Money in the Western Legal Tradition
Money in the Western Legal Tradition

Author: David Murray Fox

Publisher: Oxford University Press

Published: 2016

Total Pages: 921

ISBN-13: 0198704747

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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 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.

Money in the Western Legal Tradition
Money in the Western Legal Tradition

Author: David Fox

Publisher: Oxford University Press

Published: 2016-01-28

Total Pages: 921

ISBN-13: 019105917X

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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 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.

The Euro as Legal Tender
The Euro as Legal Tender

Author: Robert Freitag

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2020-04-20

Total Pages: 211

ISBN-13: 311063774X

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Twenty years following the introduction of the euro as single European currency, it remains unclear whether Article 128 of the TFEU enshrines an autonomous concept of legal tender with regard to the euro or whether the provision merely refers to pre-existing concepts of legal tender in the national laws of member states. This work collects all contributions to the 2018 conference "The Euro as Legal Tender" held in Frankfurt-am-Main.

Handbook of the History of Money and Currency
Handbook of the History of Money and Currency

Author: Stefano Battilossi

Publisher: Springer

Published: 2020-03-13

Total Pages: 0

ISBN-13: 9789811305955

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This handbook provides a comprehensive overview of state-of-the-art research in the field of monetary and financial history. The authors comprise different generations of leading scholars from universities worldwide. Thanks to its unrivaled breadth both in time (from antiquity to the present) and geographical coverage (from Europe to the Americas and Asia), the volume is set to become a key reference for historians, economists, and social scientists with an interest in the subject. The handbook reflects the existing variety of scholarly approaches in the field, from theoretically driven macroeconomic history to the political economy of monetary institutions and the historical evolution of monetary policies. Its thematic sections cover a wide range of topics, including the historical origins of money; money, coinage, and the state; trade, money markets, and international currencies; money and metals; monetary experiments; Asian monetary systems; exchange rate regimes; monetary integration; central banking and monetary policy; and aggregate price shocks.

Law and Revolution, the Formation of the Western Legal Tradition
Law and Revolution, the Formation of the Western Legal Tradition

Author: Harold J. Berman

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 674

ISBN-13: 9780674020856

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The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

The Elgar Companion to Modern Money Theory
The Elgar Companion to Modern Money Theory

Author: Yeva Nersisyan

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 491

ISBN-13: 1788972244

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This Companion is a comprehensive introduction to Modern Money Theory (MMT), covering a wide variety of topics from the nature and origins of money, to the fundamentals of government spending and taxation, to the application of MMT in developed and developing countries.

Globalisation and the Western Legal Tradition
Globalisation and the Western Legal Tradition

Author: David B. Goldman

Publisher: Cambridge University Press

Published: 2008-02-07

Total Pages: 14

ISBN-13: 1139467352

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What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

Money as a Legal Institution
Money as a Legal Institution

Author: Christine A. Desan

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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This chapter summarizes the case for considering money as a legal institution. The Western liberal tradition, represented here by John Locke's iconic account of money, describes money as an item that emerged from barter before the state existed. Considered as an historical practice, money is instead a method of representing and moving resources within a group. It is a way of entailing or fixing material value in a standard that gains currency because of the unique cash services it provides. The evidence to that end comes from coin itself, the practice of free-minting, judicial commentary, and academic theorizing. As the second half of the chapter details, the relationships that make money work are matters of governance carried out in law. Thus law defines public debt, allocates authority to create money, and determines what counts as a 'commodity'. Comparing medieval, early American, and modern money law on money demonstrates the dramatic importance of that legal engineering.