Modern Legal Practice As the Engine of Inequality: An Essay on Katharina Pistor’s the Code of Capital

Development and Change, Forthcoming

8 Pages Posted: 14 May 2020

See all articles by Carolyn Sissoko

Carolyn Sissoko

University of the West of England (UWE)

Date Written: March 8, 2020

Abstract

This review essay of Katharina Pistor's Code of Capital summarizes her argument: legal practice is all about the design of capital assets so that their owners' interests are maximized, and so that courts will not stop these owners from taking unfair advantage. Pistor explains how this legal regime naturally generates inequality. The summary is followed by a critique of Pistor's claim that she describes the fundamental nature of the Anglo-American legal system and a discussion of the many ways in which both courts and legislatures in the past used to constrain the growth of both unfairness and inequality.

Keywords: Inequality, Legal practice, Common Law, Corporations, Securitization

JEL Classification: K2

Suggested Citation

Sissoko, Carolyn, Modern Legal Practice As the Engine of Inequality: An Essay on Katharina Pistor’s the Code of Capital (March 8, 2020). Development and Change, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3556415

Carolyn Sissoko (Contact Author)

University of the West of England (UWE) ( email )

Blackberry Hill Bristol
Bristol, Avon BS16 1QY
United Kingdom

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