A Study Of Marlynes' Thought On The Law Merchant

England was in a period of transition from tradtional society to mordern society in the 17^thh century.Under the influence of the opening of New sea-route and the development of foreign trade,the Law Merchant of England to deal with the commerical cases inherited from middle-age has changed.Gerard Malynes?fl.1586—1641?was a merchant and awriter live in the late Tudor dynasty and early Sturart dynasty.as son of a merchant,Malynes engage in business concern foreign trade for a long time,at the same time he thinking about the economic problem of British at the same time,and wrote a lot book about it.He also offered advice and suggestions to the House of Commons and Privy Council about commerical affair.During this time,Malynes realised the problem of Law Merchant in England.With the deep thinking about Law Merchant and other problem,Malynes's thought on Law Merchant were also becoming more and more mature.In the early 17^th,Malynes wrote Consuetudo vel Lex Mercatoria or The Ancient Law Merchant,the first book about Law Merchant in England,which was published at1622.This work embodied Malynes's thought on Law Merchant.With the reprint of the Consuetudo vel Lex Mercatoria or The Ancient Law Merchant,Malynes's thoughts on Law Merchaant drew more and more attention.The study of western scholors on Malynes also became more and more sophisticated.From the early collection of information,and study Malynes's work gradually turn to the more comprehensive research on Malynes,but still lake of thematic research on Malynes's thought on Law Merchant.Compared with foreig countries,our relevant research remains to be futher studied.This paper attempt to carry out a more thematic study in Malynes's thoughts o Law Merchant by interpret the key original documents.This paper consists of introduction,main part and conclusion.Among them,the introduction clarifies basis of the topic selection,illustrates definitions of the keywords and core terms in this paper,combs research status at home and abroad,introduces the key documets and expounds basic theories as well as methods in this paper.The main pare of this paper icludes three chapter.The first chapter discussed the historical background of the formation of Malynes's thought on Law Merchant.The formation of Malynes's thought on Law Merchant was closely related with the development of Law Merchant in England for 400 years.On the other hand,the personal growth experience of Malynes's and his other write also laied the doundation of the formation of his thought on Law Merchant.The second chapter is based o the original historical data,through the analysis of the Consuetudo vel Lex Mercatoria or The Ancient Law Merchant,study the Malynes's ideolgy and policy about Law Merchant,and disscuse other guide about his thought on Law Merchant.The third Chapter based on the elaboration of the contents of Malynes's thought on Law Merchant,compared with the fomous judge Coke's thought on Law Merchant who live in the same time,and summarize the contribution of the developmet about the theory of Law Merchant.The Last Part generalized,summarized Malynes's thought on Law Merchant,illuminate the influence and status of Malynes's thought on Law Merchant,and give reasonable evaluation about Malynes's thought on Law Merchant.