The money that all nations use today is composed either of reserves
created by a central bank and/or credit money created by banks via fractional
reserve banking. In the first case, a central bank can create reserve money via
open market operations, whereby the central bank buys an asset--any asset--with
reserves that it creates out of thin air. These reserves land in a bank and
allow the banking system to create credit money in multiples of the new
reserves via the fractional reserve lending process. Both methods of money
creation are fraudulent, if done by any entity other than a central bank, in
the case of open market operations, or a bank member of that central bank
system, in the case of fractional reserve lending. All nations have thrown the
rule of law out the window for these monetary counterfeiters.
A sound money system does not sanction counterfeiting money, either via
creating reserves out of thin air or via creating credit money via fractional
reserve lending. In a sound money system there is only commodity money; i.e.,
gold, silver, bails of tobacco, etc. Commodity money may be spent, as in using
gold or silver coins in everyday transactions, or other receipts may be
exchanged which represent commodity money that is stored in a safe and trusted
facility. Issuing a coin that does not contain exactly the weight and purity as
represented is fraud in a society governed by the rule of law. Issuing
certificates or bank receipts in excess of the stored commodity also is fraud
in a society governed by the rule of law.
A society governed by the rule of law does NOT exempt any entity,
including the government itself, from the law. Thus, a central bank that
creates reserves out of thin air is committing a crime, as recognized by Sir
Robert Peel in his famous Bank Charter Act of
1844. A member bank that pyramids these reserves into multiples of credit
money via the lending process is committing a crime, as cogently explained by
Jesus Huerta de Soto in his Hayek
Memorial Lecture at the London School of Economic in 2010.
In a free society governed by the rule of law any entity can create
money and offer its use to the public. I can offer the public the use of my
wife's delicious quart jars of homemade pickles as money, either in direct
exchange (for example, a jar of pickles for a box of nails at our local
hardware store) or as indirect exchange (a certificate that may be redeemed for
a jar of pickles upon demand). However, I have violated the law if I hand over
a jar that I claim contains my wife's pickles but instead contains something
else. Likewise, I have violated the law
if I issue more certificates for my wife's pickles than jars of pickles in her
larder, which fraud would be revealed should too many people try to redeem
their certificates at my house.
Of course, for transactions among people who do not know one another
personally, unlike the local recipients of my wife's pickles, a more generally
accepted commodity would be used and certificates and/or book entry receipts
would have to be issued by more widely known entities. For example, Citibank or
Bank of America might issue gold certificates and maintain book entry gold
accounts that would be generally accepted by a wide group of strangers as long
as these strangers had confidence that Citibank or Bank of America had not
engaged in fraud. Gold in their vaults equaled the certificates plus book entry
accounts to the gram.
All that is required to convert to the rule of law is the repeal of
legal tender laws granting special exemptions from normal commercial law to the
central bank and its system of member banks. The reverse of Gresham's Law would
prevail. i.e., sound money would drive out bad.