The Historical Development of the Protection of Borrowers in Personal Credit Transactions: 1700-1974

This thesis aims to chart and explain the evolution of credit practices and the law’s reaction to them vis-à-vis the protection of borrowers between 1700 and 1974. The cat-and-mouse game played out between the credit industry and the legislature, and the longstanding tension between the credit needs of the commercial community and those of the small private borrower are of central importance. This thesis is primarily historical rather than theoretical; it seeks to describe and explain legal developments over time. But, in order to illuminate this development, the law will be viewed through the lens of a simple analytical framework based on the dichotomy between public law regulation, on the one hand, and the private law of contract, on the other. Viewed through this lens, it should be possible to position the law at any given stage of its development at a particular point on a scale of ‘regulatoriness’. The framework within which these rules were originally developed was, of course, neither intentionally nor self-consciously theoretical, but that is not to say that a theoretical framework lacks utility in legal historical inquiry.