication date: 2006

Print ISBN-13: 9780197263778

Published to British Academy Scholarship Online: January 2012

DOI: 10.5871/bacad/9780197263778.001.0001

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PRINTED FROM BRITISH ACADEMY SCHOLARSHIP ONLINE (www.britishacademy.universitypressscholarship.com). (c) Copyright British Academy, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in BASO for personal use.date: 17 September 2021

Relational Transactions

Relational Transactions

Chapter:
(p.178) 6 Relational Transactions
Source:
The Justice of Venice
Author(s):

James E. Shaw

Publisher:
British Academy
DOI:10.5871/bacad/9780197263778.003.0007

Having examined the structure of small-claims litigation, this chapter seeks to situate the legal process more solidly in its immediate social context. The equitable character of justice at the lesser courts was in part related to the amateur status of the judges, yet it also reflected the highly informal nature of most everyday transactions. In the absence of written contracts, there was little scope for a sophisticated law of contract. The court's adoption of an equity approach was functionally related to the type of business that it considered. Courts of conscience provided an equivalent structure for small-claims litigation in England, allowing plaintiffs to seek justice even if they did not have the formal proofs required by the common law. This chapter shows that the behaviour of litigants can only be properly understood when this context of informal economic relations is taken into account.

Keywords:   small claims, certification, out of court, voluntary sentences, litigation, England, common law

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