Principles of Political Economy, Vol. 1Roscher, Wilhelm
History
Principles of Political Economy, Vol. 1
Roscher, Wilhelm
Economics
One of the most efficient means of promoting credit consists in
legislation intended to dry up the source of bad debts, by placing
obstacles in the way of reckless or usurious credits for objects of luxury
or pleasure, to bad customers.(556) But the application of these laws
should be clear and simple as to their matter, and require no inquiries,
relating to the person, impracticable for a business man to make.(557)
Thus, for instance, a short period of limitation established by statute in
the matter of advances made for ordinary money-claims is a beneficial
restraint, as well on the creditor as on the debtor, since it prevents the
accumulation of a multitude of small debts which almost imperceptibly but
at the same time irresistibly overpower the debtor under their
weight.(558) Another efficient means is associations of business men to
circulate lists of bad debtors, and to prosecute their own demands in
common.(559) On the other hand, experience has shown that imprisonment for
debt, as a means of enforcing a creditor’s claim, where the amount of the
debt is very small and such as only very poor debtors are apt to incur, is
of little service. It is even injurious, because a great many sellers
would rely on that means of compelling payment in the future instead of
demanding it immediately, as they should do in the interest both of
themselves and of their customers. As a rule, it is only rich creditors
who can resort to it with success, a class who compel payment through this
means by wringing it from the debtor’s relations more frequently than from
the debtor himself. The working out of debts in correctional institutions
seems, for the same reasons, to fail of its object, since even well
governed institutions scarcely cover their current expenses from the
income derived from this source.(560) The inequitable character of
imprisonment for debt lies in this, that it punishes the unfortunate
debtor as severely as it does the malicious one. It must be clearly
distinguished from the imprisonment recognized by the courts as a
punishment for reckless or fraudulent bankruptcy.(561) We must pass a
judgment similar to that on the imprisonment of the person of the debtor
on the seizure of his wages not yet due, so far, at least, as an amount
absolutely necessary to save himself and family from want, is not
excepted. The prohibition of such seizure, beyond this, would amount to a
declaration that all workmen without capital, even the best, should be
considered unworthy of credit.(562) We may also include in this category
such laws as except from execution the necessary tools of a tradesman,
since to deprive him of them would be to prevent his employing even his
labor to satisfy(563) his creditors’ claims.
Section XCIV.
Letters Of Respite (Specialmoratorien).
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