Derivatives

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Derivatives are an undeniably important part of today¿s financial markets. There is significant debate about their effects on the economy with overwhelming uncertainty regarding appropriate legal responses. This book argues that centuries-old restrictions on speculative derivatives developed in Irwin v Williar are not justifiable. Moral interpretations from the time show little understanding of these financial instruments. An analysis based on neoclassical economics reveals US common law¿s hostile stance against speculative derivatives to make the economy highly inefficient. This study will point out that speculative derivatives ensure the stability of competitive equilibrium through market completion, price discovery, and price stabilisation. US common law¿s insistence upon delivery of the underlying product to settle the derivatives contract should be abolished. It will be proposed that incentives for efficient replicating portfolio management à la Black-Scholes should be created.

Maximilian Dyck is a doctoral candidate at the University of Manchester School of Law. His research focuses on asset securitisation, financial regulation, financial markets, securities regulation, law and economics, and commercial law. He has developed significant theoretical expertise and a keen interest in practitioners' work in these fields.