The answer to why fractional reserve agreements are ethically impermissible, and why there can be no contracts to make warehouse receipts debt, is that such agreements and contracts contradict (deny) the nature of things. Any such contract is from the outset — a priori — invalid. Selgin and White try to get around this inescapable conclusion by adopting, wittingly or not, an ultra-subjectivist view of contracts and agreements. According to this view, the very fact that a voluntary agreement is reached and/or a contract is concluded demonstrates that it must be a valid — true or permissible — agreement and contract. Yet this view is not only false it is also incompatible with Rothbard’s title-transfer theory of contract that these authors claim to have accepted. Agreements and contracts per se do not imply anything regarding their validity for the fundamental reason that agreements and contracts do not create reality, but rather presuppose it. More specifically, contracts do not bring property into existence, but rather recognize and transfer existing property. Hence, as in Rothbard’s ethical system, the theory of property must precede the treatment of contracts. Contracts and contract theory presuppose and are constrained by property and property theory. That is, the range of possible (valid) contracts is limited and restricted by the existing quantity (stock) of property and the nature of things, rather than the other way around. Thus, agreements regarding flying elephants, centaurs, squared circles, of perpetui mobile, for instance, are invalid contracts. They cannot — by virtue of biological, physical, or mathematical law — be fulfilled, and are from the outset false and fraudulent.


- Hans-Hermann Hoppe 




https://mises.org/quarterly-journal-austrian-economics/against-fiduciary-media