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The Code of Capital

Katharina Pistor

315 Pages
2019-05-28

The Code of Capital

How the Law Creates Wealth and Inequality

Princeton University Press

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"The Code of Capital" - Summary

"The Code of Capital" by Katharina Pistor offers a compelling exploration of how the law shapes the distribution of wealth in modern economies. Pistor reveals that capital is not just a natural occurrence but is meticulously crafted behind closed doors by private attorneys. This book uncovers the mechanisms through which assets are legally coded to generate and protect private wealth, contributing to the widening wealth gap. By understanding the legal coding of assets like land, stocks, and even ideas, readers gain insight into the hidden forces driving economic inequality. This book is essential for anyone interested in the intersection of law, finance, and social justice, providing a powerful new perspective on one of today's most pressing issues.

Key Ideas

1

Legal Coding of Assets

Pistor explains that the transformation of wealth into capital is a legal process. Lawyers play a crucial role in this by selecting and applying legal systems and devices that best serve their clients' interests. This legal coding endows assets with the ability to generate and protect wealth, making it a fundamental aspect of modern economies.

2

Wealth Inequality

The book highlights how the legal coding of assets contributes to the growing wealth gap. By selectively coding certain assets, the law creates advantages for capital holders, often at the expense of the broader population. This process exacerbates economic inequality and concentrates wealth in the hands of a few.

3

Global Implications

Pistor emphasizes the global nature of the legal coding of capital. The techniques used to code assets are not confined to any single country but are pervasive worldwide. This global perspective underscores the widespread impact of legal coding on economic systems and the importance of addressing these issues on an international scale. <h2>Key Ideas</h2>

1

Legal Coding of Assets

Pistor explains that the transformation of wealth into capital is a legal process. Lawyers play a crucial role in this by selecting and applying legal systems and devices that best serve their clients' interests. This legal coding endows assets with the ability to generate and protect wealth, making it a fundamental aspect of modern economies.

2

Wealth Inequality

The book highlights how the legal coding of assets contributes to the growing wealth gap. By selectively coding certain assets, the law creates advantages for capital holders, often at the expense of the broader population. This process exacerbates economic inequality and concentrates wealth in the hands of a few.

3

Global Implications

Pistor emphasizes the global nature of the legal coding of capital. The techniques used to code assets are not confined to any single country but are pervasive worldwide. This global perspective underscores the widespread impact of legal coding on economic systems and the importance of addressing these issues on an international scale.

FAQ's

The main argument is that capital is not a natural occurrence but is created through legal processes by private attorneys. This legal coding of assets is a key factor in generating and protecting private wealth, which contributes to economic inequality.

The book explains that lawyers play a crucial role by selecting and applying legal systems and devices that best serve their clients' interests. This process, known as legal coding, transforms assets into capital, enabling them to generate and protect wealth.

The book emphasizes that the techniques used to code assets are not confined to any single country but are pervasive worldwide. This global perspective highlights the widespread impact of legal coding on economic systems and underscores the importance of addressing these issues internationally.

๐Ÿ’ก Full 15min Summary

Law serves as the source code for capital, transforming intangible assets into wealth through legal modules and evolving over time to include intellectual property rights.
0:00 / 2:01

Law serves as the source code for transforming intangible assets into capital by utilizing legal modules such as property rights, collateral, trust, corporate, bankruptcy law, and contract law. These modules bestow critical legal attributes on select assets, giving them a comparative advantage over others in creating new and protecting old wealth. Once properly coded, capital assets enjoy priority, durability, convertibility into cash, and universality, which are enforced by states.

The roster of assets coded in law has evolved over time, moving from land to corporate shares, bonds, and intellectual property rights. Land, for instance, produces food and shelter even in the absence of legal coding, but financial instruments and intellectual property rights exist only in law. The legal devices used for coding these assets have remained remarkably constant over time.

An example of the power of legal coding can be seen in the rise of intellectual property rights over the last few decades. These rights now account for the lion's share of the market valuation of many firms. By grafting the modules of the legal code onto an asset, its holder obtains a right over and above others, enjoying greater durability and fewer obstacles to lock in past gains by converting them into state-backed currency.

In the case of Haskel and Westlake's book "Capitalism without Capital," the authors discuss the increasing importance of intangible assets in the economy but hesitate to acknowledge the central role of law in coding capital. By recognizing that capital is made and not simply the product of superior skills, attention shifts to the processes by which different assets are slated for legal coding and to the states that endorse relevant legal modules and offer their coercive powers to enforce them.

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