Law as capitalist technique
Hudson, Alastair (2018) Law as capitalist technique. King's Law Journal, 29 (1). pp. 58-87. ISSN 1757-8442 (https://doi.org/10.1080/09615768.2018.1475845)
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Abstract
This article analyses how one of the aspects of law (little discussed in the literature) is as a series of techniques in practice which facilitate the activities of the current model of capitalism. Commonalities are drawn between traditional trusts law and offshore trusts law enabling tax avoidance; company law and the extraction of value from businesses (as with BHS); how corporate governance failures in UK company law enable the avoidance of personal liability (as with Carillion and Enron), and their comparison with the regulation of banks; and how the concept of ‘industrial democracy’ set out in the 1970s enables a different way of modelling these legal techniques. This article prefaces in a little more detail the work of the Corporate Governance Policy Review which I am leading for the British Labour Party in 2018.
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Item type: Article ID code: 65163 Dates: DateEvent28 September 2018Published5 August 2018Published Online2 May 2018AcceptedSubjects: Law Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 14 Aug 2018 14:33 Last modified: 12 Oct 2024 00:24 URI: https://strathprints.strath.ac.uk/id/eprint/65163