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This study traces the history of the law of bills and notes in
England from medieval times to the period in the late eighteenth
and early nineteenth centuries when bills played a central role in
the domestic and international financial system. It challenges the
traditional theory that English commercial law developed by
incorporation of the concept of negotiability and other rules from
an ancient body of customary law known as the law merchant. Rogers
shows that the law of bills was developed within the common law
system itself, in response to changing economic and business
practices. This account draws on economic and business history to
explain how bills were actually used and to examine the
relationship between the law of bills and economic and social
controversies.
In The End of Negotiable Instruments: Bringing Payment Systems Law
Out of the Past, author James Rogers challenges the basic
assumptions of the law of checks and notes and its history, and
provides a well-reasoned account of how the law could be changed to
better suit the evolution of new payment technologies.
The modern American law of payment systems is in disarray. Efforts
to create a unified body of law for payment systems have so far
been unsuccessful. Part of the reason for that failure is the
assumption that the existing law works well for the traditional
paper-based check system, and that problems have been created only
by the evolution of new technologies. The End of Negotiable
Instruments argues that this assumption is unfounded. The basic law
of checks is itself anachronistic. There are no other books that
undertake a similar analysis--there are legal treatises on the law
of checks and notes, but all of them take for granted the basic
assumptions challenged in this book. Several articles were
published in the late twentieth century concerning the dispute over
the application of certain doctrines of traditional negotiable
instruments law to modern consumer finance transactions, but none
of this literature went on to consider the broader question of
whether there is anything worthwhile left in negotiable instruments
law.
This study traces the history of the law of bills and notes in England from medieval times to the period in the late eighteenth and early nineteenth centuries when bills played a central role in the domestic and international financial system. It challenges the traditional theory that English commercial law developed by incorporation of the concept of negotiability and other rules from an ancient body of customary law known as the law merchant. Rogers shows that the law of bills was developed within the common law system itself, in response to changing economic and business practices. This account draws on economic and business history to explain how bills were actually used and to examine the relationship between the law of bills and economic and social controversies.
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