汉萨同盟与功能重叠竞争管辖权概念

The Hanseatic League and the Concept of Functional Overlapping Competing Jurisdictions

Kyklos · 2012
被引 29
人大 A-ABS 3

中文导读

以功能重叠竞争管辖权(FOCJ)为框架分析中世纪汉萨同盟,发现其接近但缺乏管辖权特征,进而讨论中央政治权威在功能重叠竞争体系中的成本与收益。

Abstract

Summary I explore the medieval phenomenon of the H anseatic L eague. I use the concept of functional overlapping competing jurisdictions ( FOCJ ) discussed by F rey and E ichenberger ( 1996 , 1999 , 2000 ) as framework for my analysis of the medieval association of northern E uropean traders and cities. I show that the H anseatic L eague came close to representing an example of a FOCJ . But I find that in contrast to the FOCJ outlined by F rey and E ichenberger the polycentric H anseatic L eague as an inter‐regional structure lacked the characteristic of a jurisdiction. It was not a political authority with the power to tax and regulate its members. The arrangements between the members of the H anseatic L eague therefore had to be self‐enforcing. Building on my investigation of the H anseatic L eague, I further provide a general discussion of the costs and benefits of a central political authority in a system of functional overlapping competing units.

汉萨同盟功能重叠竞争管辖权多中心治理自我执行制度