Money in the western legal tradition : Middle Ages to Bretton Woods

Money in the western legal tradition : Middle Ages to Bretton Woods / edited by David Fox and Wolfgang Ernst.

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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Bibliographic Details
Other Authors: Fox, David (David Murray) (Editor), Ernst, Wolfgang, 1956- (Editor)
Format: eBook
Language:English
Published: Oxford, United Kingdom : Oxford University Press, 2016.
Edition:First edition.
Subjects:
Money > Law and legislation > Western countries > History.
LAW > Military.
Money > Law and legislation
Currencies.
Financial law.
International financial law.
Economic history.
Legal history.
Laws of specific jurisdictions & specific areas of law.
Law.
Western countries
History
Online Access:Click for online access
Table of Contents:
  • Cover; Money in the Western Legal Tradition: Middle Ages to Bretton Woods; Copyright; Acknowledgements; Contents; Table of Cases; Table of Legislation; List of Abbreviations; List of Contributors; INTRODUCTION; 1: Monetary History between Law and Economics; I. The Scope of this Book; 1. Time Span and Countries Covered; 2. Topical Limitations; 3. Money Seen from the Legal Point of View; II. An Evolutionary Story; III. The Role of the State; IV. The Relationship between Law and Economics in Monetary Development; 2: Money as a Legal Institution; I. Introduction; II. Making Money 'Real'
  • III. The Place of LawPART I: THE LATE MIDDLE AGES: COINS AND THE LAW; I: MONETARY ENVIRONMENT; 3: Currency Depreciation and Debasement in Medieval Europe; I. Introduction; II. Causes of Debasement; III. Consequences of Debasement; IV. Political and Legal Responses to Debasement; V. Conclusions; 4: Money in Medieval Philosophy; I. Introduction; II. The Main Monetary Issues of Medieval (Practical) Philosophy; 1. The Notion, Function, and Morality of Money; 2. Immoral Use of Money: Interest and Iustum Pretium; 3. The Power of the Prince: Debasement and Valor Impositus.
  • III. The Main Sources of Medieval Monetary Philosophy1. Foundation: No Way Around Aquinas; 2. Contemporaries and Adversaries of Aquinas; 3. Developed Scholastic Monetary Thought: Buridan and Oresme; 4. Byzantine, Islamic, and Jewish Sources?; IV. The Realistic Approach and Practical Relevance of Medieval Philosophy; 1. The Significance of Monetary Reality for Medieval Philosophy; 2. The Significance of Medieval Philosophy for Medieval Legal Doctrines; 3. The Long-term Imprint of Medieval Monetary Philosophy; V. Conclusion: Salvaging Money from Purgatory?
  • 5: The Last Scholastic on Money: Gabriel Biel's Monetary TheoryI. Introduction; II. Gabriel Biel's Monetary Theory: Contents; 1. Notabilia; 2. Conclusiones; 3. Dubia; III. Gabriel Biel's Monetary Theory: Sources; IV. Gabriel Biel's Monetary Theory: Concepts; V. Conclusion; II: CIVIL LAW; 6: Money in the Roman Law Texts; I. Introduction; II. Conceptions of Money; 1. The Debated Nature of Roman Money; 2. Alternative Means of Payment in the Legal Sources; (a) Credit money; (b) Bullion; (c) Tesserae frumentariae; 3. Theoretical Statements by the Roman Jurists.
  • (A) Definitions of pecunia in title 50, 16 of Justinian's Digest(b) Paul's treatise on sale and barter; III. Coined Money; 1. A Short History of Roman Imperial Coinage; 2. Coins in the Legal Sources; (a) Sestertii and nummi; (b) Denarii; (c) Aurei and solidi; (d) Unspecified coins; (e) Coins without official status; IV. The Special Status of Money in Roman Contract and Property Law; 1. Enhanced Fungibility of Money; 2. Transfer of Ownership; 3. Debasement; V. Conclusion; 7: The Legists' Doctrines on Money and the Law from the Eleventh to the Fifteenth Centuries; I. Introduction.

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