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.
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.
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.
Inhaltsangabe
* 1: David Fox, François R. Velde, and Wolfgang Ernst: Introduction * 2: Christine Desan: Money as a Legal Institution * Part I. The Late Middle Ages: Coins and the Law * Currency Depreciation and Debasement in Medieval Europe * Money in Medieval PhilosophyThe Last Scholastic on Money: Gabriel Biel's Monetary Theory * Part II. Civil Law * Money in the Roman Law Texts * The Legists' Doctrines on Money and the Law from the Eleventh to Fifteenth Centuries * Money in Medieval Canon Law * The 'Reduction' of Money in the Low Countries c. 1489-1515. * Part III. Money in the Early Modern Period: The Triumph of Nominalism * Monetary Reforms in the Holy Roman Empire in the Fifteenth and Sixteenth Centuries * The Enforcement of Nominal Values to Money in the Medieval and Early Modern Common Law * The Case of Mixt Monies (1604)The Effect of Debasements on Pre-existing Debts in Early Modern Jurisprudence * Spanish Scholastics on Money and Credit * German Law Faculties and Benches of Jurymen (Schöffenstühle) on Loans and Inflation: Legal Doctrine and Seventeenth Century Legal Practice * Monetary and Currency Problems in the Light of Early Modern Litigation * Part III. The Evolution of Cashless Payment: Bank Money * Early Public Banks I: Ledger-Money Banks * 'Bank Money': The Rise, Fall, and Metamorphosis of the 'Transferable Deposit' * Early English Law of Checks * The Order to Pay Money in Medieval Continental Europe * Giro Payments and the Beginning of the Modern Cashless Payment System * Part IV. The Eighteenth and Nineteenth Centuries: 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 * Banknotes and their Vindication in Eighteenth-Century Scotland * Multiple Currency Clauses and Currency Reform: The Austrian Coupon Cases * Part V. The Twentieth Century: Fiat Money * Putting the 'System' in the International Monetary System * The Bretton Woods System: Design and Operation * From the State Theory of Money to Modern Money: An Alternative to Ecomomic Orthodoxy * Hyperinflations of the Early Twentieth Century * Responses to Crisis: Refiguring the Monetary and the Fiscal in the Great Depression * Monetary Obligations and the Fragmentation of the Sterling Monetary Union * The German Hyperinflation of the 1920s * Case Study: Swedish Government Bonds, their Gold Dollar Clause, and the 1933 Roosevelt Act - Georges Sauser-Halls Opinion on Loans issued by the Government of Sweden
* 1: David Fox, François R. Velde, and Wolfgang Ernst: Introduction * 2: Christine Desan: Money as a Legal Institution * Part I. The Late Middle Ages: Coins and the Law * Currency Depreciation and Debasement in Medieval Europe * Money in Medieval PhilosophyThe Last Scholastic on Money: Gabriel Biel's Monetary Theory * Part II. Civil Law * Money in the Roman Law Texts * The Legists' Doctrines on Money and the Law from the Eleventh to Fifteenth Centuries * Money in Medieval Canon Law * The 'Reduction' of Money in the Low Countries c. 1489-1515. * Part III. Money in the Early Modern Period: The Triumph of Nominalism * Monetary Reforms in the Holy Roman Empire in the Fifteenth and Sixteenth Centuries * The Enforcement of Nominal Values to Money in the Medieval and Early Modern Common Law * The Case of Mixt Monies (1604)The Effect of Debasements on Pre-existing Debts in Early Modern Jurisprudence * Spanish Scholastics on Money and Credit * German Law Faculties and Benches of Jurymen (Schöffenstühle) on Loans and Inflation: Legal Doctrine and Seventeenth Century Legal Practice * Monetary and Currency Problems in the Light of Early Modern Litigation * Part III. The Evolution of Cashless Payment: Bank Money * Early Public Banks I: Ledger-Money Banks * 'Bank Money': The Rise, Fall, and Metamorphosis of the 'Transferable Deposit' * Early English Law of Checks * The Order to Pay Money in Medieval Continental Europe * Giro Payments and the Beginning of the Modern Cashless Payment System * Part IV. The Eighteenth and Nineteenth Centuries: 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 * Banknotes and their Vindication in Eighteenth-Century Scotland * Multiple Currency Clauses and Currency Reform: The Austrian Coupon Cases * Part V. The Twentieth Century: Fiat Money * Putting the 'System' in the International Monetary System * The Bretton Woods System: Design and Operation * From the State Theory of Money to Modern Money: An Alternative to Ecomomic Orthodoxy * Hyperinflations of the Early Twentieth Century * Responses to Crisis: Refiguring the Monetary and the Fiscal in the Great Depression * Monetary Obligations and the Fragmentation of the Sterling Monetary Union * The German Hyperinflation of the 1920s * Case Study: Swedish Government Bonds, their Gold Dollar Clause, and the 1933 Roosevelt Act - Georges Sauser-Halls Opinion on Loans issued by the Government of Sweden
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