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

Hardcover | February 27, 2016

EditorDavid Fox, Wolfgang Ernst

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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 andAnglo-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 andpractitioners 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 partcommences 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 statutelaw 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 privatetransactions.

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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 andAnglo-American common law legal systems fro...

David Fox is a University Lecturer in the Faculty of Law and Fellow of St John's College, University of Cambridge. He specializes in law of property, trusts, and the legal aspects of money, and his publications include Property Rights in Money (2008). Wolfgang Ernst is Regius Professor of Civil Law in the University of Oxford, and Fell...

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Format:HardcoverDimensions:816 pages, 9.69 × 6.73 × 0.1 inPublished:February 27, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198704747

ISBN - 13:9780198704744

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Table of Contents

1. David Fox: Introduction2. Christine Desan: Money as a Legal InstitutionPart I. Coins and the LawMartin Allen: Currency Depreciation and Debasement in Medieval EuropeFabian Wittreck: Money in Medieval PhilosophyThomas Rufner: Money in the Roman Law TextsWolfgang Ernst: The Legists' Doctrines on Money and the Law, Eleventh to Fifteenth CenturiesAndreas Thier: Money in Medieval Canon LawWim Decock: The Spanish Scholastics on Money and CreditStefan Kotz: Gabriel Biel's Monetary TheoryAlain Wijffels: The 'Reduction' of Money in the Low Countries, c. 1489-1515Part II. Money in the Early Modern Period: Inventing NominalismMichael North: Monetary Reforms in the Holy Roman Empire, Fifteenth and Sixteenth CenturiesDavid Fox: The Enforcement of Nominal Values of Money in Medieval and Early Modern Common LawDavid Fox: The Case of Mixt Monies (1604)Harry Dondorp: The Effects of Debasements on Debts in Early Modern JurisprudenceClausdieter Schott: German Law Faculties and Benches of Jurymen (Schoffenstuhle) on Loans and Inflation: Legal Doctrine and Seventeenth Century Legal PracticeAnja Amend-Traut: Early Modern Monetary Policy in the Light of Contemporary AdjudicationPart III. The Emergence of Cashless Payment: Bank MoneyWilliam Roberds and Francois Velde: Early Public Banks I: Ledger Money BanksBenjamin Geva: The Order to Pay Money in Medieval Continental EuropeJames Steven Rogers: Early English Law of ChecksBenjamin Geva: 'Bank Money': The Rise, Fall, and Metamorphosis of the 'Transferable Deposit in Common LawStephan Meder: Giro Payments and the Beginning of the Modern Cashless Payment SystemPart IV. The Emergence of Paper MoneyWilliam Roberds and Francois Velde: Early Public Banks II: Banks of IssueHelmut Siekmann: Deposit Banking and the Use of Monetary InstrumentsJames Steven Rogers: Early English Law of Bank NotesKenneth G.C. Reid: Bank Notes and their Vindication in Eighteenth Century ScotlandRastko Vrbaski: Multiple Currency Clauses and Currency Reform: The Austrian Coupon CasesPart V. Fiat MoneyMichael Bordo and Angela Redish: Putting the 'System' in the International Monetary SystemPeter Kugler: The Bretton Woods System: Design and OperationFrancois Velde: Hyper-Inflations in the Early Twentieth CenturyL. Randall Wray: From the State Theory of Money to Modern Monetary TheoryRoy Kreitner: Responses to Crisis: Re-configuring the Monetary and the Fiscal in the Great DepressionDavid Fox: Monetary Obligations and the Fragmentation of the Sterling Monetary UnionJan Thiessen: The German Hyper-Inflation of the 1920sCase Study: Swedish Government Bonds, their Gold Dollar Clause and the 1933 Roosevelt Act