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The Payment Order of Antiquity and the Middle Ages: A Legal History: 6
Author(s): Benjamin Geva (Author)
- Publisher: Hart Publishing
- Publication Date: 1 Nov. 2011
- Edition: Illustrated
- Language: English
- Print length: 784 pages
- ISBN-10: 1849460523
- ISBN-13: 9781849460521
Book Description
Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of ‘law merchant’ as a mercantile creation.
The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of ‘law merchant’.
The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.
Editorial Reviews
Review
This book is both lengthy and very detailed, as well as being very closely argued throughout and no review can do justice to the scholarly riches found therein.
…a very fine work of immense learning and scholarship. It is well-written, well-organized, and once chapter one has been consumed, intelligible to the interested non-expert reader. The historical matter is presented in meticulous and logical detail, a testimony to a very precise and logical mind. I learned an enormous amount from reading the book, expect to return to it frequently, and commend it heartily to readers. –Banking and Finance Law Review, Volume 28, M. H. Ogilvie
The Payment Order of Antiquity and the Middle Ages details the development of non-cash payments over the time period indicated by the title…If the book did no more than that, it would be a fascinating read, but Professor Geva undertakes a more ambitious goal. He wishes to show that the current law of payment systems has developed as a progression of payment system laws – each later system, knowingly or unknowingly building on an earlier one. –Journal of Banking and Finance Law and Practice 23, Alan L Tyree