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Administering Systemic Risk vs. Administering Justice: What Can We Do Now that We Have Agreed to Pay Differences?

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  • Pradier Pierre-Charles M.

    (SAMM, Université Paris 1 Panthéon-Sorbonne)

Abstract

Professor Stout's brilliant concept of disagreement-based speculation calls for further developments and studies concerning implications for stability and resilience of the financial system over time. Moreover, it also suggests rediscovering and situating the socio-economic function of finance (and financing) in the economy and society. To complement this approach, we recall the European acceptance of "paying differences" since late nineteenth century. Derivative assets were traded in Europe, but the underlying assets (stocks and bonds) on which derivatives are built were authorized beforehand. Marteau and Morand (2010) recently appealed for reintroducing an a priori authorization procedure before new derivative assets can be marketed: this view thus inherits a century-long tradition. Eventually, it seems that a priori authorization allows for administration of systemic risk while common law-inherited rejection of disagreement-based speculation is a strong foundation for both supervisory and legal (a posteriori) decisions.

Suggested Citation

  • Pradier Pierre-Charles M., 2011. "Administering Systemic Risk vs. Administering Justice: What Can We Do Now that We Have Agreed to Pay Differences?," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 1(1), pages 1-6, January.
    • Handle: RePEc:bpj:aelcon:v:1:y:2011:i:1:n:10
    DOI: 10.2202/2152-2820.1015
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    References listed on IDEAS

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    1. Gunther Capelle-Blancard, 2009. "Les marchés dérivés sont-ils dangereux ?," Revue économique, Presses de Sciences-Po, vol. 60(1), pages 157-171.
    2. René M. Stulz, 2004. "Should We Fear Derivatives?," Journal of Economic Perspectives, American Economic Association, vol. 18(3), pages 173-192, Summer.
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    Cited by:

    1. Stout Lynn A., 2012. "New Thinking on "Shareholder Primacy"," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 2(2), pages 1-24, June.
    2. Stout, Lynn & Library, Cornell, 2018. "New Thinking on "Shareholder Primacy"," LawArXiv fn2gu, Center for Open Science.
    3. Biondi Yuri, 2016. "Empowering Market-Based Finance: A Note on Bank Bailouts in the Aftermath of the North Atlantic Financial Crisis of 2007," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 6(1), pages 79-84, March.
    4. Keren Naa Abeka Arthur, 2017. "Financial innovation and its governance: Cases of two major innovations in the financial sector," Financial Innovation, Springer;Southwestern University of Finance and Economics, vol. 3(1), pages 1-12, December.

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