The text should be of value to academics and others with an interest in the theory of money, whether from a legal, economic or historical perspective. It may also provide inspiration to practitioners searching for novel solutions to legal dilemmas created by ever more complex developments in the international monetary system.
Charles Proctor, Journal of World Investment and Trade
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.
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Spanning two great Western legal traditions, the common law of the Anglo-American legal world and the civil law systems of continental Europe, this book analyses monetary law as it has been understood by legal scholars and legal practitioners of the past 800 years.
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PART I. THE LATE MIDDLE AGES: COINS AND THE LAW; PART II. CIVIL LAW; PART III. MONEY IN THE EARLY MODERN PERIOD: THE TRIUMPH OF NOMINALISM; PART III. THE EVOLUTION OF CASHLESS PAYMENT: BANK MONEY; PART IV. THE EIGHTEENTH AND NINETEENTH CENTURIES: THE EMERGENCE OF PAPER MONEY; PART V. THE TWENTIETH CENTURY: FIAT MONEY
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The first book to undertake a history of monetary law from the High Middle Ages through to the twentieth century
Analyses the distinctive concepts of money applied by legal practitioners and scholars throughout the period
Contributions written by an international team of legal historians, economists, economic historians, and numismatists
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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 Fellow of All Souls College.
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The first book to undertake a history of monetary law from the High Middle Ages through to the twentieth century
Analyses the distinctive concepts of money applied by legal practitioners and scholars throughout the period
Contributions written by an international team of legal historians, economists, economic historians, and numismatists
Les mer
Produktdetaljer
ISBN
9780198704744
Publisert
2016
Utgiver
Oxford University Press
Vekt
1774 gr
Høyde
249 mm
Bredde
182 mm
Dybde
55 mm
Aldersnivå
UU, UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
920