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Western Legal Tradition Definition Essay

Edited by David Fox, Lecturer in Law and Fellow, University of Cambridge and St John's College, and Wolfgang Ernst, Regius Professor of Civil Law, University of Oxford

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.

Martin Allen is the Senior Assistant Keeper in the Department of Coins and Medals at the Fitzwilliam Museum, Cambridge and an Affiliated Lecturer in the Faculty of History, University of Cambridge.
Anja Amend-Traut is Professor of German and European Legal History, Canon Law and Civil Law, Julius Maximilians University of Würzburg
Michael Bordo is Professor of Economics and Director of the Center for Monetary and Financial History at Rutgers University, New Brunswick, New Jersey
Wim Decock is Research Professor at the Faculty of Law, KU Leuven, and an Associate Researcher at the Max Planck Institute for European Legal History, Frankfurt am Main
Christine Desan is Leo Gottlieb Professor of Law at Harvard Law School.
Harry Dondorp is Assistant Professor of Legal History at the VU (Vrije Universiteit) Amsterdam
Wolfgang Ernst is Regius Professor of Civil Law at the University of Oxford, and Fellow, All Souls College, Oxford.
David Fox is University Lecturer, University of Cambridge, and Fellow, St John's College, Cambridge.
Benjamin Geva is Professor of Law at Osgoode Hall Law School, York University, Toronto.
Stefan Kötz is Keeper of the Coin Cabinet at the LWL (Landschaftsverband Westfalen-Lippe)- Museum of Art and Culture/Westphalian State Museum in Münster, Germany.
Roy Kreitner is Professor of Law, Tel Aviv University.
Peter Kugler is Professor of Monetary History at the University of Basel.
Stephan Meder is Professor of Civil Law and Legal History, University of Hannover.
Michael North is Professor of Modern History at the Ernst Moritz Arndt University, Greifswald.
Angela Redish is Professor of Economics at the University of British Columbia.
Kenneth G. C. Reid is Professor of Scots Law, University of Edinburgh.
William Roberds is Research Economist and Senior Policy Adviser at the Federal Reserve Bank of Atlanta.
James Steven Rogers is Professor of Law at Boston College Law School.
Thomas Rüfner is Professor of Roman Law and Private Law, University of Trier.
Clausdieter Schott is Professor Emeritus of Legal History and Private Law, University of Zürich.
Helmut Siekmann is Professor of Money, Currency and Central Bank Law, Johann Wolfgang Goethe-University, Franfurt am Main.
Andreas Thier is Professor of Legal History, Ecclesiastical Law, Legal Theory, and Private Law, University of Zürich.
Jan Thiessen is Professor of Civil Law, German and Contemporary Legal History, Commercial and Corporate Law, University of Tübingen.
François Velde is a Senior Economist and Research Adviser, Federal Reserve Bank of Chicago.
Rastko Vrbaski is Head of the Department for Intensive Supervision and Crisis Intervention, Banking Division, Swiss Financial Market Supervisory Authority FINMA (Eidgenössische Finanzmarktaufsicht), Berne.
Alain Wijffels is Professor of Comparative Law and Legal History, Universities of Leiden, Leuven, and Louvain-la-Neuve; Senior Research Fellow CNRS (Lille-2).
Fabian Wittreck is Professor of Public Law, Legal Philosophy, and Sociology of Law, University of Münster.
L. Randall Wray is Professor of Economics, University of Missouri-Kansas City, and Senior Scholar, Levy Economics Institute.

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

David Fox and Wolfgang Ernst

Abstract

Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. This book presents an 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 twentieth century. By drawing together, the changing concepts of money and private transactions throughout the ages, the chapters investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern ... More

Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. This book presents an 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 twentieth century. By drawing together, the changing concepts of money and private transactions throughout the ages, the chapters 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 recognition 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. 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.

Keywords: monetary law, legal transaction, Anglo-American common law, money, private, transactions, Middle Ages, banking system, paper money, legal doctrines

Bibliographic Information

Print publication date: 2016Print ISBN-13: 9780198704744
Published to Oxford Scholarship Online: April 2016DOI:10.1093/acprof:oso/9780198704744.001.0001

Authors

Affiliations are at time of print publication.

David Fox, editor
Lecturer in Law and Fellow, University of Cambridge and St John's College

Wolfgang Ernst, editor
Regius Professor of Civil Law in the University of Oxford, and Fellow of All Souls College

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