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Money in the Western Legal TraditionMiddle Ages to Bretton Woods$
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David Fox and Wolfgang Ernst

Print publication date: 2016

Print ISBN-13: 9780198704744

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198704744.001.0001

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The Legists’ Doctrines on Money and the Law from the Eleventh to the Fifteenth Centuries

The Legists’ Doctrines on Money and the Law from the Eleventh to the Fifteenth Centuries

Chapter:
(p.110) 7 The Legists’ Doctrines on Money and the Law from the Eleventh to the Fifteenth Centuries
Source:
Money in the Western Legal Tradition
Author(s):

Wolfgang Ernst

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198704744.003.0007

This chapter follows the concept of money which emerged as medieval legal scholars, the so-called glossators and post-glossators, explored and explained the (secular) Roman law texts preserved in Justinian’s Digest and Code. These texts mostly originated from the sound nominalist monetary environment of the second and early third centuries. They did not address the pressing legal issues caused by the late medieval monetary chaos. Disputes now arose due to the diversity of coins, minted by countless cities and principalities, their recurring debasement, and bimetallism in general. Scholastic creativity came up with new rules, painstakingly extracted from or read into Roman law texts, supplying a monetary law by and large adapted to the needs of the time. Parallel to the prevailing metallistic approach, every now and then proto-nominalist theories were advanced.

Keywords:   money, glossators, Roman monetary laws, Digesta, Codex, legal aspect of money, glosses, Accursius, Glossa Ordinaria, lex origo emendi

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