Mediating Contestations of Private, Public and Property Rights in Corporate Capitalism

The law and lawyers have played a key part in creating the concepts and institutional forms of corporate capitalism in the past century and a half. Legalization has been playing an equally central role especially in the recent decades in forming the institutions of the new global governance. What ha... Deskribapen osoa

Egile nagusia: Picciotto, Sol
Formatua: Artikulua
Hizkuntza: Ingelesa
Argitaratua: Instituto Internacional de Sociología Jurídica de Oñati = The Oñati International Institute for the Sociology of Law 2013
Gaiak:
Law
Sarrera elektronikoa: http://dialnet.unirioja.es/servlet/oaiart?codigo=4600669
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Laburpena: The law and lawyers have played a key part in creating the concepts and institutional forms of corporate capitalism in the past century and a half. Legalization has been playing an equally central role especially in the recent decades in forming the institutions of the new global governance. What has been constructed is a corporatist economy, in which highly socialized systems of economic activity are managed in forms which allow and indeed facilitate private control and appropriation. Yet they are very different from those of the `market economy� envisaged by classical liberal philosophy and political economy. Although the state and the economy appear as separate spheres, they are intricately interrelated in many ways, especially in the definition and allocation of property rights, and in extensive state support and interventions, which play a determining role in investment and profit rates. Working at the interface of the public and private in mediating social action and conflict, lawyers have played a key role in constructing corporatist capitalism, and are central to its governance and legitimation. This is also due to lawyers� techniques and practices of formulating and interpreting concepts and norms which are inherently malleable and indeterminate, which provide the flexibility to manage the complex interactions of private and public. These techniques and the lawyers who deploy them have also been central both to the construction of the classical liberal system of interdependent states, and during the current period of its gradual fragmentation and the transition to networked regulation and global governance.