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LPE Originals

Capital and Law as Social Forms

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Where do profits come from? And how does law legitimate capitalism? To make progress on these questions, we must dig deeper into the nature of capital and the idea of the legal form.
LPE Originals

A Social Theory of Law in Capitalism

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Understanding law’s role in producing the imperatives of capitalism and the relative power of those who occupy different roles in production allows us to identify reforms capable of transforming the structure of those relations.
LPE Originals

What Rolls Downhill

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Recent calls for mandatory retirement in academia are a reminder that class and other social hierarchies are something like mountains with increasingly dense fog toward their peaks: the higher up one is, the less one understands that upon which and above which one stands.
LPE Originals

Cradle to the Grave

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As Sam Moyn has recently argued, “class reductionism” fails to explain differentiation along the generational gradient — a pattern clearly visible in economics, politics, and ideology. Yet a clear picture of how age mediates class would reveal not gerontocracy, but capitalism and the fractionated class system it produces.
LPE Originals

Twilight of the Gods

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Contemporary proponents of law and economics claim to have abandoned the idea that law is an instrument for maximizing economic efficiency and wealth. Corporate law scholars haven’t yet heard the good news.
LPE Originals

Against Legislative Primacy

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On this blog and elsewhere, Congress has recently been cast as a cure for our decrepit democracy. This push for legislative primacy is a mistake: it valorizes a deeply undemocratic institution, relies on a selective reading of the past, and distracts us from vital debates about the policies we should be pursuing and persuading others to support.
LPE Originals

Age and the Lure of Class Reductionism

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Gerontocracy in America has elicited a common refrain from critics: that class, not age, is the real problem. Yet this kind of class reductionism has largely been rejected when it comes to gender and race, and age should be no exception.
LPE Originals

You Didn’t Earn That

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When defending income inequality, high-earners often appeal to an old left-wing idea: that workers are entitled to the fruits of their labor and should be paid the value of their productive contribution. But does this idea make sense in a complex, interdependent economy?
LPE Originals

Law & Political Economy, or Legal Theory & Capitalism?

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What is this thing called capitalism? What, if anything, is the use of legal theory in understanding capitalist society? Is anything gained, or anything lost, if we replace the phrase “Law and Political Economy” with “Legal Theory and Capitalism”? Answers to these questions (and more!) in a hot new double issue of Law & Contemporary Problems.
LPE Originals

Taking Legislative Primacy Seriously

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As we work toward a durable democratic future, a commitment to legislative primacy can serve as an orienting north star. Reaching that goal, however, will require using both legislative and executive tools, especially while we are working with an imperfect, hobbled, and significantly co-opted legislature.