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Research Handbook on Political Economy and Law
Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.
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Critical Acclaim
Contributors
Contents
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Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy.
With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.
Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.
With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources.
Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource.
Critical Acclaim
‘Law creates and regulates our political and economic life. If the legal institutions of citizenship and political authority, property and contract, money and credit, or labor and capital were put together differently, our world might be more equal, productive, democratic, sustainable and just. This terrific collection explores how this might be done. Each essay puts law at the center of a story about political economy and asks how things might be otherwise. Original, broad-reaching and imaginative, these essays will change how you think about the world: what seemed natural and inevitable will seem open to rethinking and remaking. An excellent overview of law’s role in contemporary political economy by some of the most creative thinkers in the legal academy today.’
– David Kennedy, Harvard Law School, US
– David Kennedy, Harvard Law School, US
Contributors
Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailović, V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Míguez, C. Mummé, A. Ng Boyte, Ö. Orhangazi, U. Özsu, A. Rasulov, L. Russi, C. Salomāo Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. Wray
Contents
Contents:
1. Introduction
John D. Haskell and Ugo Mattei
PART I MONEY AND MARKETS
2. Toward a Political Economy of Money
Roy Kreitner
3. The Market as a Legal Concept: Classical Liberalism, Modern Liberalism, Pragmatic Liberalism
Justin Desautels-Stein
4. The New Global Dis/Order in Central Banking and Public Finance
Timothy A. Canova
5. Neoliberalism, Debt and Discipline
Tayyab Mahmud
6. Free Trade and Comparative Advantage: A Study in Economic Sleight of Hand
Vishaal Kishore
7. Technology, Power and the Political Economy of Inequality
Frederick Guy and Peter Skott
8. Finance and the ‘Real’ Economy: Systemic Complexity, Complex Agencies
Luigi Russi
9. Financialization and the Non-Financial Corporate Sector
Özgür Orhangazi
10. Debt and Financial Stability
Jan Toporowski
11. The Law of Value and the Law
Bill Bowring
12. Less Markets: A Critical Analysis of Market Existence and Functioning
Calixto Salomão Filho
PART II THE RELATIONS OF ORGANIZATION: INDUSTRY, LABOR AND THE STATE
13. Beyond Corporate Governance: Why a New Approach to the Study of Corporate Law is Needed to Address Global Inequality and Economic Development
Dan Danielsen
14. The Job Guarantee, Full Employment and Human Rights
L. Randall Wray
15. Personal Responsibility for Systemic Inequality
Martha McCluskey
16. From the ‘Semi-Civilized State’ to the ‘Emerging Market’: Remarks on the International Legal History of the Semi-Periphery
Umut Özsu
17. From the Dutch East India Company to the Corporate Bill of Rights: Corporations and International Law
Grietje Baars
18. Mapping the Political Economy of Neoliberalism in the Arab World
Adam Hanieh
19. Ending Impunity? Eliding Political Economy in International Criminal Law
Tor Krever
20. The Political Economy of Court-Based Regulation
Patrick Luff,
21. Law and Development: A History in Three Moments
Arpita Gupta
22. The Political Economy of Industrial Policy: After the Crisis, Back on the Agenda
Antonio Andreoni
PART III COMMODITIES, LAND AND RESOURCES
23. The Empty Circularity of Regulatory Takings: The Legacy of a Legal Realist Critique for a 21st-Century Context
Akbar Rasulov
24. Property in Labor and the Limits of Contract
Claire Mummé
25. Property Issues in the Indigenous Historical Contexts of Republican Latin America
Rodrigo Míguez
26. Indigenous Peoples’ Claims and Challenges Over Control of Property
Ivana Isailović
27. Early Soviet Property Law in Comparison with Western Legal Traditions
Boris N. Mamlyuk
28. The Architecture of Commons Legal Institutions
Saki Bailey
29. Political Economy and Environmental Law: A Cost-Benefit Analysis
Jaye Ellis
30. The Propertization of Intellectual Property
Alina Ng Boyte
31. Property, Efficiency, the Commons, and Theft
Ramsi A. Woodcock
Index
1. Introduction
John D. Haskell and Ugo Mattei
PART I MONEY AND MARKETS
2. Toward a Political Economy of Money
Roy Kreitner
3. The Market as a Legal Concept: Classical Liberalism, Modern Liberalism, Pragmatic Liberalism
Justin Desautels-Stein
4. The New Global Dis/Order in Central Banking and Public Finance
Timothy A. Canova
5. Neoliberalism, Debt and Discipline
Tayyab Mahmud
6. Free Trade and Comparative Advantage: A Study in Economic Sleight of Hand
Vishaal Kishore
7. Technology, Power and the Political Economy of Inequality
Frederick Guy and Peter Skott
8. Finance and the ‘Real’ Economy: Systemic Complexity, Complex Agencies
Luigi Russi
9. Financialization and the Non-Financial Corporate Sector
Özgür Orhangazi
10. Debt and Financial Stability
Jan Toporowski
11. The Law of Value and the Law
Bill Bowring
12. Less Markets: A Critical Analysis of Market Existence and Functioning
Calixto Salomão Filho
PART II THE RELATIONS OF ORGANIZATION: INDUSTRY, LABOR AND THE STATE
13. Beyond Corporate Governance: Why a New Approach to the Study of Corporate Law is Needed to Address Global Inequality and Economic Development
Dan Danielsen
14. The Job Guarantee, Full Employment and Human Rights
L. Randall Wray
15. Personal Responsibility for Systemic Inequality
Martha McCluskey
16. From the ‘Semi-Civilized State’ to the ‘Emerging Market’: Remarks on the International Legal History of the Semi-Periphery
Umut Özsu
17. From the Dutch East India Company to the Corporate Bill of Rights: Corporations and International Law
Grietje Baars
18. Mapping the Political Economy of Neoliberalism in the Arab World
Adam Hanieh
19. Ending Impunity? Eliding Political Economy in International Criminal Law
Tor Krever
20. The Political Economy of Court-Based Regulation
Patrick Luff,
21. Law and Development: A History in Three Moments
Arpita Gupta
22. The Political Economy of Industrial Policy: After the Crisis, Back on the Agenda
Antonio Andreoni
PART III COMMODITIES, LAND AND RESOURCES
23. The Empty Circularity of Regulatory Takings: The Legacy of a Legal Realist Critique for a 21st-Century Context
Akbar Rasulov
24. Property in Labor and the Limits of Contract
Claire Mummé
25. Property Issues in the Indigenous Historical Contexts of Republican Latin America
Rodrigo Míguez
26. Indigenous Peoples’ Claims and Challenges Over Control of Property
Ivana Isailović
27. Early Soviet Property Law in Comparison with Western Legal Traditions
Boris N. Mamlyuk
28. The Architecture of Commons Legal Institutions
Saki Bailey
29. Political Economy and Environmental Law: A Cost-Benefit Analysis
Jaye Ellis
30. The Propertization of Intellectual Property
Alina Ng Boyte
31. Property, Efficiency, the Commons, and Theft
Ramsi A. Woodcock
Index