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The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy

The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy

Name: The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy
Brand: Brill Academic Publishers
SKU: 9789004297074
Price: 2380.70 HKD
Availability: InStock
Author: Grietje Baars
ISBN: 9789004297074

By Grietje Baars

Brill Academic Publishers March 2019

Specifications

ISBN-13: 9789004297074
Publisher: Brill Academic Publishers
Publication: March 2019
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

In The Corporation, Law and Capitalism, Baars offers a radical Marxist perspective on the role of law in the global political economy. Closing a major gap in historical-materialist scholarship, they demonstrate how the corporation, capitalism’s main engine from city-state and colonial times to the present multinational, is a masterpiece of legal technology. The symbiosis between law and capital becomes acutely apparent in the question of ‘corporate accountability’.

Baars provides a detailed analysis of corporate human rights and war crimes trials, from the Nuremberg industrialists’ trials to current efforts. The book shows that precisely because of law’s relationship to capital, law cannot prevent or remedy the ‘externalities’ produced by corporate capitalism. This realisation will generate the space required to formulate a different answer to ‘the question of the corporation’, and to global corporate capitalism more broadly, outside of the law.

List of abbreviations; Acknowledgements; Preface; 1.
Introduction: ‘Das Kapital, das immer dahinter steckt’: 1.
Introduction: 1.1 ‘Global corporate rule is here’ and the liberal approach; 1.2 This book: a counter-narrative; 1.3 The structure of this book; 1.4 Debates intervened in, limitations, future research; 2.
Theoretical framework: 2.1 The commodity form theory of law – a brief outline; 2.2 The form and violence of law: property (and sovereignty) as ‘mine-not-yours’; 3.
‘Developing the form on the basis of the fundamental form’: 3.1 Law: Inter-polity law and proto-law; 3.2 Global classes; 3.3 Conflict, violence, imperialism, structural violence and oppression; 3.4 The commodity form theory and corporations; 3.5 The commodity form theory and (international) criminal law; 4.
Beyond ‘nebulous left functionalism’: Further considerations on Marxism and law: 4.1 Law ‘congealing capitalism’: Determination, overdetermination and totality; 4.2 Lawyers congealing capitalism: Who constructs the structure?; 4.3 Law’s emancipatory potential queried; 5.
Conclusion: 2.
The Roots, Development, and Context of the Legal Concept of the Corporation: The Making of a Structure of Irresponsibility and a Tool of Imperialism: 1.
Introduction to 2A and 2B: 2A The ‘back story’ of the legal concept of the business; 2.
Introduction to 2A: 3.
Epistemology of the corporate legal form: 3.1 Writing the history out of the corporation through legal textbooks; 3.2 Legal theory and the ‘big idea’ of company law; 3.3 Writing the history back into the corporation; 4.
The creation of market society: Legal relations and legal entities: 4.1 The legal personality of commercial polities: From collective burden sharing to societas delinquere non potest; 4.1.1 The borough; 4.1.2 Guilds; 4.1.3 Illustration on the corporation and responsibility; 4.1.4 Conclusions on the incorporate person; 4.2 Primitive accumulation and the creation of the working class; 4.3 Calculable law, risk accounting and ‘accountability’; 4.4 The legal forms, limited liability and ‘entity shielding’; 5.
From the Joint Stock Corporation to the MNC: 5.1 Merchant Adventurers, Slave-traders and Colonisers Inc.; 5.1.1 Jobbers and bubbles at the birth of the modern corporation; 5.1.2 The big bang of modern company law: When the Bubble burst; 5.2 Bubble aftermath: Effects on company law development; 5.3 1844: The first modern Companies Act; 5.4 Another look at separate personality; 5.4.1 The finishing touch: Salomon; 5.5 The modern Leviathan: The multinational corporate group; 6.
Conclusion to 2A: 2B The Corporation and the Political Economy of International Law; 1.
Introduction: The Corporation and Capitalism in International Law: 1.1 Epistemology: Sources in international law/history of international law; 1.2 Towards International Law; 1.3 The commodity form theory in international law; 2.
Corporations, law and capitalism: 2.1 Grotius: ‘Father of international law’ and corporate counsel to the Dutch East India Company; 2.2 Concurrent development: corporations, states and colonialism; 2.3 The nineteenth-century trade corporations preparing the ground for states in the Western image; 2.4 The corporate scramble for Africa; 2.5 The Congo Corporation and the state form; 2.6 The Berlin Conference: Legalising corporate imperialism; 3.
Corporations in IL in the twentieth century: 3.1 Concession agreements and unequal sovereigns; 3.2 ILIP and internationalisation; 3.3 Investment arbitration: The silent revolution?; 3.4 Corporations in the PCIJ and ICJ; 3.5 Island of Palmas Arbitration vs. Reparations for Injuries: International legal personality revisited; 4.
Class law and class struggle in IL: 5.
Conclusion to 2B: 6.
Afterword to 2A and 2B: The modern corporation and criminal law: 3.
Capitalism’s Victor’s Justice? The Economics of World War Two, the Allies’ Trials of the German Industrialists and their Treatment of the Japanese zaibatsu: 1.
Introduction to 3A and 3B: 3A Germany; 2.
Introduction to 3A: 2.1 Sources; 3.
From War to Trials: Why ‘Nuremberg’?: 4.
The US occupation and economic reform of Germany: 5.
Nuremberg: Political demands translated into law: 5.1 The trial at Nuremberg; 5.2 The Indictment; 5.3 The IMT Judgment; 5.3.1 The judgment on the ‘economic case’; 6.
The Turnaround: From Germany is our problem to Germany is our business: 7.
The trials of the industrialists: From morality play to theatre of the absurd: 7.1 The trials of the industrialists at the US military tribunal at Nuremberg; 7.1.1 Deciding whether to have further trials; 7.1.2 Discussions of theories of liability; 7.1.3 The Flick Case, Case No.; 5; 7.1.4 The IG Farben Case, Case No.; 6; 7.1.5 The Krupp Case, Case No.; 10; 7.1.6 The Pohl Case, Case No.; 4; 7.1.7 Rasche in the Ministries Case, Case No.; 11; 8.
Industrialists in other zonal trials: 8.1 Industrialists in the British zonal trials; 8.1.1 The Zyklon B Case; 8.1.2 The Steinöl Case: Neuengamme Concentration Camp; 8.2 Industrialists in the French zonal trials; 8.2.1 The Case against Hermann Roechling and Others; 8.3 Industrialists in the Soviet zonal trials; 8.3.1 Topf & Söhne; 8.4 Aftermath: The warm bosom of the Western powers, the Churchill and McCloy clemencies, McCarthyism and the rebuilding of West Germany; 9.
Conclusion to 3A: 3B Japan: The Tokyo International Military Tribunal, or, How the East was Won; 1.
Introduction to 3B: 1.1 Sources; 2.
Why Tokyo?: 3.
The US Occupation and economic reform of Japan: 4.
The International Military Tribunal for the Far East: 4.1 Missing in action; 4.1.1 Hirohito; 4.1.2 Zaibatsu; 4.2 Other trials of Japanese war crimes in the Far East; 4.2.1 Dutch trial of Awochi at Batavia; 4.2.2 US Trials at Yokohama; 4.2.3 The British War Crimes Court in Hong Kong: The Nippon Mining Company; 4.2.4 The Soviet trial of Unit 731; 5.
Economic occupation policy: zaibatsu dissolution and the ‘reverse course’: 5.1 Zaibatsu dissolution and other reforms; 5.2 Reverse course; 6.
Conclusion to Chapter 3: Capitalism’s Victor’s Justice: 4.
Remaking ICL: Removing Businessmen and Inserting Legal Persons as Subjects: 1.
Introduction to 4A, 4B and 4C: 4A The (Re-)Making of ICL: Lawyers Congealing Capitalism; 2.
Introduction to 4A: Constructing ICL’s foundational ideology: 2.1 Against all atrocities: A distinction based on morality; 2.2 Optimists and sceptics: A distinction based on enforcement mechanisms; 2.3 German positivists: A distinction based on doctrine; 2.4 No distinction: The catch-all ‘omnibus’ approach; 3.
ICL ideology, pre-fab critiques and foreclosed critiques: 3.1 ICL ideology; 3.2 Pre-fab critiques and foreclosed and subjugated critiques; 4.
An alternative foundational narrative for ICL: 4.1 Canned morality: A commodity form theory of ICL; 5.
Conclusion to 4A: 4B ‘No soul to damn and no body to kick’? Attribution, perpetration and mens rea in business; 1.
Introduction to 4B: 1.1 ‘No soul to damn and no body to kick’? Attribution, perpetration and mens rea in business; 1.2 Direct (individual) perpetration; 1.3 Co-perpetration and Joint Criminal Enterprise; 1.4 ‘Complicity’, aiding and abetting; 1.5 Command and other superior responsibility; 1.6 Perpetration through an organisation?; 1.7 Contextual elements and gravity; 2.
Conclusion to 4B: So many men, so many modes: 4C Re-Making ICL: Who Wants to be an International Criminal? Casting Business in Contemporary ICL; 1.
Introduction to 4C: 2.
The ‘new ICL’ and re-opening the debate on collective liability: 3.
‘De-Individualising ICL’: Towards legal person liability?: 3.1 The ICC negotiations on legal persons; 3.2 Legal person liability for business in ICL: The ‘progress view’; 3.3 Legal person liability: The systems view; 3.4 ‘Shared responsibility’; 4.
From theory to practice: Recent developments: 4.1 ILC Crimes against humanity; 4.2 Malabo Protocol; 4.3 STL contempt cases; 4.4 The practice-theory dialectic; 5.
Conclusion to 4C: 6.
Conclusion to 4A, 4B and 4C: Who let the Dogmatisierung out?: 5.
Contemporary Schreibtischtäter: Drinking the Poison Chalice?: 1.
Introduction: 1.1 The Balkans and the ICTY; 1.2 International Criminal Tribunal for Rwanda; 1.2.1 Kabuga and Rutaganda; 1.2.2 Government 1; 1.2.3 Nahimana/Radio cases; 1.2.4 Musema; 1.2.5 Bagaragaza; 1.2.6 Discussion; 1.3 Special Court for Sierra Leone; 2.
The ICC: 2.1 The Democratic Republic of Congo; 2.2 Kenya; 3.
Alternative ways of dealing with business in conflict: 3.1 The UNSC Embargoes, sanctions and fact-finding missions; 4.
ICL on the domestic level: 4.1 Van Anraat and Kouwenhoven, the exception and the rule; 4.2 Van Anraat; 4.3 Kouwenhoven; 5.
Host state cases: 6.
Conclusion: 6.
Corporate Imperialism 3.0: From the Dutch East India Company to the American South Asia Company: 1.
Introduction: Corporate imperialism 3.0: The American South Asia Company: 2.
The story so far…: 3.
The creation of the corporate soul: Corporate citizenship and corporate social responsibility as the ‘last Maginot line of capitalism’: 3.1 Legalising CSR; 3.2 CA cause lawyering; 3.3 Legalising CSR and cause lawyering; 4.
Legalised CSR, CA cause lawyering and corporate ICL problematised: 4.1 Corporate crime, compliance and class; 4.2 Enforcement and imperialism; 4.3 Cause lawyering as the domestication of class struggle and reproduction of white privilege; 4.4 Settlements and selling rights: a market for responsibility; 4.5 Corporate power, legitimacy and law; 4.6 The dark side of ‘corporate accountability’; 5.
Consciousness-building and the Seed of the New: Appendices; References; Index