Andreas Rahmatian – författare

Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit – if viewed from the creditor’s perspective – or, from the debtor’s viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed.

Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit – if viewed from the creditor’s perspective – or, from the debtor’s viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed.

Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

The Scottish jurist, judge, legal historian and philosopher Henry Home (1696–1782) took the title Lord Kames when he was elevated to the bench of the Scottish Court of Session in 1752. In the 18th century, his books were influential and widely read; the educated classes and representatives of the Enlightenment in England, France and in the German states were all familiar with his aesthetic and philosophical writings. Andreas Rahmatian explains Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as opposed to ‘law’.From the APF:Portmahomack today is a serene fishing village on the Dornoch Firth, north east Scotland where archaeological excavations have written a new history of the origins of Scotland. This book brings alive the expedition and its discoveries, most famously a monastery of the eighth century in the land of the Picts.Starting from chance finds of Pictish carved stone in St Colman’s churchyard, the archaeologists unearthed four settlements one on top of the other. An elite farm was succeeded by the Pictish monastery, which, following a Viking raid in AD800, became a trading place and then a medieval village. Scientific analysis shows at each stage where the people came from, their life-style and what they ate. Together it creates a story of the heroic adaptation of a European nation to new politics between the sixth and sixteenth century.The Picts were the outstanding sculptors of their day, producing carved stone monuments equal to anything being made in contemporary Europe. They were Britons, who resisted the Romans invaders and created their own warrior nation in the north east of the island. Coming under pressure from the Scots and the Norse, they disappeared from history in the ninth century AD. Now archaeology is finding them again.

The Scottish jurist, judge, legal historian and philosopher Henry Home (1696–1782) took the title Lord Kames when he was elevated to the bench of the Scottish Court of Session in 1752. In the 18th century, his books were influential and widely read; the educated classes and representatives of the Enlightenment in England, France and in the German states were all familiar with his aesthetic and philosophical writings. Andreas Rahmatian explains Kames’ conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment. He looks at how Kames came to be one of the forefathers of comparative law, sociology of law, legal psychology and ‘legal science’ in its proper meaning, as opposed to ‘law’.From the APF:Portmahomack today is a serene fishing village on the Dornoch Firth, north east Scotland where archaeological excavations have written a new history of the origins of Scotland. This book brings alive the expedition and its discoveries, most famously a monastery of the eighth century in the land of the Picts.Starting from chance finds of Pictish carved stone in St Colman’s churchyard, the archaeologists unearthed four settlements one on top of the other. An elite farm was succeeded by the Pictish monastery, which, following a Viking raid in AD800, became a trading place and then a medieval village. Scientific analysis shows at each stage where the people came from, their life-style and what they ate. Together it creates a story of the heroic adaptation of a European nation to new politics between the sixth and sixteenth century.The Picts were the outstanding sculptors of their day, producing carved stone monuments equal to anything being made in contemporary Europe. They were Britons, who resisted the Romans invaders and created their own warrior nation in the north east of the island. Coming under pressure from the Scots and the Norse, they disappeared from history in the ninth century AD. Now archaeology is finding them again.

This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The latter part of the book deals with the ''propertisation/commodification'' of human authors themselves through their works as alienable objects of property, the well-known ''Romantic author'' critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process.

This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organizations concerned with law reform, European institutions, and international organizations will also find much to interest them in this book.

Contents: Preface; 1. Copyright as Property; 2. Copyright-Property and the Public Domain:Explanations and Justifications; 3. The Limitations to the Powers of Copyright Ownership; 4. The Attribution and Allocation of Copyright-Property: Authorship, Creativity and Ownership; 5. The Effects of Copyright-Property I: The Problem of Alienation; 6. The Effects of Copyright-Property II: Neo-Feudal and Neo-Colonial Features of International Copyright Protection; Conclusions; Index

The expert contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the disciplinary perspectives of music, musicology and copyright law. The book also examines the role of the Musicians'' Union in the evolution of performers'' rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube.

This unique study offers an interdisciplinary perspective for academics, policymakers and legal practitioners seeking a state-of-the-art understanding of music and copyright law.

Contributors: J. Butt, M. Parker Dixon, A. Firth, P.J. Heald, B. Heile, A. Rahmatian, C. Waelde, J. Williamson

The judge, jurist and philosopher Henry Home, Lord Kames (1696-1782) was a polymath and one of the principal personalities of the Scottish Enlightenment. As a teacher and mentor of Adam Smith, Thomas Reid, and David Hume to some extent, he published works on law and legal history, moral philosophy, aesthetics and rhetoric, anthropology and sociology of law, and on the economic and agricultural improvement of Scotland. He saw these disciplines as elements of a philosophical history of man that developed in certain stages, and he considered law as part of all these subjects. Kames was a widely read author in the eighteenth century, and some of his works were translated into French and German at the time. His influence on German men of letters and on some of the Founders of the United States was considerable. This anthology contains characteristic passages from Kames's works, particularly from his Sketches of the History of Man (1774), a comprehensive synoptic work which presents Kames’s idea of the progress of man, of society, and of the sciences, from the Essays on the Principles of Morality and Natural Religion (1751), a critique of Hume and an important work of Scottish Common Sense philosophy, from the Elements of Criticism (1762) on aesthetics, rhetoric and literary criticism, and from the Principles of Equity (1760) and the Historical Law-Tracts (1758) as his main works on law and legal history.