Money in the western legal tradition : Middle Ages to by David Fox, Wolfgang Ernst

By David Fox, Wolfgang Ernst

Financial legislations is vital to the functioning of personal transactions and foreign dealings via the country: approximately each felony transaction has a financial element. Money within the Western felony Tradition offers the 1st accomplished research of Western financial legislations, overlaying the civil legislations and Anglo-American universal legislations felony platforms from the excessive center a long time as much as the center of the twentieth century. Weaving a close tapestry of the altering options of cash and personal transactions through the a long time, the individuals examine the distinct contribution made through felony students and practitioners to our realizing of cash and the legislation that govern it.

Divided in 5 elements, the publication starts with the coin foreign money of the center a while, relocating in the course of the invention of nominalism within the early glossy interval to cashless cost and the increase of the banking procedure and paper funds, then charting the development to fiat funds within the glossy period. every one half commences with an outline of the financial surroundings for the ancient interval written via an financial historian or numismatist. those are by way of chapters describing the felony doctrines of every interval in civil and customary legislations. every one part includes examples of up to date litigation or statute legislations which engages with the distinct matters affecting the financial legislation of the interval. This interdisciplinary strategy finds the special perception of cash ordinary in each one interval, which both facilitated or hampered the implementation of financial coverage and the operation of personal transactions.

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Velde, Chapter 17. 16 The chapters on these topics therefore aim to provide a detailed analysis of the relevant reasoning rather than describe the whole monetary law of the period. Other chapters concentrate on actual disputes in the application of monetary law. We see these as more than mere case studies. 18 At least in cases where the sums at stake were high enough, we can be reasonably sure that the law ‘in the books’ was actually applied in practice. It becomes apparent from the following chapters in this book that jurists, legislators, and learned writers in the continental European and common law systems have generally avoided trying to formulate a legal definition of money.

Desan, Chapter 2. 68 For the value of legal measures in supporting early public banks of issue, see W. Roberds and F. Velde, Chapter 22. 65 OUP CORRECTED PROOF – FINAL, 10/1/2016, SPi Monetary History between Law and Economics 15 stemming from its role as mensura omnium rerum). But it is also invisible, part of the complex plumbing system that facilitates myriad exchanges. It also takes multiple forms, as evidenced by the fact that there is no simple answer to the questions: what is money and how much money is there?

Money in the Pre-Industrial World: Bullion, Debasements and Coin Substitutes (2012); J. Bolton, Money in the Medieval English Economy 973–1489 (2012). OUP CORRECTED PROOF – FINAL, 10/1/2016, SPi 6 David Fox, François R. 10 We are aware, however, that a reader looking, for example, for an exhaustive history of minting prerogatives in European history, may turn away disappointed. It is needless to say that this is not a comprehensive (legal) history of the whole ambit of financial institutions at large, although some chapters will shed light on the legal development with regard to certain core banking activities.

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