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The ‘Reimaginarium’ of Lex Mercatoria: Critique of the Geocentric Theory about the Origins and Episteme of the Lex Mercatoria

Oduntan, Gbenga (2016) The ‘Reimaginarium’ of Lex Mercatoria: Critique of the Geocentric Theory about the Origins and Episteme of the Lex Mercatoria. Manchester Journal of International Economic Law, 13 (1). pp. 63-80. ISSN 1742-3945. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:52408)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)

Abstract

The article examines the controversy surrounding sources, nature and scope of operation of the so called field of lex mercatoria. It aims to critique the classic positions regarding the existence/non-existence or validity/invalidity of the lex mercatoria as presented in legal literature. Specifically it aims to deepen understanding of the lex mercatoria by examining the interconnectedness of the world’s basic cultures and legal traditions to the lex Mercatoria and indicating the possible streams from which it derived and continues to derive its validity. A refutation is made of the predominant view that the lex mercatoria is a creation of Western Europe. The paper also aims at raising arguments to counter some of the little discussed misconceptions that are discernible in legal literature and which have arguably prevented a holistic approach to the discussion of this important issue area of the law. The paper thus, invites scholars to rethink and re-imagine the enigma of the lex mercatoria in favour of a more culturally encompassing and commercially inclusive epistemology.

Item Type: Article
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sarah Saines
Date Deposited: 25 Nov 2015 10:17 UTC
Last Modified: 16 Feb 2021 13:30 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/52408 (The current URI for this page, for reference purposes)
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