The History of Commercial Partnerships in the Middle AgesWeber himself characterized his first book--translated here in its first, complete English edition--as a study in the "formation of commercial law." Weber's argument centers on the legal characteristics of medieval enterprises as a historical precursor to modern forms of commercial enterprises. Weber emphasizes dimensions of medieval law and practices that are at the root of today's business partnerships and modern capitalism. The History of Commercial Partnerships in the Middle Ages exemplifies Weber's early work in political economy and legal history. His insights here inform parts of his later, classic studies The Protestant Ethic and the Spirit of Capitalism and Economy and Society, in which he clearly and succinctly relates the rise of modern capitalism to core themes of his original dissertation, which forms the basis of this book. This early book was a prelude to the multi-causal and multi-dimensional approach that scholars see reflected in his later writings. In subsequent works he would skillfully expand the comparative historical method he had employed in his dissertation to different areas of law and society. The book includes a translation of the original documents that Weber so extensively quoted, thus making his first book accessible to a larger audience. Lutz Kaelber's introduction analyzes the content of Weber's book in the context of Weber's professional career and personal life, summarizes Weber's major arguments, and situates these arguments within Weber's philosophy and writings. |
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Contents
LVIII | 108 |
LIX | 108 |
LX | 108 |
LXI | 108 |
LXII | 108 |
LXIII | 109 |
LXIV | 110 |
LXV | 112 |
LXVI | 113 |
LXVII | 114 |
LXVIII | 115 |
LXIX | 117 |
LXX | 118 |
LXXI | 120 |
LXXII | 121 |
LXXIII | 122 |
LXXIV | 123 |
LXXV | 124 |
LXXVI | 125 |
LXXVII | 127 |
LXXVIII | 129 |
LXXX | 129 |
LXXXI | 130 |
LXXXII | 131 |
LXXXIII | 132 |
LXXXIV | 133 |
LXXXV | 135 |
LXXXVI | 136 |
LXXXVIII | 137 |
LXXXIX | 138 |
XC | 139 |
XCI | 140 |
XCII | 142 |
XCIII | 145 |
XCVI | 147 |
XCVII | 148 |
XCVIII | 149 |
XCIX | 151 |
C | 153 |
CI | 156 |
CII | 159 |
CIII | 165 |
CIV | 173 |
Common terms and phrases
according agreement amount applied assets association authority basis beginning brothers capital carry characteristic cited claim commenda commercial compagnia concerning consequences considered constituted Constitutum contain contracts contribution creditors debt delict discussed dissertation documents earlier economic evident existed express fact father Florence foundation fratres further Genoa German given gives Goldschmidt Guenther Roth held History household important included individual inheritance institution inter interest involved Italy joint joint liability labor later liability limited limited partnership live maritime Max Weber means medieval mentioned obligations older original participants partners partnership passage person Pisa principles profit question quod received reference regard relations relationship remains rules share significance societas maris socii socius solidary liability Stat statutes stipulations third parties tion tractator trade translation University Usus
Popular passages
Page 30 - What is crucial is the separation of household and business for accounting and legal purposes, and the development of a suitable body of laws, such as the commercial register, elimination of dependence of the association and the firm upon the family, separate property of the private firm or limited partnership, and appropriate laws of bankruptcy (Weber, 1968: 1, 379). As Weber notes, this development was paralleled at higher and subsequently at lower levels of government administration by the separation...
Page 30 - ... themselves with their own income. In the case of business enterprises, Weber has characterized a very different separation of functions: First, the household ceased to exist as a necessary basis of rational business association. Henceforth, the partner was not necessarily — or typically — a house member. Consequently, business assets had to be separated from the private property of the partners. Similarly, a distinction began to be made between the business employees and the domestic servants....
Page 55 - ... ita ius dicito iudiciaque dato, ut ei, qui | eos praedes cognitores ea praedia mer|cati erunt, praedes socii heredesque eorum | 7o Hquej a^ quos ea res pertinebit, de is rebus | agere easque res petere persequi rec|te possit.
Page 54 - Dig. de aedil. edicto. (XXI. -1.) Proponitur actio ex hoc edicto in eum , cujus maxima pars in venditione fuit, quia plerumque venaliciarii ita societatem coeunt, ut, quidquid agant, in commune videantur agere. Aequum enim Aedilibus visum est, vel in unum ex his, cujus major pars, aut nulla parte minor esset, aedilicias actiones competeré, ne cogeretur emtor eum muHis litigare, quamvis aclio ex emto cum singulis sit pro portione, qua socii fuerunt; nam id genus bominum ad lucrum potius, vel turpiter...
Page 29 - ... this process of differentiation the case of the early capitalistic households of Florence in the mediaeval period. At the stage when the first signs of this transformation were appearing, every person in the household had his own account. He has pocket money at his disposal. Specific limits are set to certain expenditures — for example, if he invites a visitor for a stay. The member must settle his account in the same way as do partners in any modern trading company. He has capital shares 'in...
Page 24 - In the last resort the factor which produced capitalism is the rational permanent enterprise, rational accounting, rational technology and rational law, but again not these alone. Necessary complementary factors were the rational spirit, the rationalization of the conduct of life in general, and a rationalistic economic ethic.
Page 42 - Entwickelung des Solidarhaftprinzips und des Sondervermögens der offenen Handelsgesellschaft aus den Haushalts- und Gewerbegemeinschaften in den italienischen Städten.
Page 42 - Die protestantische Ethik und der »Geist« des Kapitalismus. II. Die Berufsidee des asketischen Protestantismus, in: AfSS u (1905), S.
Page 5 - But when I have to go to my grave someday, there is no one to whom I would rather say, 'Son, here is my spear; it is getting too heavy for my arm' than the highly esteemed Max Weber.



