By Stuart Banner
This booklet examines the rules of the earliest securities markets in England and the U.S., from their origins within the 1690s during the 1850s. Professor Banner argues that in the reign of Queen Anne a posh and reasonably powerful physique of regulatory keep watch over was once already extant, reflecting frequent Anglo-American attitudes towards securities hypothesis. He makes use of conventional criminal fabrics in addition to a wide variety of nonlegal assets to teach that securities rules has a miles longer ancestry than is frequently meant.
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Extra resources for Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860
Davies, "Joint-Stock Investment in the Later Seventeenth Century," Economic History Review 4 (1952): 294; b u t see George Cawston and A. H . Keane, The Early Chartered Companies (London: E. Arnold, 1896), 1 2 - 1 3 . All Corporations, and Particular Persons, that are willing to become Adventurers to East-India . . , 1657). Cecil T. D. 1530-1707 (London: B. Quaritch, 1913) (Publications of the Selden Society, vol. 28), 180. Larry Neal, The Rise of Financial Capitalism: International Capital Markets in the Age of Reason (Cambridge: Cambridge University Press, 1990), 46.
Neither A nor B ever needs to own any shares to participate in this sort of transaction. Neither even needs to be wealthy enough to buy any shares, because the most either could lose from the transaction is the difference in share prices between the two dates. "77 With these new kinds of transactions came expanded methods of deceit, new opportunities for profiting at the expense of others. The initial sale of stock in a new company, which as yet had no earnings to distribute, provided a means of hoodwinking the gullible with no parallel in other markets.
As with the pamphlets, the claim cannot be "proven" in a strict sense of the word. All one can do is show it to be more probable than any of the alternatives. 12 During the time period covered by this book, like today, the informal norms of the profession limited the judges to resolving the disputes before them by using preexisting rules of law. It was considered improper by nearly all judges and lawyers for judges to state their personal opinions on the issues in controversy, to let personal opinions influence decisions, or explicitly to invent new law.