By Stuart Banner
This publication examines the law of the earliest securities markets in England and the USA, from their origins within the 1690s during the 1850s. Professor Banner argues that in the reign of Queen Anne a posh and reasonably potent physique of regulatory keep watch over used to be already extant, reflecting frequent Anglo-American attitudes towards securities hypothesis. He makes use of conventional felony fabrics in addition to a wide diversity of nonlegal assets to teach that securities legislation has a far longer ancestry than is frequently meant.
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Additional info for Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860
Hughes and James F. , Tudor Royal Proclamations (New Haven: Yale University Press, 1964), I, 526. " This sort of news - tales of "the wicked and unsatiable greediness of sundry bad-disposed persons who, preferring their own private gain above the public good . . 20 Contemporaries shared the view that food speculation was common. 23 Food speculation in sixteenth- and seventeenth-century England was thus widely criticized and widely practiced at the same time. There was not yet a body of economic thought justifying speculation (that would come in the eighteenth century),24 so we have little or no surviving evidence of any contemporary defense of the practice.
C. 8 (1571). P. G . M . Dickson, The Financial Revolution in England (London: Macmillan, 1967), 39. English attitudes toward securities trading 23 Speculation, in whatever form it took, was simultaneously useful and dangerous; it served some valuable functions, but it often caused harm to the vulnerable. Speculation was both productive and wasteful; it satisfied an evident demand, but its practitioners added no value to the community. These tensions, aspects of which still linger today, characterized English legal thought in the centuries leading up to the 1690s, a decade that would see rapid institutional change.
Twygford and Roger Wingate, 1655), 28. 8 Grain speculators, as in one characteristic accusation, intentionally profited from the misfortunes of others, by hoarding food so as to drive up the price: Of corne and vytayle they stuff theyr howses full Therby to ingender nede, and paynfull penury Unto the pore, that they may wyn therby. "10 Even in times of famine, contemporaries charged, speculators "desire to make the famine greater . . "11 Such an unnatural way of making a profit gave rise to some equally unnatural consequences.
Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860 by Stuart Banner