Cash-settled index futures were barred by legal logic until decades into the century

Evidence

A futures contract was legal, the Supreme Court ruled in 1905, if it could be settled by physical delivery of a commodity such as grain. If it could be settled only in cash, it was an illegal wager. Since an index was an abstraction, there was no straightforward way in which an index future could be settled other than in cash. — Donald MacKenzie & Yuval Millo, Constructing a Market, Performing Theory, 58

Categorization

  • DEFINE: Clarifies the legal distinction between hedging futures and illegal wagering: physical delivery vs. cash settlement.
  • XREF: connects to: Chicago futures trading diverged from material reality from its very beginnings — Aris Komporozos-Athanasiou, Speculative Communities: Living with…, 86; Cash settlement allowed index futures to evade securities regulation. — Donald MacKenzie, An Engine, Not a Camera: How Financial…, 766; The delivery test blocked cash-settled index futures as illegal in the US. — Donald MacKenzie, An Engine, Not a Camera: How Financial…, 641 (+4 more)

Broader Connections