Dueling was a common practice in the U.S. South from the seventeenth century until the end of the American Civil War in 1865. Although the duel largely disappeared in the early nineteenth century in the North, it remained a common practice in the South (as well as the West) until the battlefield experience of the American Civil War changed public opinion and resulted in an irreversible decline for dueling. [1] The markets and governance of the South were not as institutionalized during the nineteenth century compared to the North. Thus, duels presented what seemed like a quicker way of settling disputes outside of the courts. Although many duels were fought to settle disputes over tangible items such as land, unpaid debts, money, or women, more were over intangible ones.
The act of dueling was often condemned by public figures throughout early U.S. history and seen as unnecessarily violent and instigated by trivial matters. For example, to pinch someone's nose was an insult grave enough to challenge to a duel for it symbolized the unmasking of a liar. Contrary to the perception that the act of dueling occurred at the “drop of a hat,” there were real economic forces that drove one to challenge another or accept a duel. However, the concept of “defending one’s honor” was not quite as abstract and idealistic as often imagined – losing “honor” often had pecuniary disadvantages that made defending one's honor a somewhat rational decision, even at risk of being physically harmed or even killed. Dueling to protect one's credit or honor was partly a response to the underdeveloped credit markets of this region and time period.
In the U.S. South, whose economy was mostly agricultural (including plantations) and production cycles were longer-term than those of their manufacturing-oriented Northern counterparts, planters were often highly leveraged and heavily dependent on personal credit to carry them through to the harvesting and sale of their crops. The assets of plantation owners were largely illiquid, their estates holding value in the form of real estate and slaves. Thus, preserving personal credit was highly important to the livelihoods of planters.
Given that Southern credit markets were rather opaque until the early 20th century -– lenders could not readily view an applicant's financial statement—having a reputation as “honorable” was almost essential to obtaining approval for loans. In addition, transaction costs were very high during this period; therefore, perceived personal integrity or character was important to being viewed as likely to honor one's contracts and debts. Thus, the word honor was nearly culturally synonymous with creditworthiness. The long-term economic penalties for having one's reputation ruined included limited access to capital and diminished political influence.
Lending institutions did not punish debtors for participating in duels. A planter might risk a devaluation of his assets as a result of turning down a duel - with the loss of his honor - which would harm the lender as well. In the case that a debtor accepted a duel challenge and lost, the lender could expect an honorable man to honor his debts posthumously by paying back the owed amount with interest as his estate was liquidated.
According to a 2020 study, dueling behavior in the United States declined as state capacity (measured by the density of post offices) increased. [2]
Dueling in the U.S. virtually disappeared by the start of the twentieth century with the rise of modern banking institutions and commercialized lending in the South, which were characterized by greater transparency and lower transaction costs. The larger, commercialized financial institutions that slowly took market share in the South took a quicker, more impersonal approach to screening that placed less importance on personal character.
The Southern culture of honor is often tied to the relative persistence of dueling in the South, a cultural phenomenon in which special caution is taken to not offend others and misconduct is not taken lightly (dealt with swift and firm retribution). A high premium is placed on toughness in this culture of honor, because one is expected to defend one's resources and deter predators.[ citation needed ]
In a relatively recent study on Southern attitudes toward violence (Nisbett & Cohen, 1996)., it was shown that employers in the South were more likely to be sympathetic than employers in the North towards a fictional applicant who explained in a letter with his job application that he had been charged with manslaughter for responding to an insult, accepting a challenge to a fight, and accidentally killing his challenger.
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
A code duello is a set of rules for a one-on-one combat, or duel. Codes duello regulate dueling and thus help prevent vendettas between families and other social factions. They ensure that non-violent means of reaching agreement are exhausted and that harm is reduced, both by limiting the terms of engagement and by providing medical care. Finally, they ensure that the proceedings have a number of witnesses. The witnesses could assure grieving members of factions of the fairness of the duel, and could help provide testimony if legal authorities become involved.
Debt is an obligation that requires one party, the debtor, to pay money borrowed or otherwise withheld from another party, the creditor. Debt may be owed by sovereign state or country, local government, company, or an individual. Commercial debt is generally subject to contractual terms regarding the amount and timing of repayments of principal and interest. Loans, bonds, notes, and mortgages are all types of debt. In financial accounting, debt is a type of financial transaction, as distinct from equity.
Factoring is a financial transaction and a type of debtor finance in which a business sells its accounts receivable to a third party at a discount. A business will sometimes factor its receivable assets to meet its present and immediate cash needs. Forfaiting is a factoring arrangement used in international trade finance by exporters who wish to sell their receivables to a forfaiter. Factoring is commonly referred to as accounts receivable factoring, invoice factoring, and sometimes accounts receivable financing. Accounts receivable financing is a term more accurately used to describe a form of asset based lending against accounts receivable. The Commercial Finance Association is the leading trade association of the asset-based lending and factoring industries.
A transaction account, also called a checking account, chequing account, current account, demand deposit account, or share account at credit unions, is a deposit account or bank account held at a bank or other financial institution. It is available to the account owner "on demand" and is available for frequent and immediate access by the account owner or to others as the account owner may direct. Access may be in a variety of ways, such as cash withdrawals, use of debit cards, cheques and electronic transfer. In economic terms, the funds held in a transaction account are regarded as liquid funds. In accounting terms, they are considered as cash.
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
A loan shark is a person who offers loans at extremely high or illegal interest rates, has strict terms of collection, and generally operates outside the law, often using the threat of violence or other illegal, aggressive, and extortionate actions when seeking to enforce the satisfaction of the debt. As a consistent or repeated illegal business operation or "racket", loansharking is generally associated with organized crime and certain criminal organizations.
Predatory lending refers to unethical practices conducted by lending organizations during a loan origination process that are unfair, deceptive, or fraudulent. While there are no internationally agreed legal definitions for predatory lending, a 2006 audit report from the office of inspector general of the US Federal Deposit Insurance Corporation (FDIC) broadly defines predatory lending as "imposing unfair and abusive loan terms on borrowers", though "unfair" and "abusive" were not specifically defined. Though there are laws against some of the specific practices commonly identified as predatory, various federal agencies use the phrase as a catch-all term for many specific illegal activities in the loan industry. Predatory lending should not be confused with predatory mortgage servicing which is mortgage practices described by critics as unfair, deceptive, or fraudulent practices during the loan or mortgage servicing process, post loan origination.
In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
In finance, unsecured debt refers to any type of debt or general obligation that is not protected by a guarantor, or collateralized by a lien on specific assets of the borrower in the case of a bankruptcy or liquidation or failure to meet the terms for repayment. Unsecured debts are sometimes called signature debt or personal loans. These differ from secured debt such as a mortgage, which is backed by a piece of real estate.
A credit history is a record of a borrower's responsible repayment of debts. A credit report is a record of the borrower's credit history from a number of sources, including banks, credit card companies, collection agencies, and governments. A borrower's credit score is the result of a mathematical algorithm applied to a credit report and other sources of information to predict future delinquency.
Debt collection or cash collection is the process of pursuing payments of money or other agreed-upon value owed to a creditor. The debtors may be individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed. Historically, debtors could face debt slavery, debtor's prison, or coercive collection methods. In the 21st century in many countries, legislation regulates debt collectors, and limits harassment and practices deemed unfair.
A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit bureaus.
A secured loan is a loan in which the borrower pledges some asset as collateral for the loan, which then becomes a secured debt owed to the creditor who gives the loan. The debt is thus secured against the collateral, and if the borrower defaults, the creditor takes possession of the asset used as collateral and may sell it to regain some or all of the amount originally loaned to the borrower. An example is the foreclosure of a home. From the creditor's perspective, that is a category of debt in which a lender has been granted a portion of the bundle of rights to specified property. If the sale of the collateral does not raise enough money to pay off the debt, the creditor can often obtain a deficiency judgment against the borrower for the remaining amount.
A mortgage loan or simply mortgage, in civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is "secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word mortgage is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form of a collateral for a benefit (loan)".
Mortgage discrimination or mortgage lending discrimination is the practice of banks, governments or other lending institutions denying loans to one or more groups of people primarily on the basis of race, ethnic origin, sex or religion.
A sovereign default is the failure or refusal of the government of a sovereign state to pay back its debt in full when due. Cessation of due payments may either be accompanied by that government's formal declaration that it will not pay its debts (repudiation), or it may be unannounced. A credit rating agency will take into account in its gradings capital, interest, extraneous and procedural defaults, and failures to abide by the terms of bonds or other debt instruments.
A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets.
Financial law is the law and regulation of the commercial banking, capital markets, insurance, derivatives and investment management sectors. Understanding financial law is crucial to appreciating the creation and formation of banking and financial regulation, as well as the legal framework for finance generally. Financial law forms a substantial portion of commercial law, and notably a substantial proportion of the global economy, and legal billables are dependent on sound and clear legal policy pertaining to financial transactions. Therefore financial law as the law for financial industries involves public and private law matters. Understanding the legal implications of transactions and structures such as an indemnity, or overdraft is crucial to appreciating their effect in financial transactions. This is the core of financial law. Thus, financial law draws a narrower distinction than commercial or corporate law by focusing primarily on financial transactions, the financial market, and its participants; for example, the sale of goods may be part of commercial law but is not financial law. Financial law may be understood as being formed of three overarching methods, or pillars of law formation and categorised into five transaction silos which form the various financial positions prevalent in finance.
The Real Estate Bank of Arkansas was a bank in Arkansas during the 1830s through 1850s. Formed in 1836, the bank had a troubled history with accusations of waste and favoritism, as well as violations of the bank's legal charter. The bank suspended specie payments in 1839 to allow it to lend out more money. Paper money issued by the bank lost value, and the bank entered trusteeship in 1842. An act of the Arkansas legislature approved of the transfer to the trustees in 1843, but the trustees did not forward information to the state and personally benefited from the arrangement. In 1853, the Arkansas legislature passed a bill to have the Arkansas Attorney General take the bank to chancery court, but the filing could not be made until 1854 because of lack of cooperation from the trustees. April 1855 saw the bank's assets transferred from the trustees to the state, and in 1856 the first full public accounting of the bank's finances was made. The bonds related to the bank were not fully extinguished until 1894, and a portion of them, known as the Holford Bonds, proved particularly problematic.