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The rule of law and the rise of capitalism
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Krever, Tor (2018) The rule of law and the rise of capitalism. In: May, Christopher and Winchester, Adam, (eds.) Handbook on the Rule of Law. Cheltenham: Edward Elgar Publishing, pp. 184-200. ISBN 9781786432438
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Abstract
This chapter […] offers a brief mapping, necessarily abbreviated, of the two most prominent theoretical traditions which have sought to understand the relationship between the rule of law and the rise of capitalism. It begins with a discussion of Weber’ s contribution before tracing the contours of a genealogy of what I call the neo-Weberian tradition, an arc which passes through the modernisation theories of Talcott Parson s and the Law and Development movement and ends at contemporary theories of ‘good governance’ now dominant in the major international financial institutions (IFIs). The chapter then turns to an alternate tradition of thought. It sketches an outline of Marx’s insights on law and its origins in capitalism before discussing two prominent approaches to this relationship which build on Marx’s own lapidary remarks. The first emphasises class struggle in the shaping of a capitalist rule of law, while the second traces the very legal form itself to the rise of capitalism. The chapter concludes with a brief discussion of the political stakes involved in these debates.
Item Type: | Book Item | ||||||
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Subjects: | H Social Sciences > HB Economic Theory K Law [Moys] > KA Jurisprudence |
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Library of Congress Subject Headings (LCSH): | Capitalism -- History, Law and economics, Markets -- Social aspects | ||||||
Publisher: | Edward Elgar Publishing | ||||||
Place of Publication: | Cheltenham | ||||||
ISBN: | 9781786432438 | ||||||
Book Title: | Handbook on the Rule of Law | ||||||
Editor: | May, Christopher and Winchester, Adam | ||||||
Official Date: | 31 August 2018 | ||||||
Dates: |
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Number of Pages: | 552 | ||||||
Page Range: | pp. 184-200 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Reuse Statement (publisher, data, author rights): | This is a draft chapter. The final version is available in Handbook on the Rule of Law edited by May, C and Winchester, A. editor(s), published in 2018, Edward Elgar Publishing Ltd https://doi.org/10.4337/9781786432445 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only. | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
Date of first compliant deposit: | 31 October 2018 | ||||||
Date of first compliant Open Access: | 31 March 2019 | ||||||
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