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Money in the Western Legal Tradition: Middle Ages to Bretton Woods

Money in the Western Legal Tradition: Middle Ages to Bretton Woods

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198704744
  • 出版时间 February 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect.

    Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century.

    Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it.

    Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist.

    These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period.

    This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.

  • 1. Introduction
    2. Money as a Legal Institution

    PART I. COINS AND THE LAW
    Currency Depreciation and Debasement in Medieval Europe
    Money in Medieval Philosophy
    Money in the Roman Law Texts
    The Legists' Doctrines on Money and the Law, Eleventh to Fifteenth Centuries
    Money in Medieval Canon Law
    The Spanish Scholastics on Money and Credit
    Gabriel Biel's Monetary Theory
    The 'Reduction' of Money in the Low Countries, c. 1489-1515

    PART II. MONEY IN THE EARLY MODERN PERIOD: INVENTING NOMINALISM
    Monetary Reforms in the Holy Roman Empire, Fifteenth and Sixteenth Centuries
    The Enforcement of Nominal Values of Money in Medieval and Early Modern Common Law
    The Case of Mixt Monies (1604)
    The Effects of Debasements on Debts in Early Modern Jurisprudence
    German Law Faculties and Benches of Jurymen (Schoffenstuhle) on Loans and Inflation: Legal Doctrine and Seventeenth Century Legal Practice
    Early Modern Monetary Policy in the Light of Contemporary Adjudication

    PART III. THE EMERGENCE OF CASHLESS PAYMENT: BANK MONEY
    Early Public Banks I: Ledger Money Banks
    The Order to Pay Money in Medieval Continental Europe
    Early English Law of Checks
    'Bank Money': The Rise, Fall, and Metamorphosis of the 'Transferable Deposit in Common Law
    Giro Payments and the Beginning of the Modern Cashless Payment System

    PART IV. THE EMERGENCE OF PAPER MONEY
    Early Public Banks II: Banks of Issue
    Deposit Banking and the Use of Monetary Instruments
    Early English Law of Bank Notes
    Bank Notes and their Vindication in Eighteenth Century Scotland
    Multiple Currency Clauses and Currency Reform: The Austrian Coupon Cases

    PART V. FIAT MONEY
    Putting the 'System' in the International Monetary System
    The Bretton Woods System: Design and Operation
    Hyper-Inflations in the Early Twentieth Century
    From the State Theory of Money to Modern Monetary Theory
    Responses to Crisis: Re-configuring the Monetary and the Fiscal in the Great Depression
    Monetary Obligations and the Fragmentation of the Sterling Monetary Union
    The German Hyper-Inflation of the 1920s
    Case Study: Swedish Government Bonds, their Gold Dollar Clause and the 1933 Roosevelt Act

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