Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-09T03:41:05.205Z Has data issue: false hasContentIssue false

4 - Early exchange transactions: public law and policy

Published online by Cambridge University Press:  22 September 2009

James Steven Rogers
Affiliation:
Boston College, Massachusetts
Get access

Summary

The cases examined in the previous chapter suggest that from the fifteenth to the early seventeenth centuries various English courts enforced the monetary obligations that arose out of exchange contracts, but no special body of law had developed concerning bills of exchange. Indeed, it may even be stretching the imagination to speak of a law of exchange contracts prior to the seventeenth century, if that phrase is taken to suggest that disputes arising out of exchange contracts were governed by a special body of law distinguishing exchange contracts from other monetary engagements. Rather, the cases are most aptly described as applications to exchange transactions of general concepts and procedures for enforcement of simple monetary obligations.

Although exchange contracts and bills of exchange do not seem to have raised any special problems in this period from the standpoint of private law analysis, that is not to say that exchange dealings were regarded as wholly unproblematic. Quite the contrary, if we shift focus from private law to public law, we find that exchange transactions in particular, and commercial affairs in general, were the subject of intense public controversy in the sixteenth and early seventeenth centuries. A satisfactory account of the history of commercial law in general, and bills and notes in particular, requires careful consideration of the relationships between legal issues and controversies concerning economic policy and morality.

Type
Chapter
Information
The Early History of the Law of Bills and Notes
A Study of the Origins of Anglo-American Commercial Law
, pp. 69 - 93
Publisher: Cambridge University Press
Print publication year: 1995

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×