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.

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.

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.

Andreas Rahmatian presents the first comprehensive study of the legal aspects of Hume’s and Smith’s writings. The Scottish Enlightenment was considerably legal or jurisprudential in its moral and social or political philosophy. Yet until now, David Hume and Adam Smith’s considerable body of legal texts – both with regard to technical (private) law and legal and political philosophy – have been neglected by lawyers and philosophers, political theorists and historians of political thought.By focusing on the legal aspects in relation to the works of Hume and Smith, this book connects Hume’s and Smith’s legal thought with their moral philosophy and shows the relevance of their moral philosophy to their legal writings. It completes the analysis of Hume’s and Smith’s moral philosophy by focusing on what they had to say about law, by comparing and contrasting these two thinkers and putting them into context with Scottish Enlightenment thought generally.Hume and Smith’s different views in relation to the origin of justice, of morality and of other foundational conceptions of the law are compared and contrasted and also considered in relation to other thinkers of the Scottish Enlightenment and beyond.

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 book discusses the ‘theory of dematerialised property’, a constructivist property theory that applies to tangible and intangible property alike. It considers the way in which this theory regards ‘property’ as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems. The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.

Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. Several tensions emerge between the ideas of music as a living art and of the musical work as a basis for copyright protection.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