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Part III The Principle of Nominalism, 12 Nominalism, Legislation, and Public Policy

Charles Proctor, Dr Caroline Kleiner, Dr Florian Mohs

From: Mann on the Legal Aspect of Money (7th Edition)

Charles Proctor

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Subject(s):
Nominalism — Indexation — Monetary union and monetary sovereignty — Monetary sovereignty — Guarantees and security — Mortgage — Dollar
12.01 Chapter 11 considered various means by which the application of the nominalistic principle may be avoided or modified. It has been implicit in that discussion that there was no general consideration which might vitiate any such arrangement. But it is now appropriate to consider the matter explicitly. Is the principle of nominalism such an entrenched part of monetary law that attempts to disregard it should be viewed with suspicion and struck down by the courts? This chapter will consider the possible areas of objection to clauses which seek to avoid the...
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