How an antisemitic legend gave voice to widespread fears surrounding the expansion of private credit in Western capitalism
The Promise and Peril of Credittakes an incisive look at pivotal episodes in ...the West's centuries-long struggle to define the place of private finance in the social and political order. It does so through the lens of a persistent legend about Jews and money that reflected the anxieties surrounding the rise of impersonal credit markets.
By the close of the Middle Ages, new and sophisticated credit instruments made it easier for European merchants to move funds across the globe. Bills of exchange were by far the most arcane of these financial innovations. Intangible and written in a cryptic language, they fueled world trade but also lured naive investors into risky businesses. Francesca Trivellato recounts how the invention of these abstruse credit contracts was falsely attributed to Jews, and how this story gave voice to deep-seated fears about the unseen perils of the new paper economy. She locates the legend's earliest version in a seventeenth-century handbook on maritime law and traces its legacy all the way to the work of the founders of modern social theory-from Marx to Weber and Sombart.
Deftly weaving together economic, legal, social, cultural, and intellectual history, Trivellato vividly describes how Christian writers drew on the story to define and redefine what constituted the proper boundaries of credit in a modern world increasingly dominated by finance.
Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude ...it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Over the past 30 years there has been considerable research on the political economy of reform. Yet despite this, little is known about strategies for managing the politics of changemoving from a ...bad to a better equilibrium. Part of the challenge of studying this issue stems from the difficulty of obtaining detailed, so-called blow-by-blow information on actual reform processes. From this type of information, one can discern and cull practical lessons on strategy, which by its very nature is about dealing with political barriers or problems as they crop up during the implementation process. This study looks at the sequence of events that ultimately led to the passage of legislation that markedly altered the rules that govern public procurement in the Philippines. The study attempts to distill operationally useful lessons for managing the politics of a reform process.
Murphy discusses Mike Bender's article. He questions the statistical validity of a comparison between a non-peer reviewed annual publication from 2009 to 2018 and three peer reviewed (two quarterly, ...one twice yearly) academic journals. In his article, Bender does not acknowledge the significance of the centenary issue of The Mariner's Mirror 97, no. 1 (2011), in which he, published 22 articles in 398 pages from leading scholars, most of which were surveys of the state of the huge range of disciplines contained in Mariner's Mirror since its inception. Overall, however, Bender is of course correct at the dire state of maritime history in British universities. It is lamentable that so few PhD students go on to full time jobs in our universities and the tiny amount who do are usually on precarious short-term contracts.
This award-winning book is a comprehensive and timely examination of remedies for breach of contract. It analyses and challenges fundamental aspects of English law contractual remedies, drawing upon ...comparative study of French law and with particular focus on recent developments in both jurisdictions. It also makes suggestions as to how contractual remedies in England might be strengthened.
Ugovor o faktoringu je pravni posao kupoprodaje postojeće nedospjele ili buduće kratkoročne novčane tražbine nastale iz osnova ugovora o prodaji robe ili pružanju usluga u zemlji i inostranstvu, koja ...se prenosi na faktora ugovorom i koji preuzima potraživanje od prodavca da bi to naplatio u svoje ime i za svoj račun. Ugovor o faktoringu mora biti zaključen u pisanoj formi između klijenta (prodavca) i faktora. O zaključenom ugovoru dužnik mora biti obaviješten na pouzdan način. Buduće tražbine mogu biti predmet faktoringa samo ako su u trenutku sklapanja ugovora bile dovoljno odredive. Osnovne funkcije faktoringa su funkcija finansiranja, usluge i osiguranja naplate.
Yawning gaps in bargaining powers between transacting parties have always been a source of concern in commercial relations and the legal governance of such relations. In modern times, the likely ...implications of gaps in bargaining powers are not only palpable as it concerns the affairs of transacting parties with weaker bargaining powers, but also on the welfare of society, at large. That is particularly so in this milieu of pervasive oligopolistic market structures, organised commercial networks, digitisation, and big data. The imperative to guard against the use of contractually agreed remedial clauses to consolidate market power and as tools for wealth extraction is the concern of this article. To this end, this article makes a case for a recalibration of the rule against penalties in contract law.
The provisions of the French Civil Code governing the law of obligations remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French ...Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience. Volume 25: Studies of the Oxford Institute of European and Comparative Law
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