The Code of Capital

Katharina Pistor

The Code of Capital

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17min

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Capital accumulates and survives, even in times of crisis. Lecturer and finance expert, Katharina Pistor, analyses the legal mechanisms that protect and preserve capital, even when various situations often leave many people with nothing. Why is it that the world's population is getting poorer and poorer, while just a few manage to retain all the wealth? The answer is clear to see: the law sustains this status quo, by codifying and safeguarding capital. We can, however, rethink and rewrite this law, giving rise to new rules and a fairer society.

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Analysis and key concepts

01.

‘Legal coding’: specific laws allow capital to accumulate

02.

Private property paved the way for capital

03.

The government has a duty to protect property owners, but this does not always happen: the case of the Maya in Belize

04.

Priority, durability, universality, and convertibility: the four fundamental qualities of capital

05.

Capital is created with land, and continues with debt

06.

Trust is a legal instrument used to protect capital from creditors

07.

Capital is regulated by the rules of private law

08.

The role of the state and institutions in capital coding

09.

The globalisation of capital corresponds to the globalisation of legal practices by the Anglo-Saxon world

10.

Digital coding and the future of capital

11.

Regaining control over the law is the only way for a democratic system to prevail over capitalists

12.

Quotes

13.

Take-home message

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Many useful tips to:

  • Analyse the differences between the resources of the past and present.
  • Discover the link between legislation and capital accumulation.
  • Understand how globalisation has affected capital accumulation.

Katharina Pistor is an expert in corporate governance, finance, and money. She teaches at Columbia Law School, having also held positions at Harvard Law School, Harvard University Kennedy School of Government, and the Max Planck Institute for Foreign and International Law in Hamburg. In 2012, she received the Allen & Overy Prize, together with Martin Hellwig, for the best working paper on European Corporate Governance Institute law, and she has been a member of the Berlin-Brandenburg Academy of Sciences since 2015. She is the author and co-author of nine books.

Publishing house:

Princeton Univers. Press

Year:

2020

Pages:

320

ISBN:

978-0691208602