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usury

 
('zhə-rē) pronunciation
n., pl., -ries.
  1. The practice of lending money and charging the borrower interest, especially at an exorbitant or illegally high rate.
  2. An excessive or illegally high rate of interest charged on borrowed money.
  3. Archaic. Interest charged or paid on a loan.

[Middle English, from Medieval Latin ūsūria, alteration of Latin ūsūra, from ūsus, use. See usual.]


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In law, the crime of charging an unlawfully high rate of interest. In Old English law, the taking of any compensation whatsoever was termed usury. With the expansion of trade in the 13th century, the demand for credit increased, necessitating a modification in the definition of the term. In 1545 England fixed a legal maximum interest, a practice later followed by other Western nations.

For more information on usury, visit Britannica.com.

Charging loan interest higher than the rates allowed by law. Interest rates in consumer credit contracts are controlled by state law, and the highest permitted rate is called the usury rate or the usury ceiling. Since the early 1980s, many state legislatures relaxed statutory controls on consumer credit because rather than protecting consumers from unscrupulous lenders, such controls often make it more difficult for consumers to obtain credit. To alleviate this, and to keep banks from moving their credit card operations to states with more liberal statutes, lawmakers revised state statutes to allow interest rates to be set by market competition, rather than specified by laws. Several states have abolished usury ceilings; most states have raised the interest ceilings to encourage more rate competition among financial institutions, and most of these laws have a Sunset Clause calling for periodic review every three to five years. Some states, including New York, Delaware, and South Dakota have no limits on consumer credit. New York does, however, have a criminal usury ceiling of 25%, a maximum rate of interest that lenders may charge on consumer credit.

State usury laws generally are enforceable only through civil suits filed by debtors claiming excessive interest charges. Most state laws have stiff penalties for illegal interest, ranging from forfeiture of interest owed on the entire loan balance, or forfeiture of both principal and interest. Commercial credit in most states is exempt from usury statutes; agricultural credit is unregulated, though not exempt from state interest rate controls.

Charging a rate of interest greater than that permitted by state law. In most states, usury limits vary according to the type of lender and type of loan. Federal laws have been passed to preempt certain usury limits under certain conditions.


Example: The interest rate that must comply with usury limitation is defined differently in the various states. The stated maximum rate may apply to the face interest rate, effective rate to the borrower, or the actual yield to the lender. If a loan is found to be usurious, severe penalties may be imposed, including loss of the principal , interest, a multiple of the interest, and/or damages.

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In the obsolete sense, any interest on a loan. The Pentateuch (Ex. 22:24) stresses that no interest may be exacted on a loan to "the poor of your people." This is extended (Lev. 25:35-37) to the prohibition of usury on a loan given to the resident alien and a loan of food. A further passage (Deut. 23:20-1), however, permits the taking of interest from a non-Israelite.

The law can be explained in terms of an agrarian society in which a loan was aimed to tide a farmer over until his next crop and is regarded as an act of kindness. The non-Israelite envisaged in the last passage is probably the itinerant merchant who used the loan for commercial purposes.

Scripture uses two terms for interest, neshekh, literally "bite," and tarbit, i.e., "increase." Scholars tried to determine whether there is a difference between the two. According to the Talmud, there is no difference, and the use of two terms is meant to teach that a person who takes interest violates two negative commandments. The Wisdom books of the Bible warn against the moral offense of taking interest. The Prophets (e.g., Ezek. 22:12) bracket it with such offenses as taking a bribe and spilling blood.

The Talmud gives the biblical law a wide application. Accordingly, not only he who exacts interest is guilty of violating the law but so are the scribe who wrote the note of indebtedness and the witnesses who affixed their signatures to it. Moreover, the Talmud develops a whole category of acts which it calls avak ribbit ("the dust of interest") which are forbidden. This category includes acts by which the creditor may benefit in any way from his loan.

The development of commerce in the talmudic age made these laws particularly onerous, so that various legal means were devised in order to circumvent them. One of these was the arrangement whereby the lender becomes a partner in the borrower's business, shares in its profits, and is guaranteed against loss. In the Middle Ages, this device was known as a hetter iskah (lit. "business permit"). Under this arrangement, the borrower receives a nominal sum for his services.


This entry contains information applicable to United States law only.

The crime of charging higher interest on a loan than the law permits.

State laws set the maximum amount of interest that can be charged for a loan of money. A lender that charges higher than the maximum amount of interest is guilty of the crime of usury. In addition, courts may modify contracts that contain usurious rates of interest by reducing the interest to the legal maximum.

The charging of excessive interest in exchange for a monetary loan has been considered reprehensible from the earliest times. Chinese and Hindu law prohibited it, while the Athenians scorned persons who charged more than a moderate rate of interest for a loan. The Romans at one time abolished the practice of charging interest. Although they later revived it, the rates were strictly regulated.

During the Middle Ages in western Europe, the Catholic Church censured usurers, and when they died, the Crown confiscated their lands and property. In England, until the thirteenth century charging any interest was defined as usury. As commerce and trade increased, however, the demand for credit grew, and usury was redefined to mean exorbitant interest rates. In 1545 the English Parliament set a legal maximum interest rate. Charging higher interest constituted usury.

The United States followed the English practice, as states passed laws that set maximum legal interest rates. Rate restrictions vary from state to state, and different limits are set for different kinds of loans. For example, higher interest rates are usually allowed on consumer loans than on home mortgages. Some states do not restrict the interest rates that corporations can be charged under the assumption that corporations have sufficient bargaining power and business sense to negotiate a fair rate independently.

Restrictions on legal interest rates apply to banks, consumer loan companies, and other businesses that extend credit. Loan agreements between private individuals are also governed by state usury laws. For example, if a person agrees to lend a friend $5,000, the interest rate cannot exceed the maximum set by the state usury statute. Persons who charge excess interest and then threaten extortion are known as loan sharks. They may be prosecuted for usury and, if convicted, fined and possibly imprisoned. The persons who typically borrow from a loan shark are those who cannot qualify for a loan from a commercial lender. Organized crime has traditionally relied on loan sharking as a source of income.

The penalty for usury is ordinarily a fine, forfeiture of the interest, or both. In some cases involving consumer credit, courts may modify usurious contracts and allow the borrower to pay only the principal sum and legal interest. Courts have often concluded, for example, that the high interest rates charged by "rent-to-own" businesses for the rental of consumer goods, such as furniture and televisions, are usurious and force the consumer to pay an exorbitant price for the goods.

The Uniform Consumer Credit Code (UCCC) was drafted to address many of these consumer credit problems. Though only nine states have adopted the code in its entirety, most states have included selected provisions from it in their consumer credit laws. The UCCC is designed to provide protection to consumers who buy goods and services on credit. It attempts to simplify, clarify, and update legislation governing consumer credit and usury. The UCCC also sets interest rate ceilings to ensure that consumers are not overcharged for credit. The UCCC works in concert with the federal Consumer Credit Protection Act of 1968 (16 U.S.C.A. § 1601 et seq.), which mandates that consumers purchasing on credit be provided with full disclosure on the cost of the loan.

See: consumer protection.

(yooh-zhuh-ree)

The practice of charging more than the legal interest rate.

The act of lending money at an interest rate higher than that permitted by law.

Investopedia Says:
This is an illegal practice. Different regions have prescribed interest rates that cannot be exceeded.

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usury

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IN BRIEF: The charging of too much interest when lending money.

pronunciation Usury is against the law because it is unfair to those who really need to borrow money.

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Of Usury, from Brant's Stultifera Navis (the Ship of Fools); woodcut attributed to Albrecht Dürer

Usury (play /ˈjuːʒəri/[1] is the practice of charging excessive, unreasonably high, and often illegal interest rates on loans.[2][3]

Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate (as well as charging a fee for the use of money, such as at a bureau de change). In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law. The term is largely derived from Christian religious principles; Riba is the corresponding Arabic term and ribbit is the Hebrew word.

The pivotal change in the English-speaking world seems to have come with the permission to charge interest on lent money[4]: particularly the 1545 act "An Acte Agaynst Usurie" (37 H.viii 9) of King Henry VIII of England (see book references).

Contents

Historical meaning

Banking during Roman times was different from modern banking. During the Principate, most banking activities were conducted by private individuals, not by such large banking firms as exist today; almost all moneylenders in the Empire were private individuals because anybody that had any additional capital and wished to lend it out could easily do so.[5]

The rate of interest on loans varied in the range of 4–12 percent; but when the interest rate was higher, it typically was not 15–16 percent but either 24 percent or 48 percent. The apparent absence of intermediary rates suggests that the Romans may have had difficulty calculating the interest due on anything other than mathematically convenient rates. They quoted them on a monthly basis, as in the loan described here, and the most common rates were multiples of twelve. Monthly rates tended to range from simple fractions to 3–4 percent, perhaps because lenders used Roman numerals.[6]

Moneylending during this period was largely a matter of private loans advanced to persons short of cash, whether persistently in debt or temporarily until the next harvest. Mostly, it was undertaken by exceedingly rich men who were prepared to take on a high risk if the profit looked good; interest rates were fixed privately and were almost entirely unrestricted by law. Investment was always regarded as a matter of seeking personal profit, often on a large scale. Banking was of the small, back-street variety, run by the urban lower-middle class of petty shop-keepers. By the 3rd century, acute currency problems in the Empire drove them into decline.[7] The rich who were in a position to take advantage of the situation became the money-lenders when the ever-increasing tax demands in the last declining days of the Empire crippled and eventually destroyed the peasant class by reducing tenant-farmers to serfdom. It was evident that usury meant exploitation of the poor.[8]

The First Council of Nicaea, in 325, forbade clergy from engaging in usury[9] (canon 17). At the time, usury was interest of any kind, and the canon merely forbade the clergy to lend money on interest above 1 percent per month (12.7% APR). Later ecumenical councils applied this regulation to the laity.[9][10]

Lateran III decreed that persons who accepted interest on loans could receive neither the sacraments nor Christian burial.[11] Pope Clement V made the belief in the right to usury a heresy in 1311, and abolished all secular legislation which allowed it.[12] Pope Sixtus V condemned the practice of charging interest as "detestable to God and man, damned by the sacred canons and contrary to Christian charity."[12]

Theological historian John Noonan argues that "the doctrine [of usury] was enunciated by popes, expressed by three ecumenical councils, proclaimed by bishops, and taught unanimously by theologians."[10]

Certain negative historical renditions of usury carry with them social connotations of perceived "unjust" or "discriminatory" lending practices. The historian Paul Johnson, comments:

Most early religious systems in the ancient Near East, and the secular codes arising from them, did not forbid usury. These societies regarded inanimate matter as alive, like plants, animals and people, and capable of reproducing itself. Hence if you lent 'food money', or monetary tokens of any kind, it was legitimate to charge interest.[13] Food money in the shape of olives, dates, seeds or animals was lent out as early as c. 5000 BC, if not earlier. ...Among the Mesopotamians, Hittites, Phoenicians and Egyptians, interest was legal and often fixed by the state. But the Hebrew took a different view of the matter.[14]

The Hebrew Bible regulates interest taking. Interest can be charged to strangers but not between Hebrew.

Deuteronomy 23:19 Thou shalt not lend upon interest to thy brother: interest of money, interest of victuals, interest of any thing that is lent upon interest. Deuteronomy 23:20 Unto a foreigner thou mayest lend upon interest; but unto thy brother thou shalt not lend upon interest; that the LORD thy God may bless thee in all that thou puttest thy hand unto, in the land whither thou goest in to possess it.[15]

Israelites were forbidden to charge interest on loans made to other Israelites, but allowed to charge interest on transactions with non-Israelites, as the latter were often amongst the Israelites for the purpose of business anyway, but in general, it was seen as advantageous to avoid getting into debt at all to avoid being bound to someone else. Debt was to be avoided and not used to finance consumption, but only when in need. However, the laws against usury were among the many which the prophets condemn the people for breaking.[16]

Johnson contends that the Torah treats lending as philanthropy in a poor community whose aim was collective survival, but which is not obliged to be charitable towards outsiders.

A great deal of Jewish legal scholarship in the Dark and the Middle Ages was devoted to making business dealings fair, honest and efficient.[17]

Usury (in the original sense of any interest) was at times denounced by a number of religious leaders and philosophers in the ancient world, including Plato, Aristotle, Cato, Cicero, Seneca,[18] Aquinas,[19] Muhammad,[20] Moses[21], Philo[citation needed] and Gautama Buddha[citation needed].[22]

For example, Cato in his De Re Rustica said:

"And what do you think of usury?" — "What do you think of murder?"

But one must always consider that usury, in historical context, has always been inextricably linked to economic abuses, mostly of the masses and of the poor; but sometimes of the financier and royalty, as bankrupt royalty has led to many a demise, thus frowning upon lending at interest or for a euphemistic "just profit"[clarification needed]. The main moral argument is that usury creates excessive profit and gain without "labor" which is deemed "work" in the Biblical context. Profits from usury are argued not to arise from any substantial labor or work but from mere avarice, greed, trickery and manipulation. In addition, usury is said to create a divide between people due to obsession with monetary gain. Most importantly, usury is the derivation of profit from biological time, which is linked to life, considered sacred, God-given and divine, leading to excessive worrying about money instead of God, thus subjugating a God-given sanctity of life to man-made artificial notions of material wealth.

Interest of any kind is forbidden in Islam. As such, specialized codes of banking have developed to cater to investors wishing to obey Qur'anic law. (See Islamic banking)

As the Jews were ostracized from most professions by local rulers, the church and the guilds, they were pushed into marginal occupations considered socially inferior, such as tax and rent collecting and moneylending. Natural tensions between creditors and debtors were added to social, political, religious, and economic strains.[23]

...financial oppression of Jews tended to occur in areas where they were most disliked, and if Jews reacted by concentrating on moneylending to non-Jews, the unpopularity — and so, of course, the pressure — would increase. Thus the Jews became an element in a vicious circle. The Christians, on the basis of the Biblical rulings, condemned interest-taking absolutely, and from 1179 those who practiced it were excommunicated. Catholic autocrats frequently imposed the harshest financial burdens on the Jews. The Jews reacted by engaging in the one business where Christian laws actually discriminated in their favor, and became identified with the hated trade of moneylending.[24]

Peasants were forced to pay their taxes to Jews who were economically coerced into becoming the "front men" for the lords. The Jews would then be identified as the people taking their earnings. Meanwhile the peasants would remain loyal to the lords.[citation needed]

In England, the departing Crusaders were joined by crowds of debtors in the massacres of Jews at London and York in 1189–1190. In 1275, Edward I of England passed the Statute of Jewry which made usury illegal and linked it to blasphemy, in order to seize the assets of the violators. Scores of English Jews were arrested, 300 were hanged and their property went to the Crown. In 1290, all Jews were expelled from England, and allowed to take only what they could carry; the rest of their property became the Crown's. The usury was cited as the official reason for the Edict of Expulsion. However, not all Jews were expelled: it was easy to convert to Christianity and thereby avoid expulsion. Many other crowned heads of Europe expelled the Jews, although again conversion to Christianity meant that you were no longer considered a Jew (see the articles on marranos or crypto-Judaism).

The growth of the Lombard bankers and pawnbrokers, who moved from city to city was along the pilgrim routes.

Die Wucherfrage is the title of a Lutheran Church - Missouri Synod work against usury from 1869. Usury is condemned in 19th century Missouri Synod doctrinal statements.[25]

In the 16th century, short-term interest rates dropped dramatically (from around 20–30% p.a. to around 9–10% p.a.). This was caused by refined commercial techniques, increased capital availability, the Reformation, and other reasons. The lower rates weakened religious scruples about lending at interest, although the debate did not cease altogether.

The papal prohibition on usury meant that it was a sin to charge interest on a money loan. As set forth by Thomas Aquinas, the natural essence of money was as a measure of value or intermediary in exchange. The increase of money through usury violated this essence and according to the same Thomistic analysis, a just transaction was one characterized by an equality of exchange, one where each side received exactly his due. Interest on a loan, in excess of the principal, would violate the balance of an exchange between debtor and creditor and was therefore unjust.

Some have suggested that the development of double entry bookkeeping would provide a powerful argument in favor of the legitimacy and integrity of usury but this is an obvious non-sequitur. Business has always been accepted as a right and proper activity[26] by all cultures, including those that reject usury.

Religious context

The Old Testament

From the King James Version

[Exodus 22:25] If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury.

[Leviticus 25:36] Take thou no usury of him, or increase: but fear thy God; that thy brother may live with thee.

[Leviticus 25:37] Thou shalt not give him thy money upon usury, nor lend him thy victuals for increase.

[Deuteronomy 23:19] Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury:

[Deuteronomy 23:20] Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the LORD thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it.

[Ezekiel 18:17] He withholds his hand from sin and takes no usury or excessive interest.

Torah

The following quotations are from the Hebrew Bible, 1917 Jewish Publication Society translation:

If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest. (Exodus, 22:25)[27]

And if thy brother be waxen poor, and his means fail with thee; then thou shalt uphold him: as a stranger and a settler shall he live with thee. Take thou no interest of him or increase; but fear thy God; that thy brother may live with thee. Thou shalt not give him thy money upon interest, nor give him thy victuals for increase. (Leviticus, 25:35-37)

Thou shalt not lend upon interest to thy brother: interest of money, interest of victuals, interest of any thing that is lent upon interest. Unto a foreigner thou mayest lend upon interest; but unto thy brother thou shalt not lend upon interest; that the Lord thy God may bless thee in all that thou puttest thy hand unto, in the land whither thou goest in to possess it. (Deuteronomy, 23:20-21)

New Testament

Christ drives the Usurers out of the Temple, a woodcut by Lucas Cranach the Elder in Passionary of Christ and Antichrist.[28]

The New Testament contains references to usury:

Finally the master said to him 'Why then didn't you put my money on deposit, so that when I came back, I could have collected it with interest?'
"Thou oughtest therefore to have put my money to the exchangers, and then at my coming I should have received mine own with usury."
"…Out of thine own mouth will I judge thee, thou wicked servant. Thou knewest that I was an austere man, taking up that I laid not down, and reaping that I did not sow. Wherefore then gavest not thou my money into the bank, that at my coming I might have required mine own with usury?"

Qur'an

The following quotations are English translations from the Qur'an:

Those who charge usury are in the same position as those controlled by the devil's influence. This is because they claim that usury is the same as commerce. However, God permits commerce, and prohibits usury. Thus, whoever heeds this commandment from his Lord, and refrains from usury, he may keep his past earnings, and his judgment rests with God. As for those who persist in usury, they incur Hell, wherein they abide forever (Al-Baqarah 2:275)

God condemns usury, and blesses charities. God dislikes every disbeliever, guilty. Lo! Those who believe and do good works and establish worship and pay the poor-due, their reward is with their Lord and there shall no fear come upon them neither shall they grieve. O you who believe, you shall observe God and refrain from all kinds of usury, if you are believers. If you do not, then expect a war from God and His messenger. But if you repent, you may keep your capitals, without inflicting injustice, or incurring injustice. If the debtor is unable to pay, wait for a better time. If you give up the loan as a charity, it would be better for you, if you only knew. (Al-Baqarah 2:276-280)

O you who believe, you shall not take usury, compounded over and over. Observe God, that you may succeed. (Al-'Imran 3:130)

And for practicing usury, which was forbidden, and for consuming the people's money illicitly. We have prepared for the disbelievers among them painful retribution. (Al-Nisa 4:161)

The usury that is practiced to increase some people's wealth, does not gain anything at God. But if people give to charity, seeking God's pleasure, these are the ones who receive their reward many fold. (Ar-Rum 30:39)

Scholastic theology

The first of the scholastics, Saint Anselm of Canterbury, led the shift in thought that labeled charging interest the same as theft. Previously usury had been seen as a lack of charity.

St. Thomas Aquinas, the leading theologian of the Catholic Church, argued charging of interest is wrong because it amounts to "double charging", charging for both the thing and the use of the thing. Aquinas said this would be morally wrong in the same way as if one sold a bottle of wine, charged for the bottle of wine, and then charged for the person using the wine to actually drink it. Similarly, one cannot charge for a piece of cake and for the eating of the piece of cake. Yet this, said Aquinas, is what usury does. Money is exchange-medium. It is used up when it is spent. To charge for the money and for its use (by spending) is to charge for the money twice. It is also to sell time since the usurer charges, in effect, for the time that the money is in the hands of the borrower. Time, however, is not a commodity that anyone can sell. (For a detailed discussion of Aquinas and usury, go to Thought of Thomas Aquinas).

Labor is time, or if preferred, is measured by time. Workers are paid by the hour, by the day, by the week, by the month, rarely by the quarter or year. Labor is not effort, energy, expenditure of fuel (food). It is nothing but one's time. As an example of labor without the expenditure of energy: A security guard whose job is just to be there. Perhaps nothing happens and he can read a book, assemble model trains, or even sleep, as long as he wakes up when the alarm rings. He has spent not one calorie of energy for the employer above what it takes just to live. Yet he is paid (compensated) for his time, for his labor. Even share-croppers and pieceworkers are compensated for the time they spent adding value to the raw materials. The sharecropper hands over the agreed portion of the increase (crop; harvest) to the owner of the land or the leaseholder in return for whatever the landlord provided: the land, perhaps the seed, farming tools, supplies, etc. The pieceworker is compensated for the labor, the time he spent, in adding value to the raw materials: the tools, the supplies, the workspace, light, heat, etc., according to the agreement made with the boss (client). If one labors for compensation, what he is compensated for is his time. As an even exchange of value, he has neither gained or lost anything. He has merely converted something he was going to lose anyway, time from his life, which, as we all know, is limited though we do not know in advance what the limit is, into something else that he wanted. Whether he is paid in goods, services or money is irrelevant. Money is but a medium of exchange that is much more efficient than straight barter. Only a miser wants money for itself, just to possess it. Normal people want money because it allows them to convert one thing that they are willing to sacrifice into something else that they actively want.

This did not, as some think, prevent investment. What it stipulated was that in order for the investor to share in the profit he must share the risk. In short he must be a joint-venturer. Simply to invest the money and expect it to be returned regardless of the success of the venture was to make money simply by having money and not by taking any risk or by doing any work or by any effort or sacrifice at all. This is usury. St Thomas quotes Aristotle as saying that "to live by usury is exceedingly unnatural". Islam likewise condemns usury but allowed commerce (Al-Baqarah 2:275) - an alternative that suggests investment and sharing of profit and loss instead of sharing only profit through interests. Judaism condemns usury towards Jews, but allows it towards non-Jews. St Thomas allows, however, charges for actual services provided. Thus a banker or credit-lender could charge for such actual work or effort as he did carry out e.g. any fair administrative charges. The Catholic Church, in a decree of the Fifth Council of the Lateran, expressly allowed such charges in respect of credit-unions run for the benefit of the poor known as "montes pietatis".[29]

In the 13th century Cardinal Hostiensis enumerated thirteen situations in which charging interest was not immoral.[30] The most important of these was lucrum cessans (profits given up) which allowed for the lender to charge interest "to compensate him for profit foregone in investing the money himself." (Rothbard 1995, p. 46) This idea is very similar to Opportunity Cost. Many scholastic thinkers who argued for a ban on interest charges also argued for the legitimacy of lucrum cessans profits (e.g. Pierre Jean Olivi and St. Bernardino of Siena).

Other contexts

Usury in literature

In The Divine Comedy Dante places the usurers in the inner ring of the seventh circle of hell. (Cultural attitudes have changed a great deal since the 14th century as the usurers' ring was shared only by the blasphemers and sodomites.)

In the 16th century, it was necessary for Shylock to convert to Christianity and forsake usury before he could be redeemed in the climax of The Merchant of Venice. Thomas Lodge's didactic tirade against London moneylenders, An Alarum against Usurers containing tried experiences against worldly abuses tried to incite the educated class against the harm usurers seemed to induce in their victims.

By the 18th century, usury was more often treated as a metaphor than a crime in itself, so Jeremy Bentham's Defense of Usury was not as shocking as it would have appeared two centuries earlier.

In Honoré de Balzac's 1830 novel Gobseck, the title character, who is a usurer, is described as both "petty and great—a miser and a philosopher..."[31]

In the early 20th century Ezra Pound's anti-usury poetry was not primarily based on the moral injustice of interest but on the fact that excess capital was no longer devoted to artistic patronage, as it could now be used for capitalist business investment.[32]

Usury and the law

The Magna Carta commands, "If any one has taken anything, whether much or little, by way of loan from Jews, and if he dies before that debt is paid, the debt shall not carry usury so long as the heir is under age, from whomsoever he may hold. And if that debt falls into our hands, we will take only the principal contained in the note."[33]

"When money is lent on a contract to receive not only the principal sum again, but also an increase by way of compensation for the use, the increase is called interest by those who think it lawful, and usury by those who do not." (William Blackstone's Commentaries on the Laws of England).

In the United States, usury laws are state laws that specify the maximum legal interest rate at which loans can be made. Congress has opted not to regulate interest rates on purely private transactions, but it arguably has the power to do so under the interstate commerce clause of Article I of the Constitution.

Congress opted to put a federal criminal limit on interest rates by the Racketeer Influenced and Corrupt Organizations Act (RICO) definitions of "unlawful debt", which make it a federal felony to lend money at an interest rate more than twice the local state usury rate and then try to collect that "unlawful debt".[34]

It is a federal offense to use violence or threats to collect usurious interest (or any other sort). Such activity is referred to as loan sharking, but that term is also applied to non-coercive usurious lending or even to the practice of making consumer loans without a license in jurisdictions that require licenses.

Usury and royalties

Royalties are contractual obligations of the Issuer of the royalty, made for the benefit of the holder of the royalty. Royalties require the payment of an agreed percentage of revenue of the Issuer, for an agreed period of time. In the event a royalty is purchased from an Issuer, the future revenue upon which the royalty is based is unknown at the time of the original transaction. Therefore, the cumulative amount of the future royalty payments is also an unknown. Royalty payments are not interest and royalties expire without value at their maturity. To be usurious payments made and received for the use of funds must be considered interest for loaned funds which require repayment at the maturity of the loan. The value in gains by the use of the royalty should equal its payment value, excess cost or interest beyond its tangible value is illicit interest or usury.

Usury and slavery in present day

While the practice of direct slavery is widely banned across the world, in some places debt-slavery is still practiced.[35] A debtor who is found unable to repay a loan can be placed in a state of debt-slavery, a situation where-by their life and labors are directed by the lender until the debt is considered repaid.[36] Usury is often a major part of extending this slavery, not uncommonly assisting in extending the debt-slavery onto the children of the debtor, thus making slaves of multiple generations and promoting child labor.[37] Another form of or name for this practice is debt bondage.

Usury statutes in the United States

Each U.S. state has its own statute which dictates how much interest can be charged before it is considered usurious or unlawful.

If a lender charges above the lawful interest rate, a court will not allow the lender to sue to recover the debt because the interest rate was illegal anyway. In some states (such as New York) such loans are voided ab initio.[38]

However, there are separate rules applied to most banks. The U.S. Supreme Court held unanimously in the 1978 Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp. case that the National Banking Act of 1863 allowed nationally chartered banks to charge the legal rate of interest in their state regardless of the borrower's state of residence.[39] In 1980, because of inflation, Congress passed the Depository Institutions Deregulation and Monetary Control Act to exempt federally chartered savings banks, installment plan sellers and chartered loan companies from state usury limits. This effectively overrode all state and local usury laws.[40][41] The 1968 Truth in Lending Act does not regulate rates, except for some mortgages, but requires uniform or standardized disclosure of costs and charges.[42]

In the 1996 Smiley v. Citibank case, the Supreme Court further limited states' power to regulate credit card fees and extended the reach of the Marquette decision. The court held that the word "interest" used in the 1863 banking law included fees and, therefore, states could not regulate fees.[43]

Some members of Congress have tried to create a federal usury statute that would limit the maximum allowable interest rate, but the measures have not progressed. In July 2010, the Dodd–Frank Wall Street Reform and Consumer Protection Act, was signed into law by President Obama. The act provides for a Consumer Financial Protection Agency to regulate some credit practices but has no interest rate limit.[44]

Usury statutes in Canada

Canada's Criminal Code limits the interest rate to 60% per year.[45] The law is broadly written and Canada's courts have often intervened to remove ambiguity.[46]

Ethical arguments for usury

Freedom of trade

The primary ethical argument in defense of usury has been the argument of negative freedom against the "restraint of trade" since the borrower has voluntarily entered into the usury contract.[citation needed] Opponents note, however, that borrowers may be tricked into signing such contracts, assume there is a usury law cap on interest that does not exist, or be driven to accept such an interest rate out of necessity.[citation needed] At the same time however, except for related party transactions where feelings of compassion, guilt, etc., compel the lender to lend without interest, in un-related party transactions where neither the borrower nor the lender has any predetermined attachment to one another, there is no incentive for the lender to lend or for the borrower to repay the debt without usury.

Investment

A practical argument for usury in welfare economics is that charging interest is essential to guiding the investment process, based on the claim that profits are required to direct investments to their most productive use (solving the economic calculation problem). According to this argument, interest-driven investment is essential to economic growth, and therefore to the very existence of industrial civilization. This practical argument for the utility of usury treats all "unearned" returns to capital as interest; traditionally, guaranteed interest is usurious, whereas dividends from shared ventures are less so. In this tradition, the practical case against usury does not completely apply (although replacing debt market investments with stock market savings may not always be desirable). Officially, this is how capitalist Islamic states solve the calculation problem. An example of the 'moral' difference between dividend income and interest income is found in The Merchant of Venice: Shylock lends Antonio money for trade speculation, demanding repayment in flesh should Antonio's project fail utterly (accepting none of the business risk).

Excessive rates

In addition to the defense of interest as such, the practice of charging high interest rates is defended by those who point out that such rates reflect the very fact that the loans are being given to creditors with a high risk of default (in a competitive debt market the interest spread simply covers the credit risk). Economists of the Austrian school say that there is no such thing as a "just" interest rate separate from the free market equilibrium determined by the time-preferences of individual lenders and debtors. (Other free market theorists take a similar view on the merit of an unregulated debt market, but may not explain the subjective estimate of a worthwhile interest-rate bargain through time preference.)

Adverse selection and enforcement methods

Some have defended the threat or use of force (legal or illegal) against non-payers (such as required by Shylock). This position is based on the idea that without force there will be a market failure—since very high interest loans will only be taken up by those intending to default. The need for enforcement stems from this adverse selection problem rather than any immorality inherent in moneylenders. See: "The market for lemons".

Today's credit reporting system in industrialized countries obviates much of the need for the use of force. Since all potential lenders can quickly learn of one's delinquent status, non-payers may find an unwilling seller for many important goods, like apartment rentals, mortgages, renting of expensive equipment without a deposit, and in many cases, insurance or employment. In the minds of many debtors, such considerations outweigh fear of force brought against them.[citation needed]

Charities

Some low-interest charity loans (such as small business micro-loans) defend interest-charging[citation needed] since it allows for the indefinite administration of the charity, the replacement of defaulted loans, and in some cases, the creation of additional loan pools in other regions. These people say that the final "ethical result" of the interest rates justifies the means of charging them.[citation needed]

Avoidance mechanisms and interest-free lending

Islamic banking

In a partnership or joint venture where money is lent, the creditor only provides the capital yet is guaranteed a fixed amount of profit. The debtor, however, puts in time and effort, but is made to bear the risk of loss. Muslim scholars argue that such practice is unjust.[47] As an alternative to usury, Islam strongly encourages charity and direct investment in which the creditor shares whatever profit or loss the business may incur (in modern terms, this amounts to an equity stake in the business).

Interest-free banks

The JAK members bank is a usury-free saving and loaning system.

Interest-free micro-lending

Growth of the internet internationally has enabled global micro-lending charities where lenders make small sums of money available on zero-interest terms. Persons lending money to on-line micro-lending charity Kiva for example do not get paid any interest,[48] although the end users to whom the loans are made may be charged interest by Kiva's partners in the country where the loan is used.[49]

See also

References

  1. ^ from Medieval Latin usuria, "interest", or from Latin usura, "interest")
  2. ^ Oxford Dictionaries
  3. ^ Longman Exams Dictionary
  4. ^ Eisenstein, Charles: Sacred Economics: Money, Gift, and Society in the Age of Transition
  5. ^ Zgur, Andrej: The economy of the Roman Empire in the first two centuries A.D., An examination of market capitalism in the Roman economy, Aarhus School of Business, December 2007, pp. 252–261.
  6. ^ Temin, Peter: Financial Intermediation in the Early Roman Empire, The Journal of Economic History, Cambridge University Press, 2004, vol. 64, issue 03, p. 15.
  7. ^ Young, Frances: Christian Attitudes to Finance in the First Four Centuries, Epworth Review 4.3, Peterborough, September 1977, p. 80.
  8. ^ Young, Frances: Christian Attitudes to Finance in the First Four Centuries, Epworth Review 4.3, Peterborough, September 1977, pp. 81–82.
  9. ^ a b Moehlman, 1934, p. 6.
  10. ^ a b Noonan, John T., Jr. 1993. "Development of Moral Doctrine." 54 Theological Stud. 662.
  11. ^ Moehlman, 1934, p. 6-7.
  12. ^ a b Moehlman, 1934, p. 7.
  13. ^ Johnson cites Fritz E. Heichelcheim: An Ancient Economic History, 2 vols. (trans. Leiden 1965), i.104-566
  14. ^ Johnson, Paul: A History of the Jews (New York: HarperCollins Publishers, 1987) ISBN 0-06-091533-1, pp. 172–73.
  15. ^ The Hebrew Bible in English according to the JPS 1917 Edition. http://www.mechon-mamre.org/e/et/et0523.htm
  16. ^ Examples of debt: I Samuel 22:2, II Kings 4:1, Isaiah 50:1. Prophetic condemnation of usury: Ezekiel 22:12, Nehemiah 5:7 and 12:13. Cautions regarding debt: Prov 22:7, passim.
  17. ^ Johnson, p. 272.
  18. ^ "Usury - The Root of All Evil". The Spirit of Now. Peter Russell. http://www.peterrussell.com/SP/Usury.php. 
  19. ^ "Thomas Aquinas: On Usury, c. 1269-71". Fordham University. http://www.fordham.edu/halsall/source/aquinas-usury.html. 
  20. ^ "The Prophet Muhammad's Last Sermon". Fordham University. http://www.fordham.edu/halsall/source/muhm-sermon.html. 
  21. ^ Exodus 22:25
  22. ^ Historical Critique of Usury
  23. ^ http://www.newworldencyclopedia.org/entry/Anti-Semitism#Restrictions
  24. ^ Johnson, p. 174.
  25. ^ Official Missouri Synod Doctrinal Statements
  26. ^ Carruthers, Bruce G., Espeland Wendy Nelson, Accounting for Rationality: Double-Entry Bookkeeping and the Rhetoric of Economic Rationality, American Journal of Sociology, Vol. 97, No. 1. (July 1991), pp. 38-40
  27. ^ "When you lend money to My people, to the poor person [who is] with you, you shall not behave toward him as a lender; you shall not impose interest upon him." (ORT translation with Rashi commentary)
  28. ^ The references cited in the Passionary for this woodcut: 1 John 2:14-16, Matthew 10:8, and The Apology of the Augsburg Confession, Article 8, Of the Church
  29. ^ "Session Ten: On the reform of credit organisations (Montes pietatis)". Fifth Lateran Council. Rome, Italy: Catholic Church. 1515-05-04. http://www.intratext.com/ixt/ENG0067/_PE.HTM. Retrieved 2008-04-05. 
  30. ^ Roover, Raymond (Autumn 1967). "The Scholastics, Usury, and Foreign Exchang". Business History Review (The Business History Review, Vol. 41, No. 3) 41 (3): 257–271. doi:10.2307/3112192. JSTOR 3112192. 
  31. ^ Honoré de Balzac (1830). Wikisource link to Gobseck. Trans. Ellen Marriage. Wikisource. 
  32. ^ http://www.englit.ed.ac.uk/studying/undergrd/american_lit_2/Handouts/cmc_pound.htm
  33. ^ Annotated English translation of 1215 version
  34. ^ 18 U.S.C. § 1961 (6)(B). See generally, Racketeer Influenced and Corrupt Organizations Act
  35. ^ http://www.antislavery.org/english/resources/reports/download_antislavery_publications/bonded_labour_reports.aspx
  36. ^ http://www.hrw.org/en/reports/2006/07/27/swept-under-rug
  37. ^ http://hir.harvard.edu/courting-africa/child-slavery
  38. ^ NY Gen Oblig 5-501 et seq. and NY 1503.
  39. ^ Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp., 439 U.S. 299 (1978).
  40. ^ Usury rate limits Reference: Interest rate usury limits for U.S. states, 'Lectric Law Library.
  41. ^ The Effect of Consumer Interest Rate Deregulation on Credit Card Volumes, Charge-Offs, and the Personal Bankruptcy Rate, Federal Deposit Insurance Corporation "Bank Trends" Newsletter, March, 1998.
  42. ^ FDIC, Truth in Lending Act.
  43. ^ ABA Journal, March 2010, p. 59
  44. ^ ibid
  45. ^ Criminal Interest Rate, R.S.C. 1985, chap. C-46, section 347, as amended by 1992, c. 1, s. 60(F) and 2007, c. 9, s. 1
  46. ^ Waldron, Mary Anne (2011). "Section 347 of the Criminal Code "A Deeply Problematic Law"". Uniform Law Conference of Canada. http://www.ulcc.ca/en/poam2/Section-347-Criminal-Code.pdf. Retrieved 2012-01-01. 
  47. ^ Maududi(1967), vol. i, pg. 199
  48. ^ Kiva Faq: Will I get interest on my loan?: "Loans made through Kiva's website do not earn any interest. Kiva's loans are not an investment and are not recommended as an investment."
  49. ^ Kiva FAQ: Do Kiva.org's Field Partners charge interest to the entrepreneurs?: "Our Field Partners are free to charge interest, but Kiva.org will not partner with an organization that charges exorbitant interest rates."

Further reading

  • 'In Restraint of Usury: the Lending of Money at Interest', Sir Harry Page, The Chartered Institute of Public Finance and Accounts, London, 1985,
  • The Bibliography therein - particularly:
  • 'The Idea of Usury: from Tribal Brotherhood to Universal Otherhood', Benjamin Nelson, 2nd Edition, University of Chicago Press, Chicago and London, 1949, enlarged 2nd edition, 1969.
  • 'Interest and Inflation Free Money: Creating an Exchange Medium That Works for Everybody and Protects the Earth', Margrit Kennedy, with Declan Kennedy: Illustrations by Helmut Creutz; New and Expanded Edition, New Society Publishers, Philadelphia, PA, USA and Gabriola Island, BC, Canada, 1995.

External links


Translations:

Usury

Top

Dansk (Danish)
n. - åger

Nederlands (Dutch)
woeker(rente)

Français (French)
n. - (Fin) usure

Deutsch (German)
n. - Wucher

Ελληνική (Greek)
n. - τοκογλυφία

Italiano (Italian)
usura

idioms:

  • practice usury    esercitare l'usura

Português (Portuguese)
n. - usura (f), agiotagem (f)

Русский (Russian)
ростовщичество

Español (Spanish)
n. - usura

Svenska (Swedish)
n. - ocker, ockerränta

中文(简体)(Chinese (Simplified))
高利贷, 高利

中文(繁體)(Chinese (Traditional))
n. - 高利貸, 高利

한국어 (Korean)
n. - 고리 대금 , 폭리, 이자

日本語 (Japanese)
n. - 高利貸し, 高利

العربيه (Arabic)
‏(الاسم) ربا‏

עברית (Hebrew)
n. - ‮הלוואה בריבית קצוצה (מופרזת)‬


 
 
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Usury Laws (finance term)
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