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The Payment Order of Antiquity and the Middle Ages


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Table of Contents

1. Money, Payment in Money, and the Order to Pay Money 2. Money and Monetary Legal Theory in Antiquity and the Middle Ages 3. Funds Transfers in Antiquity: Instruments, Institutions and Mechanisms 4. Deriving History from Law: Are Cheques Traceable to the Talmud? 5. The Payment Order under Roman Law 6. The Medieval Hawale: The Legal Nature of the Suftaj and Other Islamic Payment Instruments 7. Funds Transfers under Talmudic Law: Orthodoxy and Adaptation 8. Payment Orders in Medieval Continental Europe: Book Transfers and Bills of Exchange 9. Payment Orders under English Common Law: The Bailment of Money and the 'Reception' of the Bill of Exchange 10. Evolution and Transformation: The Birth of the Modern Payment System in Post-Medieval England 11. Turning the Wheels of Post-Medieval Change: Paper Circulation and Negotiability under English Law 12. Staying on Course: The Footprint of Ancient and Medieval Doctrine and Practice on Modern Payment Laws Epilogue: From Barter to Electronic Funds Transfers and the Role of Law

About the Author

Benjamin Geva, LL. B. Heb. Univ., Jerusalem, LL. M.; SJD, Harvard, is Professor of Law, Osgoode Hall Law School York University, Canada.


...by publishing The Payment Order of Antiquity and the Middle Ages: A History, Professor Geva amply demonstrates the depth and breadth of his learning in this area as the foundation for his scholarship on current and likely future issues in payments law. All banking lawyers should be delighted that he has produced this volume, so that they, too, may benefit from his lifelong devotion to the study of that law. 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. -- M. H. Ogilvie * Banking and Finance Law Review, Volume 28 *
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. -- Alan L Tyree * Journal of Banking and Finance Law and Practice 23 *
In every way this is a big book. It is lengthy (more than 700 pages), its coverage is vast and it advances some very important ideas about the transmission, rebirth and adaptation of legal ideas and institutions across time and cultures. While the focus is payment, the implications of the analysis exited well beyond that into other areas of legal and commercial history. The students of legal transplants would benefit from the banking story it tells. It is a work of mature and impressive scholarship. For years to come, the book will be used as a launching pad for further analysis. No other person could have brought it off; it is in every sense a tour de force. -- Ross Cranston * Canadian Business Law Journal, Volume 53 *

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