Download or read book Law Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
Download or read book Law Capitalism and Power in Asia written by Kanishka Jayasuriya and published by Routledge. This book was released on 2006-06-19 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Download or read book Law and the Rise of Capitalism written by Michael Tigar and published by NYU Press. This book was released on 2019-02-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Against a backdrop of seven hundred years of bourgeois struggle, eminent lawyer and educator, Michael E. Tigar, develops a Marxist theory of law and jurisprudence based upon the Western experience. This well-researched and documented study traces the role of law and lawyers in the European bourgeoisies's conquest of power and in the process complements the analyses of such major figures as R.H. tawney and Max Weber. Using a wide frange of primary sources, Tigar demonstrates that the legal theory of insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution.
Download or read book Lawless Capitalism written by Steven A. Ramirez and published by NYU Press. This book was released on 2013 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law. The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn’t limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.
Download or read book Capitalism and the Rule of Law written by Bob Fine and published by . This book was released on 1979 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Code of Capital written by Katharina Pistor and published by Princeton University Press. This book was released on 2020-11-03 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Download or read book Law Society and Political Action written by Thomas Mathiesen and published by London ; New York : Academic Press. This book was released on 1980 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Breaking down into three distinct but related parts, it enters first into a study of the sociology of law. For its starting point this section contends that the law is shaped and reshaped by ever-changing material structures in society. Simultaneously the law works back on these structures to reinforce and conserve them. This materialist thesis is substantiated by an analysis of legal developments in a series of political fields: the development of penal law, financial law and labour protection law amongst others. A close scrutiny of the social organization of the 'legal superstructure', including an amusing and telling analysis of the modes of behaviour of those at the summit of the legal profession, concludes the first section. The dependence of law on the material structure of society cannot be satisfactorily accounted for, however, without also examining the relationship between the law and other systems of ideas, and between those ideas and the social formation in which they appear. Accordingly the central part of this book considers also religion, art and science. The author distinguishes between 'superconstructing' or conserving idea systems and those which enter into a truly dialectical relationship with the material structure to produce a new totality. He argues that in the late capitalist social formation the law is superconstructing whereas science has a dialectical relationship with the world. It remains, however, a political question whether or not dialectical ideas systems are desirable, that is, repression-abolishing. In the final section Mathiesen identifies reform or revolution as a false dichotomy which must be transcended. These chapters are aimed at revitalizing a flagging radical political movement through coherent and cogent discussion of organization and political strategy. In this part of the book the author developes further the notion of the 'unfinished political movement', first conceived in his earlier work The Politics of Abolition (Martin Robertson, 1974). This volume has direct relevance to a broad field of social and political scientists and workers. In particular it should be read by sociologists, social workers, criminologists, lawyers and law students. It will also be of value as text material for courses in the sociology of law and jurisprudence." -- Backcover.
Download or read book Political Economy Capitalism and the Rule of Law written by Daniel D. Barnhizer and published by . This book was released on 2016 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a symbiotic rela ...
Download or read book Legal Foundations of Capitalism written by John Rogers Commons and published by New York : The Macmillan. This book was released on 1924 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Leveler written by Brett Christophers and published by Harvard University Press. This book was released on 2016-01-04 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brett Christophers shows how laws help capitalism maintain a crucial balance between competition and monopoly. When monopolistic forces dominate, antitrust law discourages the growth of corporations and restores competitiveness. When competition becomes dominant, intellectual property law protects corporate assets and encourages investment.
Download or read book The Oxford Handbook of Max Weber written by Edith Hanke and published by . This book was released on 2020-01-03 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Active at the time when the social sciences were founded, Max Weber's social theory contributed significantly to a wide range of fields and disciplines. Considering his prominence, it makes sense to take stock of the Weberian heritage and to explore the ways in which Weber's work and ideas have contributed to our understanding of the modern world. Using his work as a point of departure, The Oxford Handbook of Max Weber investigates the Weberian legacy today, identifying the enduring problems and themes associated with his thought that have contemporary significance: the nature of modern capitalism, neo-liberal global economic policy, nationalism, religion and secularization, threats to legality, the culture of modernity, bureaucratic rule and leadership, politics and ethics, the value of science, power and inequality. These problems are global in scope, and the Weberian approach has been used to address them in very different societies. Thus, the Handbook also features chapters on Europe, Turkey, Islam, Judaism, China, India, and international politics. The Handbook emphasizes the use and application of Weber's ideas. It offers a journey through the intellectual terrain that scholars continue to explore using the tools and perspectives of Weberian analysis. The essays explore how Weber's concepts, hypotheses, and perspectives have been applied in practice, and how they can be applied in the future in social inquiry, not only in Europe and North America, but globally. The volume is divided into six parts exploring, in turn: Capitalism in a Globalized World, Society and Social Structure, Politics and the State, Religion, Culture, and Science and Knowledge.
Download or read book Capitalism Alone written by Branko Milanovic and published by Harvard University Press. This book was released on 2021-09-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time in history, the globe is dominated by one economic system. Capitalism prevails because it delivers prosperity and meets desires for autonomy. But it also is unstable and morally defective. Surveying the varieties and futures of capitalism, Branko Milanovic offers creative solutions to improve a system that isn’t going anywhere.
Download or read book The Tools of Law that Shape Capitalism written by Koen Byttebier and published by Springer Nature. This book was released on 2019-09-04 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a critical analysis of the legal mechanisms that help shape the capitalist system, and also makes proposals for deploying these tools in a different manner.Although often disguised in difficult legal jargon, in reality the main legal building blocks of the prevailing capitalist socio-economic system are simple, the most important being: (1) money; (2) the company form and (3) (neo)liberal state organization aimed at making markets as free as possible for the entrepreneurial sector. Having been used to create the socio-economic order over 2-3 centuries, the legal systems that helped shape capitalist societies around the globe have also contributed to a variety of fundamental problems that remain unaddressed by the capitalist system itself, such as ever-mounting public and private debt, pollution and climate change, an increasing polarization between rich and poor and a globally unjust fiscal order. By proposing alternative uses for the tools of law that shape capitalism, the book also makes proposals for dealing with these matters.
Download or read book Law Informal Rules and Economic Performance written by Svetozar Pejovich and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a
Download or read book The Corporation Law and Capitalism written by Grietje Baars and published by BRILL. This book was released on 2019-03-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Corporation, Law and Capitalism, Grietje Baars offers a radical Marxist perspective on law, tracing the corporation from colonial times to the present multinational. ‘Corporate accountability’ is shown to be a red herring in the struggle for another world.
Download or read book Between Truth and Power written by Julie E. Cohen and published by Oxford University Press. This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
Download or read book Government Is Good written by Douglas J. Amy and published by Dog Ear Publishing. This book was released on 2011 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why a book defending government? Because for decades, right-wing forces in this country have engaged in a relentless and irresponsible campaign of vicious government bashing. Conservatives and libertarians have demonized government, attacked basic safety net programs like Medicare, and undermined vital regulations that protect consumers, investors, workers, and the environment. This book takes on this anti-government movement and shows that most of its criticisms of this institution are highly exaggerated, misleading, or just plain wrong. In reality, American government - despite its flaws - plays a valuable and indispensable role in promoting the public good. Most government programs are working well and are actually improving the lives of Americans in innumerable ways. Democratic government is a vital tool for making our world a better place; and if we want an America that is prosperous, healthy, secure, well-educated, just, compassionate, and unpolluted, we need a strong, active, and well-funded public sector. Part I: Why Government is Good. The section of the book describes how government acts as a force for good in society. One chapter chronicles a day in the life of an average middle-class American and identifies the myriad ways that government programs improve our lives. Other chapters describe the forgotten achievements of government; how government is the only way to effectively promote public values like justice and equality; and how a free market economy would be impossible without the elaborate legal and regulatory infrastructure provided by government. Part II: The War on Government. This section of the book chronicles the unrelenting assault on government being waged by conservative forces in this country. Chapters describe how cuts in social programs and rollbacks of regulations have harmed the health, safety, and welfare of millions of Americans and how these assaults have taken place on many fronts - in Congress, the administrative branch, and the federal courts, as well as on the state and local level. Also addressed: how the right's radical anti-government agenda is out of touch with the views and priorities of most Americans, and what the real truth is about government deficits. Part III: How to Revitalize Democracy and Government. There are, in fact, some problems with American government, and we need to address these if we are to restore Americans' faith in this institution. One of the main problems with our government is that it is not accountable and responsive enough to the public. Moneyed special interests too often win out over the public interest. Chapters in this section describe this problem and how we can fix it. There are several reforms - including public financing of elections - that could help our government live up to its democratic ideals. The final chapter discusses strategies for building a pro-government coalition in this country.
