Citations (1)


Footnotes (279)



Fear and Social Capitalism: The Law and Macroeconomics of Investor Confidence

Steven A. Ramirez

Loyola University of Chicago School of Law

Washburn Law Journal, Vol. 42, pg. 31, 2002

On July 9, 2002, President George W. Bush delivered a speech intended to revive investor confidence, in order to quell a rapidly declining stock market that was widely viewed as the by-product of a string of scandals in the business sector.

This article argues that in a modern economic system, law must take fear as a given. The issue in financial regulation is not whether fear is rational or irrational, but whether the financial system can be protected from fear (rational or not) and whether investor psychology can be managed in a way that allows markets to allocate investment capital in a more macro-economically beneficial way. Indeed, fear management is a central value of the role law plays in securing a more stable and powerful macroeconomy. This article seeks to articulate a comprehensive vision of how law can protect investor confidence in a way that unleashes the power of free markets to the maximum extent possible, and to show the shortcomings in our current law in this regard.

Part I of this article will illustrate the debilitating effects of fear on macroeconomic performance and the potential benefits available to a society that uses law to secure long term investor confidence. Part II will highlight areas where the law has lagged economic theory in creating a system designed to achieve ideal investor confidence and attempt to articulate a comprehensive system of law and macroeconomics insofar as fear management is concerned. In the end, this article attempts to show that far more important than the question of whether fear is rational or irrational, is the question of how a modern economy deals with fear that is admittedly irrational. This question is one of the bedrock principles of law and macroeconomics, and one of enduring importance.

Number of Pages in PDF File: 48

Keywords: fear, capitalism, investor confidence

JEL Classification: D81, G00, P26

Open PDF in Browser Download This Paper

Date posted: March 19, 2009  

Suggested Citation

Ramirez, Steven A., Fear and Social Capitalism: The Law and Macroeconomics of Investor Confidence. Washburn Law Journal, Vol. 42, pg. 31, 2002. Available at SSRN: http://ssrn.com/abstract=1088436

Contact Information

Steven A. Ramirez (Contact Author)
Loyola University of Chicago School of Law ( email )
25 E. Pearson
Chicago, IL 60611
United States

Feedback to SSRN

Paper statistics
Abstract Views: 1,266
Downloads: 184
Download Rank: 120,818
Citations:  1
Footnotes:  279

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 2.469 seconds