Legal Institutionalism: Capitalism and the Constitutive Role of Law
By Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang, Katharina Pistor. 2017
208 citations recorded by the source corpus.
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates for inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies.
Subfields: Economics and Econometrics, Sociology and Political Science
View Paper: https://www.semanticscholar.org/paper/9fa68d6d518e0b300b44619cc3868d3a9ac2c707
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Citations in the corpus
- Putting value creation back into “public value”: from market-fixing to market-shaping (2019, background): “Similarly, many government interventions enable markets to function, such as legal codes, public policies, antitrust policies, university scientists and physical infrastructure (Nelson 1987, 550; Deakin et al. 2017).”