Audiobook11 hours
The Code of Capital: How the Law Creates Wealth and Inequality
Written by Katharina Pistor
Narrated by Laural Merlington
Rating: 4 out of 5 stars
4/5
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About this audiobook
Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else.
In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital-and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations-assets that exist only in law.
A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders.
In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital-and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations-assets that exist only in law.
A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders.
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Reviews for The Code of Capital
Rating: 4.159090945454545 out of 5 stars
4/5
22 ratings2 reviews
- Rating: 3 out of 5 stars3/5This is a good book for those who would like to understand how much the law influences the coding/creation of capital. I did learn quite a bit. I wish the author didn't conclude this with a big "If", but end with a few positive suggestions on correcting the course of abuse of law in creating this inequality.
1 person found this helpful
- Rating: 3 out of 5 stars3/5In this book, Colombia Law professor Katharina Pistor defines capital as an asset plus the rules, laws, or codes, that govern access to this asset. Through the perspective of this definition, Pistor unpacks how law is always biased, and always preferences the rights of some over those of others. Through this approach, she also reinforces the state theory of money.Pistor explores a variety of case studies. Her first, which is quite enlightening, explores the Maya's quest for land tenure in Bolivia. Some of Pistor's other examples, such as the subprime mortgage crisis and Long Term Capital Management, don't seem to add much depth to the discussion (if you're looking for a book one the former, read Adam Tooze's "Crashed; on the latter, Roger Lowenstein's "When Genius Failed").The most interesting aspects of her case arise in the way she traces the history of entities like the trust back two millennia. Did you know that Medieval Europe had an equivalent in the "use?" Or Rome, with the "peculium," a slave-operated entity?Through an inquiry into law, Pistor reminds us that capital's existence and utilization rely fundamentally on a social contract which is mutable. And at the moment, that social contract is fatally frayed. Pistor predicts that civilization either initiates a fundamental overhaul to our laws or we will see its downfall (she cites even staid publications like "The Financial Times" calling for a renewed social contract).The book also investigates the paradox of the mobility of capital (although she doesn't examine the inverse trend with the imprisonment of people within national borders). Almost all capital is coded in either English law, or the law of New York state (hence London and New York City's uncontested dominance as the planet's two financial centers).In her conclusions, Pistor pits the state against smart contracts and blockchain. From my perspective, this is not an either/or situation. But Pistor's explorations up to this point are still thought-provoking even if you don't agree with her conclusions.If you're looking for a nuanced theory about the legal origination of wealth, this is a great read.
1 person found this helpful