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The Code of Capital: How the Law Creates Wealth and Inequality Kindle Edition
A compelling explanation of how the law shapes the distribution of wealth
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.

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Review
"One of the Financial Times' Best Books of 2019: Economics"
"In possibly one of the most important non-fiction books of the decade, Pistor shines a clear and sharp light on how legal codes – increasingly determined in private law offices in New York and London – shape the contours of economic activity, ownership, and control under contemporary global capitalism"---Jayati Ghosh, Project Syndicate
"So much discussion around wealth and inequality involves gawking at statistics people don’t understand. Katharina Pistor offers a fascinating argument as to why inequality is increasing, and does so without having to construct class identities, as Marxists feel compelled to do, or to make heroic assumptions about the rationality of human beings, as rational choice theorists would have it."---David Murphy, Open Letters Review
"Pistor has exploded the belief of most people that financial instruments traded across the world are creatures of law of sovereign states and are secure . . . . [The Code of Capital is] a truly remarkable book bringing out clearly one of the major causes of periodic financial crisis."---Madras Sivaraman, International Journal of Environment Studies
"Those of us concerned with inequality should be focusing a great deal of attention on the basics of valuation, which means looking hard at the way law makes money."---Roy Kreitner, LPEblog
"The Code of Capital is a welcome interdisciplinary contribution which attaches fresh dimensions to debates on the political economy of wealth and inequality. . . .it is a valuable resource for anyone seeking to grapple with the formidable nature of global capital."---Juvaria Jafri, LSE US Centre
"A Project Syndicate Best Read in 2019"
"The wealth drawn from both the digital darkness and the dark pools of Wall Street exists only by virtue of the law’s encasement. . . . [Pistor's] metaphors allow us to see how, by ceding democratic control of law, we’ve 'depoliticized critical questions of self-governance,' preserving mobility for some and blocking it for others."---Quinn Slobodian, Boston Review
"One of Business Insider's Richard Feloni's best books of 2019 on how we can rethink today's capitalism and improve the economy"
"The result is nothing less than a crisis theory of law. Law as it currently functions is, for Pistor, constitutive of the order that creates and perpetuates inequality, opacity, dysfunction, and crisis, and ultimately puts at risk the legitimacy of the rule of law as such."---Adam Tooze, New York Review of Books
"Almost anybody who reads this book will benefit; a must-read for corporate lawyers, investment bankers, capital providers."---Rahul Saikia, Financial Times
"A thought-provoking read." ― Business & Management
"One of the Financial Times' Readers' Best Books of 2019"
Review
"The Code of Capital is essential reading for anyone interested in understanding how global capital markets function. In clear and understandable terms, Pistor traces the legal coding of capital, the explosive expansion of finance, and the steep fall of the global financial crisis."―Cathy M. Kaplan, senior counsel, Sidley Austin LLP
"Law, Pistor shows in this breakthrough book, is the essential means by which increasingly intangible and mobile assets are protected against control, especially democratic control. Understanding the intricacy of how law works to produce and safeguard soaring wealth for the rich is essential for confronting the inequality crisis of our time. Brilliant, clear, and pithy, The Code of Capital is an essential contribution for reformers and scholars alike."―Samuel Moyn, author of Not Enough: Human Rights in an Unequal World
"Katharina Pistor has crafted a powerful and relentlessly intelligent argument about the importance of law for modern capital. Written with lucid erudition, her book explores legal patterns and relationships underlying centuries of economic development. Anyone interested in finance, wealth, or inequality will want to engage this ambitious and innovative work."―Bruce G. Carruthers, Northwestern University
"The Code of Capital delivers the keys to understanding how law and lawyers push the property system toward concentrated and entrenched wealth. Many of its insights are timeless, but Pistor shows how globalization has spun these mechanisms into overdrive. A must-read for comprehending financial capitalism and its threat to democratic citizenship."―Roy Kreitner, author of Calculating Promises: The Emergence of Modern American Contract Doctrine
About the Author
Laural Merlington has recorded well over one hundred audiobooks, including works by Margaret Atwood and Alice Hoffman, and is the recipient of several AudioFile Earphones Awards. An Audie Award nominee, she has also directed over one hundred audiobooks. She has performed and directed for thirty years in theaters throughout the country. In addition to her extensive theater and voice-over work, Laural teaches college in her home state of Michigan.
Product details
- ASIN : B07KM2FW65
- Publisher : Princeton University Press (28 May 2019)
- Language : English
- File size : 1.4 MB
- Text-to-Speech : Enabled
- Screen Reader : Supported
- Enhanced typesetting : Enabled
- X-Ray : Enabled
- Word Wise : Enabled
- Print length : 316 pages
- Best Sellers Rank: #15,938 in Kindle Store (See Top 100 in Kindle Store)
- #32 in Political History eBooks
- #46 in Economic Policy & Development
- #82 in Economics (Kindle Store)
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- Inside the Beltway ReaderReviewed in the United States on 26 September 2019
5.0 out of 5 stars The law of capital: the mother of all subsidies
Verified PurchaseThis well-written and deeply researched book should be essential reading for anyone with a serious interest in the intersection of law and economics and in understanding, in the words of the subtitle, how the law creates wealth and inequality. The term “law and economics” has come to mean to economists and conservative-leaning jurists the subordination of law to economics and its “natural” laws of supply and demand. Providing a robust antidote to this type of economics-centric thinking, this book by a legal academic makes clear that the “code of capital” owes its power to law that is backed and enforced by the state. The ability to create, preserve and pass on wealth is dependent on how the law governs contracts, property, trusts and corporations, and how it treats debtors and creditors (including in bankruptcy). Not surprisingly, even in democratic societies, these laws systematically privilege capital over labor, shareholders over other stakeholders, and creditors over debtors. While the focus is on the current globalized world of securitized debt, transnational investments, intellectual property, and even cryptocurrency, much of the analysis usefully entails looking back at how these areas of law evolved from feudal times through the Industrial Revolution and to the present, in which legal norms continue to privilege the rich and powerful. Moreover, while the role of legislators and courts is not neglected, the analysis emphasizes how for the most part the applicable law developed at the hands of skilled private lawyers serving their merchant/corporate clients one transaction or investment at a time, and how increasingly disputes are increasingly resolved through private settlements and arbitration walled off from public scrutiny.
Thus, a key take-away is: “Law that is backed by the threat of coercive enforcement increases the likelihood that the commitments that private parties made to one another and the privileges they obtained will be recognized and enforced without regard to pre-existing social ties or competing norms and that these legal claims will even be respected by strangers. As long as the threat of coercive law enforcement is sufficiently credible, voluntary compliance can be achieved without mobilizing it in every case.” The threat of coercive law enforcement and incentives to obey the rules diminish, however, in a globalized commercial world: “The legal protections capital enjoys are arguably the mother of all subsidies. Rising inequality is the logical conclusion of a legal order that systematically privileges some holders’ assets, but not others. This is the case especially in a globalized world, in which intervention on the side of the less advantaged can be so easily punished by capital taking to the exit.”
Last year’s We the Corporations by Adam Winkler provided a masterful legal history on how corporations won important constitutional battles for their own “civil rights” in the Supreme Court over the past 200 years. This book is equally ambitious in addressing how the rest of our common law regime has been shaped by corporate lawyers to advance the interests of corporations and their owners. Together, they go a long way in explaining their dominance in law, society and, inevitably, politics.
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Dr. Ernst U. KoepfReviewed in Germany on 3 October 2024
5.0 out of 5 stars Katharina Pistor: The Code of Capital. Princeton University Press, Princeton (New Jersey) 2019
Verified PurchaseDer Untertitel lautet: "How the Law Creates Wealth and Inequality". Die Autorin, Rechts-Professorin in New York, zeigt die Entwicklung vom englischen Common Law, das im 16. Jahrhundert zur Übernahme der gemeinschaftlich genutzten Ländereien durch die Lords führte, zum weltweit durchgesetzten privaten Recht der Konzerne. Die Philosophie der Engländer besagte, dass demjenigen Recht zu geben sei, der den größten finanziellen (und damit staatlichen) Nutzen aus einem Gut ("asset") herausholt. Der rechtliche Code, der diesen Rechtsanspruch realisiert, wird mit den Begriffen Priorität, Durabilität, Universalität, Convertibilität erklärt. Bezogen auf Wertpapiere ("assets") bedeutet das Bevorzugung des Eigentümers gegenüber Gläubigern, rechtlich dauerhafte Existenz, weltweite Gültigkeit und das Privileg, den zunächst virtuellen Marktwert jederzeit in eine Staatswährung umtauschen zu können. Der letzte Punkt macht aus finanzwirtschaftlichen Spekulationsgewinnen Reichtum und Wirtschaftsmacht. Gegenüber wirtschaftswissenschaftlichen Erklärungen macht die Autorin geltend, dass durch die leistungsfähigen Rechtsabteilungen der Konzerne betriebene privatrechtliche Codifizierung entscheidend sei für die Konzentration des Reichtums in wenigen Händen. Militärische Gewalt und Sanktions-Androhungen der USA bringen Staaten dazu, gegenüber diesen Entwicklungen ihre Souveränitätsansprüche zurückzustellen. Ein kluges, lesenswertes Werk.
- The InferneratorReviewed in Canada on 14 August 2019
5.0 out of 5 stars Essential Explanatory Complement to Piketty's Descriptive Research on Inequality
Verified PurchaseThis crucial book is clearly written to clarify for a popular audience the all-important, all-governing current legal-institutional relations that support the growth of socio-economic inequality. Pistor explains how the Anglo Common Law works by enabling private law (private law firms representing the globe's 'incumbent' rich) to develop ('innovate') a complex bulwark of property and bankruptcy law apart from societies, states, and even judiciaries (not known for any democratic bias). With the assistance of the impressionable, comprador liberal-conservative political establishment first in the UK & US and second around the world, this Common Law-supported kingdom of private law has effectively reduced the democratic state to little more than a violent enforcer of that private law, as it maldistributes rights and obligations to the augmentation of socio-economic inequality and tyranny. Anglo civil law is distinguished--and so useful to powerful interests--as the legal code of a people with boundary issues, as Stoicist Svend Brinkmann might say. Not only does Pistor's clarification help the reader better understand the fundamental functioning of Anglo-American law, it also suggests structural and political points of change.
For example, by now, most law governing property around the world has never seen the light of a society's court system--It has never been subjected to any socially-rational justification and deliberation. It is simply privately manufactured, and operates as a credible threat ("But it's the law."), to channel wealth and enforce privilege and profound subordination in everyday relations. Were the majority of people--those who carry the risk and costs, who are legally obligated to deliver over the assets and work to the owners, but who do not accrue power--to somehow cohere and push back in the streets and on states, Pistor suggests, private-law's house of cards could tumble.
Upon further reflection, Pistor's sketch of capitalism's naked emperor points to the cyborg technology of policing and surveillance stitching the whole global accumulation and dispossession network together, on the back of climate and environmental crisis.
The book is written to educate a popular audience, explaining law in analogy to computer coding, where society is a computer-user cyborg that keeps getting more inequality and tyranny out of the code. Sometimes the book's concerns are those of lawyers, the coders. For example, Pistor explores whether encrypted blockchain systems can replace lawyers to produce contracts. No, they're too inflexible for a world that includes intrinsic, environmental, random, and agential forms of change. More likely is the unholy cyborg merger of blockchain systems and lawyers to create contracts.
- Cliente de KindleReviewed in Mexico on 16 December 2019
5.0 out of 5 stars A deep legal análisis of the role of law on rising inequality
Verified PurchaseI believe this book helps the General public to understand the lost legal modules for coding Capital and its impact in society as a whole.