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While political thinkers on the left are undisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have insured some minimum measure of justice in citizen's lives. Here, Sypnowich argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter addresses an issue in liberal jurisprudence to see how it would fare in a socialist theory that takes a constructive approach to law. Among the subjects covered are the rule of law, natural and legal rights, obligation, and the sources of law.
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.
The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
What is wrong with capitalism, and how can we change it? Capitalism has transformed the world and increased our productivity, but at the cost of enormous human suffering. Our shared values—equality and fairness, democracy and freedom, community and solidarity—can provide both the basis for a critique of capitalism and help to guide us toward a socialist and democratic society. Erik Olin Wright has distilled decades of work into this concise and tightly argued manifesto: analyzing the varieties of anticapitalism, assessing different strategic approaches, and laying the foundations for a society dedicated to human flourishing. How to Be an Anticapitalist in the Twenty-First Century is an urgent and powerful argument for socialism, and an unparalleled guide to help us get there. Another world is possible. Included is an afterword by the author’s close friend and collaborator Michael Burawoy.
The first detailed reconstruction of the late work of John Rawls, further developing his ideas of 'justice-as-fairness'.
Aus dem Inhalt: Raymond Plant: The Austin Lecture: Socialism, End States and the Law Chris Bertram: Would a socialist society be able to dispense with law? Andrew Vincent: Socialism, Law and the State Tradition Elizabeth Kingdom: Socialism, State and Law. Response to Andrew Vincent David Feldman: The Left, Judicial Review and Theories of the Constitution Hugh Collins: Social Market and the Law of Contract Michael Luntley: The Long Aim of the Law? Response to Hugh Collins Christine Sypnowich: Rights and Community, Feminism and Social Justice Roger Brownsword: A Synthesis of Rights and Community: in a different register? Response to Christine Sypnowich Bibliography
"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.