The Rule of Law in Cities of the Medieval Low Countries: Community-Building in Context

Abstract

Urban communities were established in the twelfth and thirteenth century with the aid of legal concepts that comprised early notions of the rule of law. Cities were envisaged as “communes”, which referred to popular sovereignty. In a first period, urban citizenship was flexible and closely related to place of residence. From around 1220 this model came under increasing pressure. In order to safeguard the interests of the most affluent citizens, large guilds were established. Status determined rights, and there were significant inequalities even among citizens. Ideas of democratic democracy and the civic virtues of citizenship were fostering reforms after 1250. Existing urban governments were expanded to include councils and burgomasters. A framework of checks and balances developed because the commune, now considered as the body of citizens and residents, was seen as a force coexisting with metropolitan institutions. The medieval examples show that, in response to economic and even global conditions, community-building and rule-of-law thinking were solutions offering a “unity-in-diversity”.